§ 15.74.055. Records and reports.

A.

Records required. Grantee shall at all times maintain:

1.

A record of all service calls and interruptions or degradation of service experienced for the preceding two (2) years, provided that such complaints result in or require a service call, subject to the subscriber's right of privacy.

2.

A full and complete set of plans, records and "as built" maps showing the locations of the cable system installed or in use in the City, exclusive of subscriber service drops and equipment provided in subscriber's homes.

3.

If requested by City, a summary of service calls, identifying the number, general nature and disposition of such calls, on a monthly basis. A summary of such service calls shall be submitted to City within thirty (30) days following any City request, in a form reasonably acceptable to City.

a.

Subject to applicable law, City may impose reasonable requests for additional information, records and documents from time to time, provided they reasonably relate to the scope of the City's rights under this Chapter or a franchise agreement.

b.

Upon reasonable notice, and during normal business hours, grantee shall permit examination by any duly authorized representative of City of all franchise property and facilities, together with any appurtenant property and facilities of grantee situated within or without the City, and all records relating to the franchise, provided they are necessary to enable City to carry out its regulatory responsibilities under this Chapter or the franchise agreement. Grantee shall have the right to be present at any such examination.

B.

Reports—Requirements. Within one hundred twenty (120) days after the end of each year during the term of a franchise agreement, grantee shall submit a written report to the City Manager, in a form approved by the City Manager, including, but not limited to, the following information regarding the previous calendar year:

1.

A summary of activities in the development of the system, including, but not limited to, services begun or discontinued, total number of subscribers, homes passed, subscribers added or discontinued and institutional network development and user participation, all in accordance with the provisions of this Chapter and the franchise agreement.

2.

A list of all service related complaints received and system "downtime" experienced during the reporting period. All such submitted data shall include complaint disposition and response time. For the purposes of this Section, certified copies of the complaint log book reflecting all such incidents will suffice.

3.

A summary by category of complaints, identifying the number and nature of complaints and their dispositions.

4.

Financial statements to be audited by an independent certified public accountant which include a balance sheet, detailed statement of income, detailed statement of operating expense, detailed statement of capital assets with a schedule of depreciation and a statement of changes in financial position.

5.

A current statement of construction costs by category if any are incurred during the reporting period.

6.

A projected income statement, balance sheet, statement of changes in financial position and statement of projected construction for the next two (2) years.

7.

A reconciliation between previously projected construction and financial estimates, as the case may be, and actual results.

8.

A list of officers and members of the Board of Directors of grantee and its parent, subsidiary or affiliate corporations, if any.

9.

A list of stockholders holding three percent (3%) or more of the voting stock of grantee or its parent, subsidiary and affiliate corporations, if any.

10.

A copy of grantee's annual report and those of its parent, subsidiary and affiliate corporations, if any.

11.

A full schedule of all subscriber and user rates, advertising rates, leasing rates, fees and charges for all cable services provided.

12.

Such other information or reports as the City Manager may request, including, but not limited to, the following special reports:

a.

A biennial opinion survey report which identifies subscriber satisfaction/dissatisfaction with cable system services offered by grantee. Surveys required to make such report shall be conducted in conformance with such requirements, including supervision, as the City may prescribe. The cost of such survey shall be borne by grantee.

b.

Annual plant survey report which shall be a complete survey of Grantee's plant and a full report thereon. The purpose of such report is to assure the City that the technical standards of the FCC and City are achieved and maintained. Such report shall include, but not be limited to, an appropriate engineering evaluation including suitable electronic measurements and shall be conducted in conformance with such requirements, including supervision, as the City may prescribe.

c.

A copy of Subscriber and user agreements used by Grantee.

13.

The reports submitted pursuant to this Section shall be available for public inspection in the office of the City Clerk during City business hours.

14.

Grantee shall file simultaneously with the City, a copy of any document Grantee files with the FCC, the Securities and Exchange Commission or any other regulatory agency with jurisdiction pertaining to the Cable System. To the extent that such documents contain, to the satisfaction of the City Manager, the information required by other reports required by this Chapter, the City Manager may suspend the requirements to file such other reports with City so as to avoid duplication and the administrative costs attendant thereto.

15.

Any material misrepresentation made by Grantee in any report required by this Section shall subject Grantee to the penalty provisions of this Chapter and shall subject Grantee to all remedies available to City.

16.

City reserves the right during normal business hours and upon the giving of reasonable notice, to examine, audit, review and obtain copies of Grantee's contracts, engineering plans, accounting, financial data and service records relating to the property and operations of Grantee and to all other records required to be kept pursuant to Subsection 15.74.055.A herein. City may, by written request, require Grantee to have a special review prepared by certified independent Auditors to explain any discrepancies between revenues used to calculate the Franchise Fee and revenues reported to Grantee's annual audited financial statements.

17.

Grantee shall keep full, true, accurate and current books of account reflecting Grantee's investment and operations under Grantee's Franchise, and said books shall be made available for inspection and copying by an authorized representative of the City at reasonable times. The chart of accounts and accounting systems used in such books of account shall be designed to accurately determine Grantee's cost of operations as well as Gross Annual Cable Service Revenues in accordance with generally accepted accounting principles and this Chapter, and shall be in a form satisfactory to City.

C.

Reports—Filing, Inspection and Follow-up. The reports required by Subsection 15.74.055.B shall be examined by the City Manager for compliance with the requirements of the Franchise Agreement, this Chapter and any specifications established by the City Manager governing their form. The City Manager shall inform Grantee in writing within forty-five (45) days of the date of receipt of the reports whether the reports are or are not in compliance with such requirements. If found not in compliance, the reports, or portions thereof, shall be rejected and returned to Grantee with a statement of reasons for such rejection. Any such information so rejected shall be null and void. Grantee shall, within fifteen (15) days of written rejection from the City Manager, submit amended reports, or portions thereof, to the City Manager.

D.

Reports—Confidentiality. Notwithstanding anything to the contrary contained in this Chapter, all reports or documents required to be delivered or otherwise disclosed under this Chapter, except those required by law or agreement to be kept confidential, shall be available for public inspection in the City's offices during normal business hours.

E.

Examination of Records. At all reasonable times, Grantee shall permit any duly authorized representative of the City to examine all property of Grantee, together with any appurtenant property of Grantee situated within or without the City, and to examine and transcribe any and all maps and other records kept or maintained by Grantee or under its control which deal with the operations, affairs, transactions or property of Grantee with respect to its Franchise. If any such maps or records are not kept in the City or, upon reasonable request, made available in the City within five (5) days of request by City, then all travel and maintenance expense necessarily incurred in making such examination shall be paid by Grantee.

(Ord. C-7471 § 1, 1997)