Accounts, records and reports.
Memphis Code of Ordinances § 6-28-21
in effectSec. 6-28-21. - Accounts, records and reports.
A. Grantee shall keep the city fully informed as to all matters in connection with or affecting the construction, reconstruction, removal, maintenance, operation and repair of grantee's system, grantee's accounting methods and procedures in connection therewith, and the recording and reporting by grantee of all revenues and uncollectibles.
B. Grantee shall keep complete and accurate books of account and records of its business and operations pursuant to this chapter in accordance with generally accepted accounting principles, subject to approval by the city. If required by the city or the FCC, grantee shall use the system of accounts and the forms of books, accounts, records and memoranda prescribed by the FCC in 47 CFR part 32 or its successor and as may be further described herein. The city may require the keeping of additional records or accounts which are reasonably necessary for purposes of identifying, accounting for, and reporting gross revenues and uncollectibles for purposes of section 6-28-20. Grantee shall keep its books of account and records in such a way that breakdowns of revenues are available by type of service within the city.
In order to determine the gross revenues received by the grantee for those categories identified in section 6-28-2, grantee agrees that on the same date that payment is made, as provided in section 6-28-20, it will file with the director of finance and administration a sworn copy of a report in a form acceptable to the city, in sufficient detail to itemize revenues from each of the categories identified in section 6-28-2. It is agreed that the report will not require such detail that will divulge proprietary information. The city may, if it sees fit, have the books and records (including those books and records that may divulge proprietary information) of grantee examined by a representative of the city to ascertain the correctness of the reports agreed to be filed herein, including those financial records that may divulge proprietary information.
C. Grantee shall report to the city such other information relating to grantee as the city may consider useful and shall comply with the city's determination of forms for reports, the time for reports, the frequency with which any reports are to be made, and if reports are to be made under oath.
D. Grantee shall provide the city with access at reasonable times and for reasonable purposes, to examine, audit, review and/or obtain copies of the papers, books, accounts, documents, maps, plans and other records of grantee pertaining to the franchise agreement. Grantee shall fully cooperate in making available its records and otherwise assisting in these activities.
E. The city may, at any time, make inquiries pertaining to grantee's operation of its system within the city. Grantee shall respond to such inquiries on a timely basis.
F. 1.
The city agrees that:
a. Any confidential information received by the city hereunder will be held in confidence and will not be disclosed to third parties, except as otherwise provided herein;
b. The disclosure and use of any confidential information will be limited to recipient's employees and affiliates having a need-to-know and use such confidential information; or
c. It will use the confidential information only for the purposes contemplated under this agreement.
2. Notwithstanding any provision of this chapter to the contrary, the city shall not be precluded from disclosing confidential information if such disclosure is:
a. In response to a valid order of a court, regulatory or other governmental body of the United States or any political subdivision thereof; provided, however, that the recipient shall first have given notice of such order to the grantee, and the recipient shall, to the extent possible, give grantee the opportunity to obtain a protective order requiring that the information and/or documents so disclosed be used only for the purpose for which the order was issued;
b. Otherwise required by law or government regulation;
c. Of confidential information already in the possession of the recipient;
d. Of confidential information independently developed by the recipient;
e. Of confidential information that becomes publicly available without breach of this agreement;
f. Of confidential information rightfully received by the recipient from a third party free of restriction and without breach of this agreement; or
g. Released for disclosure by the grantee with the grantee's prior written consent.
The city shall not be liable to any grantee hereunder for any disclosure of information, which it determines in good faith or on advice of counsel not to be confidential information or which it determines on advice of counsel that it is required to disclose based on applicable law.
G. Grantee shall provide the city with notices of all petitions, applications, communications and reports submitted by grantee to the FCC, Securities and Exchange Commission and the Tennessee Public Service Commission or their successor agencies, relating to any matters directly affecting the use of public streets, alleys and public rights-of-way and/or the telecommunications operations authorized pursuant to this chapter. Upon written request from the city, grantee shall provide the city with copies of all such documentation.
(Code 1985, § 10-157; Ord. No. 4398, § 22, 11-19-1996)
Source: City of Memphis, Code of Ordinances and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/tn/memphis/codes/code_of_ordinances?nodeId=TIT6BULIRE_CH6-28FIOPTEREFR_S6-28-21ACREREFetched: 10/28/2026