The grantee shall file with the county, unless otherwise waived:
(A) Regulatory communications. All reports required by the Federal Communications Commission (FCC), including but not limited to annual proof of performance tests and results, and Equal Employment Opportunity (EEO) reports, and all petitions, applications, and communications of all types submitted by grantee to the FCC, the Security and Exchange Commission (SEC), or any other federal or state regulatory commission or agency having jurisdiction over any matter affecting operation of grantee's system shall be submitted simultaneously to the county by delivery to the Clerk to the Board of Commissioners who shall advise interested county departments of such filing.
(B) Facilities report. An annual report seeing forth the physical miles of plant construction and plant in operation during the fiscal year shall be submitted to the county. Such report shall also contain any revisions to the system “as-built” maps filed with the county.
(C) Construction reports. Construction reports shall be sent to the county 30 days after the franchise is awarded and monthly thereafter until construction is completed as specified in §§ 110.096(A) and (B) of this chapter.
(D) Proof of performance tests. Proof of performance test results shall be supplied to the county when sections of the system are rebuilt and annually as required in § 110.097 of this chapter.
(E) Test required by county. Tests required by county as specified in § 110.097 of this chapter shall be submitted within 14 days of notification.
(F) Change in service. A report on any change in programming or service shall be provided to the county 30 days prior to implementation.
(G) Grantee rules. The grantee's schedule of charges, contract or application forms of regular subscriber service policy regarding the processing of subscriber complaints, delinquent subscriber disconnect and reconnect procedures, and any other terms and conditions adopted as the grantee's policy in connection with its subscribers shall be filed with the county and conspicuously posted in the grantee's local office. All such terms and conditions, including schedule of charges, must have been filed with the county prior, in accordance with the provisions of this chapter, to their becoming effective. Such rules, regulations, terms, and conditions shall not be in conflict with the provisions hereof or applicable state and federal laws, rules, or regulations.
(H) Proof of bonds and insurance. Grantee shall submit to the county the required performance bond, or a certified copy thereof, and written evidence of payment of required premium, and all policies of insurance required by this chapter, or certified copies thereof, and written notice of payment of required premium under the terms and conditions described in §§ 110.070 through 110.072 of this chapter.
(I) Financial and ownership reports. The following financial reports for the franchise area shall be submitted annually to the county:
(1) An ownership report, indicating all persons, who at any time during the preceding year did control or benefit from an interest in the franchise 5% or more.
(2) A fully-audited statement of gross annual revenues verifying all revenues from the county franchise as certified by a Certified Public Accountant. Upon request by the county, no more than four times during the term of the franchise, the grantee shall provide: an annual, fully-audited and certified financial report from the previous calendar year, (including year-end balance sheet, income statement, and statement of sources and applications of funds).
(3) A current annual statement of all capital expenditures including the cost of construction and of equipment.
(4) An annual list of officers and members of the Board of grantee and of any parent corporation.
(J) Operational reports. The following system and operational reports shall be submitted annually to the county:
(1) A report on the system's technical tests and measurements as set forth herein and in the franchise.
(2) A report on programs and services offered by grantee, including public, educational, government, and leased access.
(3) An annual summary of the previous year's activities, including but not limited to subscriber totals for each category of service offered including number of pay units sold, new services offered, and the amount collected annually from other users of the system, and the character and extent of the service rendered thereto.
(4) An annual summary of complaints received and handled in addition to any reports required in the franchise.
(5) An annual projection of system and service plans for the future.
(K) Additional reports. The grantee shall prepare and furnish to the county at the times and in the form prescribed such additional reports with respect to its operation, affairs, transactions, or property as may be reasonably necessary and appropriate to the performance of any of the rights, functions, or duties of the county in connection with this chapter or the franchise.
(Ord. passed 12-2-96)