7.04.370 Rights Reserved to the Commission

(a) Right of inspection of records. The Commission shall have the right to inspect all books, records, reports, maps, plans, financial statements, and other like materials of the franchisee, at any time, upon reasonable notice during normal business hours necessary to the enforcement of this chapter and the franchise.

(1) The franchisee shall provide such information in such form as may be required by the Commission for said records.

(2) To the extent allowed by law, the Commission agrees to treat as proprietary any information identified as such by the franchisee and shall not intentionally divulge any such information publicly or to actual or potential competitors of the franchisee, except as may be required in a legal proceeding or ordered by a court of competent jurisdiction.

(3) If any such maps or records are not kept within a 20-mile radius of the Saint Regis Mohawk Tribal lands, or upon notice the franchisee is unable to provide the records within a 20-mile radius of the Saint Regis Mohawk Tribal lands, and if the Commission shall determine that an examination of such maps or records is necessary or appropriate to the performance of the Commission's responsibilities under this franchise, then all travel and maintenance expenses necessarily incurred in making such examination shall be paid by the franchisee.

(b) Right of inspection of construction. The Commission shall have the right to inspect all construction or installation work performed subject to the provisions of the Franchise Agreement and to make such tests as it shall find necessary to ensure compliance with the terms of this chapter and other pertinent provisions of the law.

(c) Right of inspection of property. At all reasonable times, the franchisee shall permit examination by any duly authorized representative of the Commission of system facilities, together with any appurtenant property of the franchisee situated within or without the Tribal lands.

(d) Right of intervention. The Commission shall have the right of intervention in any suit or proceeding to which the franchisee is a party.

(e) Right to require tests. The Commission shall have the right and authority to test the performance of all Communication Services. The Commission may require that any tests performed at the Commission's request be supervised or conducted by a Commission designee, not an employee or agent of the franchisee. The franchisee shall reimburse the Commission for the costs of such designee if the test performed shows that the quality of service is below the standards set forth in the franchise. The franchisee shall cooperate fully with the Commission in performing such testing.