(A) Communication with regulatory agencies. If requested by the city, a franchisee shall file with the city all reports required by the FCC including, without limitation, any proof of performance tests and results, Equal Employment Opportunity (“EEO”) reports and all petitions, applications and communications of all types directly related to the cable system, or a group of cable systems of which the franchisee’s cable system is a part, submitted or received by the franchisee, an affiliate or any other person on the behalf of the franchisee, either to or from the FCC, the Securities and Exchange Commission or any other federal or state regulatory commission or agency having jurisdiction over any matter affecting the operation of the franchisee’s cable system; provided that, nothing herein requires the franchisee to produce regulatory or court filings that are treated by the agency or court as confidential, such as Hart-Scott-Rodino Act filings. Nothing in this division affects any rights the city may have to obtain books and records under this chapter.
(B) Reports.
(1) If the city should request it, a franchisee shall submit a report to the city containing the following information:
(a) The number of service calls (calls requiring a truck roll) received by type during the prior quarter, and the percentage of service calls compared to the subscriber base by type of complaint; and
(b) The number and type of outages known by the franchisee for the prior quarter, identifying separately the following:
1. Each planned outage, the time it occurred, its duration and the estimated area and number of subscribers affected;
2. Each known unplanned outage, the time it occurred, its estimated duration and the estimated area and number of subscribers affected and, if known, the cause; and
3. The total estimated hours of known outages as a percentage of total hours of cable system operation. An outage is a loss of sound or video on any signal or a significant deterioration of any signal affecting two or more subscribers.
(2) If the city should request it, a franchisee shall submit a written report that shall contain such information as may be required from time to time by the city, and at least the following, unless the city waives the requirement:
(a) A summary of the previous year’s activities in the development of the cable system, including descriptions of services begun or discontinued, and the number of subscribers gained or lost for each category of cable service;
(b) A summary of complaints for which records are required under division (C)(1) above, identifying both the number and nature of the complaints received and an explanation of their dispositions;
(c) A fully audited or certified revenue report from the previous calendar year for the cable system;
(d) An ownership report, indicating all persons who at the time of filing control or own an interest in the franchisee of 10% or more;
(e) A list of officers and members of the Board of Directors of the franchisee and any affiliates directly involved in the operation or the maintenance of the cable system;
(f) An organizational chart showing all corporations or partnerships with more than a 10% ownership interest in the franchisee, and the nature of that ownership interest (limited partner, general partner, preferred shareholder and the like); and showing the same information for each corporation or partnership that holds such an interest in the corporations or partnerships so identified, and so on, until the ultimate corporate and partnership interests are identified;
(g) An annual report for each entity identified in division (B)(2)(f) above which issues an annual report. With respect to a franchisee, an annual report shall include the book value assessment of the franchisee’s equipment and plant used in providing service to subscribers in the city;
(h) A complete report on its plant. This plant report shall state the physical miles of plant construction and plant in operation during the prior calendar year (categorized as aerial and under-ground); identify any cases where subscribers contributed to plant extension; provide revisions to the cable system maps filed with the city; and report the results of appropriate electronic measurements to show conformity with FCC technical standards;
(i) A report showing, for each cable customer service standard in force, the franchisee’s performance with respect to that standard for each quarter of the preceding year. In each case where a franchisee concludes it did not comply fully, the franchisee will describe the corrective actions it is taking to assure future compliance; and
(j) Notwithstanding the above, once the information required by divisions (B)(2)(e) through (g) above has been filed once, it need only be refiled if it changes.
(3) Not later than 90 days after the end of its fiscal year, a licensee shall provide a complete report on the state of its plant which contains the information required by division (B)(2)(h) above, except that it need not provide information regarding its operations outside the city.
(C) Records required. A franchisee shall at all times maintain:
(1) Records of all complaints received with information sufficient to allow the franchisee to prepare the reports required in this section. The term COMPLAINTS, as used herein and throughout this chapter, refers to complaints about any aspect of the cable system or a franchisee’s operations, including, without limitation, complaints requiring service calls and complaints about employee courtesy, billing, prices, programming, outages and signal quality; provided that, records of billing complaints that are resolved to the subscriber’s satisfaction on the first call need not be maintained;
(2) Records of outages known to the franchisee, with information sufficient to allow a franchisee to prepare the reports required in this section;
(3) Records of service calls for repairs and maintenance indicating the date and time service was requested, the date of acknowledgment and date and time (or two-hour time block) service was scheduled (if it was scheduled), and the date and time (or two-hour time block) service was provided, and (if different) the date and time the problem was solved; and
(4) Records of installation/reconnection and requests for service extension, indicating the date of request, the date of acknowledgment, and the date and time service was extended.
(Ord. 26-97, passed 9-23-1997)