(A) Open books and records.
(1) A franchisee shall manage all of its cable system operations in accordance with a policy of open books and records.
(2) CCRC shall retain throughout the life of any franchise the right to require such information pertaining to the operation of the franchise as it reasonably deems useful or necessary to ensure compliance with the terms of the franchise agreement and applicable law.
(B) Inspection of books and records.
(1) Upon reasonable written notice, the County Commissioners shall have the right to inspect a franchisee’s books and records pertaining to the operation of the franchise at any time during normal business hours as reasonably necessary to ensure compliance with the terms of the franchise agreement and applicable law. This includes not only the books and records of the franchisee, but any books and records the County Commissioners reasonably deem relevant held by any affiliate of the franchisee, a cable operator of the cable system, any contractor or subcontractor, or any person holding any form of management contract for the cable system.
(2) Such inspections shall be conducted in a manner that will not unreasonably disrupt the franchisee’s normal operations.
(3) If any books or records that relate to the cable system are not kept in the county, the franchisee shall pay all reasonable and necessary expenses incurred in making the inspection.
(C) Annual report. Each franchisee shall file annually with CCRC a written report containing the following information:
(1) A summary of maintenance practices, transmission improvements, signal strength, and signal quality at the subscriber end of the system during the past year. This report shall include a summary of the results of, and/or, at the franchisee’s option, copies of the FCC proof of performance tests conducted during the past year;
(2) A map showing the area within the borders of the franchisors in which the franchisee offers service as of the end of the year;
(3) A summary of the franchisee’s plans for extending its cable service to unserved areas during the coming year;
(4) A copy of the franchisee’s rules and regulations of the franchisee applicable to cable subscribers; and
(5) An annual statement of gross revenues derived from the operation of the cable system for cable service, certified by the franchisee’s chief financial officer or an independent certified public accountant.
(D) Communications with regulatory agencies.
(1) The franchisee shall file with CCRC all reports and materials submitted to or received from the following agencies by the franchisee or its affiliates that relate specifically to the cable system or could affect the franchisee’s operations within the boundaries of the franchisors: the FCC, the Security and Exchange Commission, and any other federal or state regulatory commission or agency having jurisdiction over any matter affecting operation of the franchisee’s system.
(2) Materials filed with CCRC pursuant to division (D)(1) above shall be filed as follows: materials submitted by the franchisee or an affiliate shall be filed with CCRC at the time they are submitted to the receiving agency. Materials received by the franchisee shall be filed with CCRC within 30 days of the date they are received by the franchisee, except that if applicable law permits a response to such materials by the franchisors and sets a deadline of 60 days or fewer days for the franchisors’ response, they shall be filed with CCRC within five days of the date they are received by the franchisee.
(E) Confidentiality.
(1) CCRC and the franchisors shall maintain the confidentiality of any trade secrets or other proprietary information received from a franchisee, and such records shall be exempt from inspection under this section to the extent required by applicable law regarding subscriber privacy.
(2) If a franchisee clearly and appropriately identifies information as confidential or proprietary, then to the maximum extent permissible under applicable federal, state, and local laws related to public records, CCRC and the franchisors may not disclose that information to the public.
(3) If CCRC determines that requested information is not clearly or appropriately identified, or that disclosure is otherwise required by law, CCRC shall notify the franchisee that CCRC intends to disclose the requested information unless ordered otherwise by a court.
(2004 Code, § 93-6) (Ord. 41, passed 4-28-1983; Ord. 08-10, passed 12-18-2008)