(A) Annual reports. Within 90 days after the close of the licensee's fiscal year, the licensee upon request of the town shall submit a written annual report, in a form approved by the town including, but not limited to, the following information:
(1) A summary of the previous year's (or, in the case of the initial report year, the initial year's) activities in development of the cable system including, but not limited to, services begun or discontinued during the reporting year, and the number of subscribers for each class of service.
(2) A summary of cable system revenues subject to the license fee provided for under § 114.16 Payment of License Fee.
(3) Full financial statements for the previous year, including income statement, balance sheet, cash flow statement, and appropriate explanatory footnotes, for the licensee or any parent company. Financial statements for the licensee or any parent company shall be audited by an independent CPA, and all other statements shall be certified by an officer of the licensee to be an accurate reflection of licensee's books and records. In the event any audited financial report has not been published by the date due under this section, then the audited financial report shall be deemed presented on time if presented within 30 days after publication. Upon request by the town, the licensee shall also provide an oral briefing to the Town Manager of its financial condition. This will include revenues, operating expenses and capital expenditures for the previous year.
(B) Optional reports. Upon request of the town, licensee shall provide within a reasonable time, any of the following reports:
(1) A current statement of costs of construction of the cable system, if needed in connection with rate regulation.
(2) A projected income statement and statement of projected costs of construction of the cable system for the next 2 years, in connection with rate regulation. To protect the proprietary nature of such information, the town may review these reports at the local business office of the licensee.
(3) A list of the licensee's officers, members of its board of directors, and other principals of the licensee.
(4) A list of stockholders or other equity investors holding 5% or more of the voting interest in the licensee and its parent, subsidiary and affiliated corporations and other entities, if any.
(5) Licensee's annual and other periodic public reports and those of its parent, subsidiary and affiliated corporations and other entities, as is reasonably appropriate.
(6) Information or reports, as needed, to establish licensee's compliance with the various standards and other provisions of this chapter and the license.
(C) Copies of federal and state reports. Upon request of the town, licensee shall submit to the town copies of all pleadings, applications, reports, communications and documents of any kind, submitted by the licensee to the Federal Communications Commission, as well as copies of all decisions, correspondence and actions by any federal, state and local courts, regulatory agencies and other government bodies relating to its cable television operations within the license area. The licensee shall submit such documents to the town simultaneously with its submission to such courts, agencies and bodies; and within 5 days after their receipt from such courts, agencies and bodies. The licensee hereby waives any right to claim confidential, privileged or proprietary rights to such documents unless such confidential rights are determined to be confidential by law or by the practices of federal or state agencies. Such confidential data exempt from public disclosure shall be retained in confidence by the town and its authorized agents and shall not be made available for public inspection.
(D) Service complaint reports. Licensee shall make a monthly report to the town identifying the general nature and number of all service complaints, and summarizing the timeliness of licensee's response and the disposition of such complaints in a form approved by the town. Licensee is free to provide any supplemental information it wishes to the town.
(E) Inspection of facilities. The licensee shall allow the town to make inspections of any of the licensee's facilities and equipment at any time upon reasonable notice, or, in case of emergency, upon demand without prior notice, to allow the town to verify the accuracy of any submitted report.
(F) Inspection of business office and files. At the licensee's area office the licensee shall keep complete books and records. Subject to confidentiality restrictions required by federal or state law or § 114.45 Protection of Subscriber Privacy, the town shall have the right to inspect at any time during normal business hours all books, records, construction maps and plans, income tax returns, financial statements, service complaint logs, performance test results and other like materials of the licensee which relate to the operation of the cable system. Upon request of the town, licensee shall in advance redact any confidential information prior to review by the town.
(G) Public inspection. All reports submitted by licensee to the town are subject to public disclosure, and shall be available for public inspection at a designated town office during normal business hours.
(H) Failure to report. The refusal, failure, or neglect of the licensee to file any of the reports required, or provide such other reports as the town reasonably may request, shall be deemed a breach of the license, and shall subject the licensee to all remedies, legal or equitable, available to the town under the license or otherwise.
(I) False statements. Any materially false or misleading statement or representation made knowingly by the licensee in any report required under the license shall be deemed a material breach of the license and shall subject the licensee to all remedies, legal or equitable, available to the town under the license or otherwise.
(J) Cost of reports. All reports and records of licensee required to be provided by licensee under this or any other section shall be furnished at the sole expense of the licensee.
(Ord. 16-825, passed 9-13-2016)