923.25 RECORDS REQUIRED AND GRANTOR'S RIGHT TO INSPECT.

   (a)   Grantee shall at all times maintain and made available to Grantor for inspection upon written request within two (2) weeks:

      (1)   A full, current, and complete set of plans, records and "as-built" maps showing the location of the Cable Television System installed or in use in the City, exclusive of Subscriber service drops and equipment provided in Subscribers' homes, to be updated periodically as warranted; (Grantee shall furnish two (2) complete sets of route maps to Grantor applicable to the Franchise area upon completion of the same which shall be available for public inspection during normal business hours at a location designated by Grantee or at an office of Grantor.)

      (2)   A list of Grantee's services, rates and Channel lineups;

      (3)   Subject to applicable law regarding Subscriber privacy, all subscriber records and information; provided, however, that nothing shall prohibit

Grantee from destroying certain subscriber records in the ordinary course of business in accordance with Grantee's document management program;

      (4)    A statistical compilation of service calls provided by appropriate Grantee category including a description of the problem, the action taken and whether the matter has been resolved; and other subscriber billing complaints. Nothing herein shall require Grantee to maintain statistics regarding subscriber inquiries or questions concerning the company's billing practices, programming or policies or procedures; and

      (5)   An accurate and comprehensive file of any and all complaints regarding the Cable System in a manner consistent with the privacy rights of subscribers and the Grantee's actions in response to those complaints. Complaints shall not include routine billing inquiries, disagreements with company policies or practices or inquiries regarding individual programs or program services carried or not carried by Grantee's Cable System.

   (b)    Grantee shall also make available to Grantor upon written request, the following information:

      (1)    A revenue statement, certified by any officer of the cable operator;

      (2)    A summary of the previous year's activities in development of the Cable System, including, but not limited to, services begun or discontinued during the reporting year, Channel changes, the number of subscribers added or terminated for each class of service, all construction activity and total homes passed.

      (3)    A list of Grantee's operating managers, officers, members of its boards of directors, and other principals of the Grantee;

      (4)    A list of stockholders or other equity investors holding five percent (5%) or more of the voting interest in the Grantee and its parent, subsidiary and affiliated corporations and other entities, if any, unless the parent is a public corporation whose annual reports are publicly available, in which case a copy of the annual report shall be submitted; and

      (5)   An executive summary which shall include information concerning customer complaints for the proceeding twelve (12) months. Such reports shall be maintained by category. Complaints shall not include routine billing inquiries, disagreements with company policies or practices or inquiries regarding individual programs or program services carried or not carried by Grantee's Cable System.

Grantee shall make available to Grantor such records upon written request no more than one time per year. Records required by subsection (2) shall be made available to Grantor within thirty (30) days. All other information shall be made available to Grantor within seven (7) days.

   (c)   Upon at least five (5) business days written notice, and during Normal Business Hours, or, in case of emergency, upon demand, Grantee shall permit examination by any duly authorized representative of the Grantor, of any and all Franchise property and facilities, together with any appurtenant property and facilities of Grantee situated within or without the City, and any and all records relating to the Franchise, provided they are necessary to enable the Grantor to carry out its regulatory responsibilities under local, State and federal law, this Ordinance and the Franchise Agreement. Such records include, all books, records, maps, plans, financial Statements, service complaint logs, performance test results, records of requests for service, and other like materials of Grantee. Grantee shall have the right to be present at any such examination.

   (d)   If any of the records described in this chapter or the Franchise Agreement are proprietary in nature or must be kept confidential by State, federal or local law, upon written request by Grantee, such information requested during an inspection shall be treated as confidential, making it available for inspection purposes only to those Persons who must have access to perform their duties on behalf of the City, including but not limited to the Division of Finance and the Law Department. To the extent that any federal requirement for privacy applies to the information to be submitted, said law shall control.

   (e)   Copies of all petitions, applications, communications and reports submitted by Grantee, or on behalf of or relating to Grantee, to the Federal Communications Commission, Securities and Exchange Commission, or any other federal or State regulatory commission or agency having jurisdiction with respect to any matters affecting the Cable System authorized pursuant to this Ordinance and any Franchise shall be made available to the Grantor upon written request within two (2) weeks. Copies of responses from the regulatory agencies to Grantee shall likewise be furnished to the City upon request within two (2) weeks. Upon written request by the Grantor, the Grantee shall make available to the Grantor copies of all pleadings, applications, notifications, communications and documents of any kind, submitted by the Grantee or its parent corporation(s) to, as well as copies of all decisions, correspondence to and from Grantee or its parent corporation(s) and actions by, any federal, state or local courts, other regulatory agencies and other government bodies relating to the operations of Grantee's Cable System within the Franchise area. Grantee shall submit such documents to the Grantor no later than thirty (30) days after written request.

   (f)   One (1) copy of all reports and records mentioned in this chapter or in the Franchise Agreement shall be made available upon written request to the Grantor within the time limits mentioned therein. All reports and records required under this chapter or the Franchise Agreement shall be furnished at the sole expense of Grantee, except as otherwise provided in this chapter or the Franchise Agreement.

   (g)   The failure of Grantee to report or make information available upon written request as specified and within the time limits stated in this chapter or the Franchise Agreement shall following notice and an opportunity to cure subject Grantee to a penalty of fifty dollars ($50.00) per day. Grantee's liability to Grantor for such amount in such cases shall not be subject to but in addition to the remedies of Section 923.29 herein for Franchise violations.
(Ord. 2000-073. Passed 5-16-00.)