A. Testing For Compliance: The franchising authority may perform technical tests of the system during reasonable times and in a manner which does not unreasonably interfere with the normal business operations of the grantee of the system in order to determine whether or not the grantee is in compliance with the terms hereof and applicable State or Federal laws. Except in emergency circumstances, such tests may be undertaken only after giving grantee reasonable notice thereof, not to be less than two (2) business days, and providing a representative of the grantee an opportunity to be present during such tests. In the event that such testing demonstrates that the grantee has substantially failed to comply with a material requirement hereof, the reasonable costs of such tests shall be borne by the grantee. In the event that such testing demonstrates that the grantee has substantially complied with such material provisions hereof, the cost of such testing shall be borne by the franchising authority. Except in emergency circumstances, the franchising authority agrees that such testing shall be undertaken no more than once a year, and that the results thereof shall be made available to the grantee.
B. Books And Records: The franchising authority or its certified public accountant upon reasonable notice to the grantee, may review such of its books and records at the grantee's business office, during normal business hours and on a nondisruptive basis, as is reasonably necessary to ensure compliance with the terms hereof. Such records shall include, but shall not be limited to, any public records required to be kept by the grantee pursuant to the rules and regulations of the FCC. Notwithstanding anything to the contrary set forth herein, the grantee shall not be required to disclose information which it reasonably deems to be proprietary or confidential in nature under State and Federal rules of evidence. The franchising authority agrees to treat any information disclosed by the grantee as confidential and only to disclose it to employees, representatives, and agent thereof that have a need to know, or in order to enforce the provisions hereof. The grantee shall not be required to provide subscriber information in violation of section 631 of the Cable Act.
C. Communications With Regulatory Agencies: Copies of all petitions, applications, communications, reports, and all other documents submitted by the grantee to the FCC, or any other Federal or State regulatory commission or agency shall be made available to the City upon written request to the grantee.
D. Complaint Records: The grantee shall maintain detailed logs setting forth and date the substance of each complaint received by phone, mail or other means during the preceding calendar month, if any, the name and address of each complaining party, and the date and nature of action taken by the grantee to respond to such complaints, or, if still pending, the status thereof. Such logs shall be available to the City for review for one year thereafter. Name and address of complaining party shall not be provided unless prior consent is obtained from said party.
E. City Role In Complaints: Unresolved complaints concerning the system or its operation or maintenance shall be directed to the City Manager. The City Manager shall forward the complaint to the grantee or shall take the question up by correspondence with the grantee. Within thirty (30) days the grantee shall resolve the complaint or advise the City of its refusal or inability to do so. When the grantee resolves the complaint, it shall so notify the City. If a complaint has not been resolved, the complainant may petition the City to take any appropriate action authorized by this Chapter.
F. Performance Testing: Grantee shall perform all system tests and maintenance procedures as required by the FCC and this Chapter and in accordance with grantee's standards of good operating practice.
G. Review Sessions:
1. In recognition of the fact that a great many technical, financial, marketing and legal uncertainties are associated with all aspects of cable communications at the present time, it is the intent of the City to provide for a maximum feasible degree of flexibility in this franchise throughout its term to achieve an advanced and modern system for the City. The principal means for accomplishing this flexibility will be the review sessions provided for in this Chapter. It is intended that such review sessions will serve as a means of cooperatively working out solutions to problems that develop. Furthermore, such review sessions shall be two-way processes. For example, if either party has perceived that some major problem has developed, the session shall be devoted primarily to working out solutions acceptable to both parties.
2. The City and the grantee may hold scheduled review sessions no later than April 30, of the calendar year 1997, and every third year thereafter for the duration of the franchise. All such review sessions shall be open to the public and notice thereof shall be published once, not less than four (4) days or more than twenty (20) days before each review session, as provided by law. The published notice shall specify the topics to be discussed. The review sessions may be canceled by mutual agreement of the City and grantee.
3. The following topics may be discussed at every scheduled review session:
a. Recent and developing judicial and Federal communications rulings.
b. Service rate structures.
c. Free and discounted services.
d. Application of new technology or new developments.
e. System performance.
f. System extension policy.
g. Services provided.
h. Programming offered.
i. Customer complaints review.
j. Privacy and human rights amendments to permit insurance coverage.
k. Community development and education.
l. Interconnection.
m. New services.
n. Franchise fees.
4. Other topics, in addition to those listed, may be added by either party. Members of the general public may also request additional topics.
5. The City may utilize the services of a consultant to gain additional information for use during the review sessions, renewal process and/or rate hearings, mediation, and arbitration sessions. The costs of such consultant shall be paid by the City.
H. Annual Report: No later than ninety (90) days after the close of the grantee's fiscal year, the grantee shall submit a detailed written informative report to the City, if requested, including the following information pertaining only to the Knoxville franchise:
1. A summary of the previous year's activities in development of the system, including, but not limited to, services begun or dropped and subscribers gained or lost.
2. A detailed revenue statement, including a breakdown of all revenue sources upon which the City can verify franchise fee accuracy. The list of revenues shall include but not be limited to, a specific breakdown of the following items: basic tier service charges, expanded basic service charges, installation charges, reconnection fees, advertising revenues, premium channel revenues, shopping service revenue, revenue from other sources such as contracted or subleased video, audio and data transmission services, pay per view, and miscellaneous revenue.
3. A summary of complaints, identifying the number and specific nature of complaints and their disposition.
4. A list of key management for the Knoxville, Iowa franchise along with their addresses and job titles.
5. The annual report of the parent company, if a public corporation.
6. A summary of types of communication signals and services provided without charge or provided under a barter arrangement along with their dollar equivalent.
I. Cost Of Reports: One copy of all reports and records required under this or any other Section shall be furnished at the sole expense of the grantee. (Ord. 96-1, 2-5-1996)