A. Annual reports. Within one hundred twenty (120) days after the close of the Grantee's fiscal year, the Grantee may be required to submit a written annual report, in a form requested by the Grantor, 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 revenue statement, audited by an independent Certified Public Accountant, or certified by an officer of the Grantee.
3. A statement of projected construction, if any, for the next two (2) years;
4. A list of the Grantee's officers, members of its boards of directors, and other principals of the Grantee;
5. 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.
6. To the extent money, other than profits, is paid to a parent, subsidiary, or the person affiliated with the Grantee, the amounts of such payments and the basis for computation of such amounts (e.g., the basis for computing any management fees or share of "home office" overhead).
B. Plant survey and system performance report. At the Grantor's request, the Grantee shall submit to the Grantor an annual plant survey and system performance report. The report shall include a description and "as-built" maps of the portions of the franchise area that have been cabled and have all services available, and the results of system performance tests conducted in conformity with all applicable FCC and franchise technical requirements.
C. Copies of Federal and State reports. The Grantee may be required to submit to the Grantor copies of all pleadings, applications, notifications, communications and documents of any kind, submitted by the Grantee to, 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 franchise area. The Grantee shall submit such documents to the Grantor no later than thirty (30) days after receipt of a Grantor request. If any requested report is determined to be confidential by law or by the practices of Federal or State agencies, such confidential data shall be submitted to the City Attorney on a confidential basis, and shall be exempt from public disclosure.
D. Public reports. A copy of each of the Grantee's annual and other periodic public financial reports and those of its parent, as the Grantor requests, shall be submitted to the Grantor within thirty (30) days after receipt for a request.
E. Complaint file and reports. An accurate and comprehensive file shall be kept by the Grantee of any and all complaints regarding the cable system. A procedure shall be established by the Grantee by the time of installation of the cable system to remedy complaints quickly and reasonably to the satisfaction of the Grantor. Complete records of the Grantee's actions in response to all complaints shall be kept. These files and records shall remain open to the public during normal business hours, so that individuals are able to inspect their own files.
1. A summary of service complaints, identifying the number and nature of the complaints and their disposition, upon Grantor request, shall be completed by the tenth day of the succeeding month.
2. A log and summary of all service interruptions.
3. If requested by the Grantor, the results of an annual opinion survey report which identifies satisfaction or dissatisfaction among subscribers with cable communications services offered by the Grantee, and subject to Grantor regulation, shall be submitted to the Grantor no later than two (2) months after the end of the Grantee's fiscal year. The surveys required to make the report shall be in a form that can be transmitted to subscribers with one (1) or more bills for service, such as postage-paid self-addressed post cards. At the Grantor's option, the grantor may prepare the survey form and request its inclusion with a monthly bill to subscribers.
F. Miscellaneous reports. The Grantee shall submit to the Grantor such other information or reports in such forms and at such times as the Grantor may reasonably request or require, at reasonable intervals and for reasons related to the enforcement and administration of this Chapter or the franchise, and to obtain information which has not otherwise been provided the Grantor or which the Grantor has reasonable basis to believe has not been reported fairly and accurately.
G. Inspection of facilities. The Grantee shall allow the Grantor to make inspections of any of the Grantee's facilities and equipment, at reasonable intervals and for reasons related to the enforcement and administration of this Chapter or the franchise, and to obtain information which has not otherwise been provided the Grantor or which the Grantor has reasonable basis to believe has not been reported fairly and accurately upon at least ten (10) days notice, or, in case of emergency, upon demand without prior notice, to allow the Grantor to verify the accuracy of any submitted report.
H. Public inspection. All reports subject to public disclosure, shall be available for public inspection at a designated Grantor office during normal business hours.
I. Failure to report. The willful refusal, failure, or neglect of the Grantee to file any material reports reasonably required, or such other reports as the Grantor reasonably may request, may be deemed a material breach of the franchise, and may subject the Grantee to all remedies, legal or equitable, which are available to the Grantor under the franchise or otherwise.
J. False statements. Any materially false or misleading statement or representation made knowingly and willfully by the Grantee in any report required under the franchise may be deemed a material breach of the franchise and may subject the Grantee to all remedies, legal or equitable, which are available to the Grantor under the franchise or otherwise.
K. Cost of reports. One (1) copy of all reports and records required under this or any other Section shall be furnished at the sole expense of the Grantee.
('65 Code, § 35B-13) (Ord. No. 87-021 § 1; Ord. No. 2001-009 § 1)