A. The City Manager may from time to time direct a grantee to prepare reports regarding its cable communication system and its operations within or affecting the City, and to submit those reports by a date certain, in a format prescribed by the City Manager, in addition to those required by this Chapter or a franchise agreement.
B. Unless an exemption is granted by the City Manager, no later than ninety (90) days after the end of its fiscal year, a grantee shall submit the following information, except that the information on grantee's officers, members of its boards of directors, other principals, stockholders or equity investors holding five percent (5%) or more of the voting interest, need only be provided where there has been a change from the preceding year:
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 communications 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 fully audited report by an independent, certified public accountant, of gross revenues from the previous calendar year for the cable communications systems attributable to the franchise area, 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, franchise collections, miscellaneous, other), with specific listings of new revenue sources added during the year; (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; (iii) in the case of revenues allocated to the system, the total revenues, the allocation methodology used, and the resulting revenues allocated to the system, and (iv) a list of subsidiaries added during the year.
C. When requested by the City Manager, within forty-five (45) days of the end of each calendar quarter, a grantee shall submit a report to City containing the following information:
1. The number of service calls (calls requiring a truck roll) received by type, by quarter, and the percentage of service calls compared to the subscriber base by type of complaint.
2. The number and type of outages known by the grantee by quarter, identifying separately the following:
a. Each planned outage, the time it occurred, its duration, and the estimated area and number of subscribers affected;
b. Each known unplanned outage, the time it occurred, its estimated duration and the estimated area and the number of subscribers affected, and if known, the cause;
c. The total estimated hours of known outages as a percentage of total hours of system operation by quarter. The term "outage" means any event affecting five (5) or more subscribers and resulting in a loss of sound or video or, or a substantial deterioration of the signal on any channel.
3. 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 customer service complaints received and an explanation of their dispositions.
4. A summary of the system indicating miles and dwelling units passed.
5. A statement of projected construction, if any, for the next two (2) years.
6. Annual proof of performance tests, in sufficient detail to enable the City to ascertain that the technical standards of the franchise are achieved and maintained.
D. Within ten (10) days of their receipt or (in the case of documents created by the cable communications system operator or a person acting on its behalf) filing, a grantee shall provide the City:
1. Notices of deficiency or forfeiture from a state or federal agency or court of competent jurisdiction related to the operation of the cable communications system other than notices of deficiency or forfeiture from the City; and
2. 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.
E. Copies of all reports materially adversely affecting the franchise that are submitted by the grantee to the FCC or any other federal or state agency shall be submitted to the City simultaneously with the filing of such reports with said agencies. The grantee's routine public correspondence to said agencies need not be automatically submitted to the City, but shall be made available to the City upon written request.
F. Grantees shall submit to the City such other information or reports in such forms and at such times as the City may reasonably request or require, provided such information or reports are reasonably related to the grantee's compliance with its obligations under the franchise.
G. All reports and records required under this or any other Section shall be furnished at the sole expense of the grantee.
(Ord. No. 2001-014 § 2; Ord. No. 2006-009 § 22 (part))