(A) The operator shall keep complete and accurate books of accounts, and records of the business and operations under, and in connection with the system.
(B) The city shall have the right to review at the operator's primary administrative office, all records, pertaining to the city's regulation of the operator's cable operations in the city, on seven days written notice. Such review, unless mutually agreed upon, or judicially ordered, should occur within the operator's regular office hours.
(C) The city shall have the right to hire, at its own expense, an independent certified public accountant, or other business or financial expert, to review the books and records of the operator. If, after a financial audit, it is determined that the operator has underpaid amounts owed to the city (in excess of 5%), then the city may require the operator to reimburse the city for the actual cost of the audit. Provided, however, absent fraud, all audits shall be binding on the city.
(D) The operator, at the local office, shall keep complete and accurate books and records of the key aspects of the system's operation in the city for at least the preceding three years in such a manner that all matters pertaining to the city can be easily produced and/or verified at the city's request. Also, the operator shall make available, on seven days advance written notice, those records that pertain to its operation of the system that may be required by any other federal or state agency having jurisdiction over cable operators. Provided, however, that with respect to the obligation to maintain financial records, the operator shall only be required to maintain the financial records required by federal law.
(E) Communications with regulatory agencies. A listing of all petitions, applications, communications, reports and all other documents submitted by the franchisee to the FCC or any other federal or state regulatory commission or agency shall be filed with the city annually and all such documents shall be available for inspection at franchisee's office.
(F) Annual report. No later than 90 days after the close of the franchisee's fiscal year, the franchisee shall submit a written report to the city that contains information as determined by the city including a summary of complaints and any special reports required by the city.
(G) All filings and reports required of the franchisee or any applicants by this chapter or any franchise agreement shall be made to the city.
(Ord. O-19-08, passed 11-11-08)