(A) Right to inspect and copy. The city shall have the right to inspect and copy books and records: related in whole or in part to the construction, operation or repair of the cable system and reasonably necessary for the city to monitor compliance with the terms of this ordinance, a franchise or applicable law; or reasonably necessary to the exercise of any right or duty of the city under the same. Each grantee is responsible for maintaining control over books and records related in whole or in part to the construction, operation, or repair of the cable system. It is responsible for producing these records within its care, custody or control upon the city's request for the city's inspection. The records that grantee must produce shall include, but are not limited to records used to compute franchise fees, and other records related to compliance with any provision of this article or a franchise. However, nothing herein gives the city the right to inspect or copy a grantee's confidential financial and/or proprietary information nor access to grantee's electronic data systems. Books and records must be maintained for a period of three years, except that a franchise may specify a shorter period for certain categories of voluminous books and records where the information contained therein can be derived simply from other materials.
(B) Production to city. Books and records requested shall be produced to the city by a time and at a location in the city designated by the Mayor. However, if the requested books and records are too voluminous, or for security reasons cannot be copied and moved, then the grantee may request that the inspection take place at some other location mutually agreed to by the city and the grantee, provided that:
(1) The grantee must make necessary arrangements for copying documents selected by the city after its review; and
(2) The grantee must pay all travel and additional copying expenses incurred by the city (above those that would have been incurred had the documents been produced in the city) in inspecting those documents or having those documents inspected by its designee.
(C) Reports. It is recognized that reports required by the city increase costs and may result in higher rates or subscriber pass through. Any report required hereunder may be prepared in a manner consistent with the grantee's regular records at the level where normally kept.
(1) The Mayor may from time to time (but not more often than once per year) direct a grantee to prepare reports reasonably necessary to the city's monitoring compliance with the terms of this ordinance, a franchise or applicable law and to submit those reports by a date certain, allowing reasonable time for preparation, in addition to those otherwise required by this article.
(2) Within 30 days of a request by the Mayor, but not more than two times per year, a grantee shall submit a report to the city containing the following information:
(a) The number of service calls (calls requiring a truck roll) received during the prior quarter and the percentage of service calls compared to the subscriber base; and
(b) The total estimated hours of known outages as a percentage of total hours of operation. An outage is a loss of sound or video on any signal, or a significant deterioration of any signal affecting five or more subscribers.
(3) Unless an exemption is granted by the Mayor, no later than 90 days after the end of its fiscal year, a grantee shall submit the following information, except that the information required by Section 13-5-1-14(C)(3)(c), below, need only be provided where there has been a change from the preceding year:
(a) An audited or certified revenue report from the previous calendar year for the cable system, and a certified statement setting forth the computation of gross revenues used to calculate the franchise fee for the preceding year and a detailed explanation of the method of computation showing (i) gross revenues by category (e.g., basic, pay, pay-per-view, advertising, installation, equipment, late charges, miscellaneous, other); and (ii) what, if any, deductions were made from gross revenues in calculating the franchise fee (e.g., bad debt, credits and refunds), and the amount of each deduction.
(b) A report showing, for each applicable customer service standard, the grantee's performance with respect to that standard for each quarter of the preceding year. In each case where grantee concludes it did not comply fully, the grantee will describe the corrective actions it is taking to assure future compliance. In addition, the report should identify the number and nature of the written customer service complaints received and an explanation of their dispositions.
(c) An ownership report, indicating all persons who at the time of filing control or own an interest in the grantee of 10% or more.
(4) Within 10 days of their receipt or (in the case of documents created by the grantee or a person acting on its behalf) filing, a grantee shall provide the city:
(a) Notices of deficiency or forfeiture related to the operation of the cable system;
(b) Any request for protection under bankruptcy laws, or any judgment related to a declaration of bankruptcy by the grantee or by any partnership or corporation that owns or controls the grantee directly or indirectly; and
(c) Copies of all petitions, applications and communications in respect to any matters affecting the cable system submitted by the grantee to the Federal Communications Commission, Securities and Exchange Commission or any other federal or state regulatory commission or agency having jurisdiction.
(D) Other records required. Unless the Mayor specifically waives the requirement in writing, a grantee shall at all times maintain:
(1) Records of all written complaints received, their nature and resolution. The term "complaints" refers to complaints about any aspect of the grantee's construction, operations or repair activities;
(2) Records of outages known to the grantee, their cause and duration;
(3) Records of service calls for repair and maintenance indicating the nature of the call for service, the date and time service was requested, the date of acknowledgment and date and time service was scheduled (if it was scheduled), and the date and time service was provided, and (if different) the date and time the problem was solved;
(4) Records of installation/reconnection and requests for service extension, indicating date of request, date of acknowledgment, and the date and time service was extended;
(5) Records sufficient to show whether the grantee has complied with each FCC customer service standard that applies to it.
(E) Exemptions. The Mayor may exempt any grantee from its obligations under Sections 13-5-1-14(C)-(D) if the Mayor reasonably determines that the requirement would be unduly burdensome or unnecessary, and that city and subscriber interests may be adequately protected in some other manner.
(F) Privacy. A grantee shall take all reasonable steps required so that it is able to provide reports, books and records to the city, including by providing appropriate subscriber privacy notices. Each grantee shall be responsible for redacting data that applicable law prevents it from providing to the city. Nothing in this section shall be read to require a grantee to create or maintain redundant records nor to violate state or federal subscriber privacy laws.
(Ord. 24-2002)