Loading...
The franchisee shall keep complete and accurate books of accounts and records of its business under and in connection with its franchise. All the books and records shall be maintained at the franchisee’s business office. The town shall have access to all the books and records at any time during reasonable business hours and may examine officers and employees informally or under oath in respect thereto. Access shall also be given to the county, on request, to all supplementary or underlying financial and engineering records and reports.
(Prior Code, § 4.1-24) (Ord. passed 9-19-1979)
The franchisee shall diligently apply for all necessary permits, agreements, authorizations and contracts required in the conduct of its business and shall diligently pursue the acquisition thereof, including necessary pole attachment contracts, necessary authorizations from the Federal Aviation Administration to construct the receiving antenna towers as may be required and any necessary authorization or waivers from the FCC and when the permit is obtained, a copy thereof shall be promptly filed by the franchisee with the Town Administrator/Town Clerk. The franchisee shall apply for the FCC certificate of convenience and necessity within 120 days from the date of the execution of the franchise agreement.
(Prior Code, § 4.1-25) (Ord. passed 9-19-1979)
Copies of all communications, including petitions, applications, pleadings and reports, as well as official correspondence, sent to or received from the Federal Communications Commission, Securities and Exchange Commission or any other federal or state regulatory commission or agency having jurisdiction in respect to any matters affecting CATV operations authorized pursuant to this franchise shall also be submitted simultaneously to the County Manager.
(Prior Code, § 4.1-26) (Ord. passed 9-19-1979)
(A) A franchisee shall prepare and furnish to the town, at the times and in the form prescribed by the Town Administrator/Town Clerk or Board of Alderpersons, the reports with respect to its operation, affairs, transactions or property as may be reasonably necessary or appropriate to the performance of any of the functions of the town in connection with this chapter.
(Prior Code, § 4.1-27)
(B) The following reports must be filed with the Town Administrator/Town Clerk when the specified event occurs:
(1) Any instrument of change in or transfer of an interest in the franchisee or its assets or franchise;
(2) Any change in or addition to the directors or officers of the franchisee;
(3) Any contract or transaction with an affiliated company, respecting the cable system, together with full particulars and a copy of any written agreement or a written summary of any verbal agreement; and
(4) Any changes in the franchisee’s rules and regulations governing the conduct of its business.
(Prior Code, § 4.1-28)
(C) The franchisee shall file with the Town Administrator/Town Clerk on a quarterly basis:
(1) Construction progress reports until the system is complete;
(2) Quarterly financial reports as required in § 110.061; and
(3) Complete, unaudited financial statements, including operating statements, source and application of funds and balance sheets for the quarterly accounting period then ended, within 30 days of the end of each period.
(Prior Code, § 4.1-29)
(D) The following reports shall be filed by the franchisee with the Town Administrator/Town Clerk annually, no later than February 1, except where otherwise provided:
(1) A summary of complaints received during the preceding calendar year, showing the nature of each complaint, area of the town, disposition and complaints subsequent to disposition;
(2) A total facilities report together with a current system map, showing the location and total miles of plant and equipment installed and/or operating at the close of the preceding calendar year;
(3) A map of the system;
(4) One copy of each type of agreement currently offered to subscribers and to users;
(5) A complete set of current rules and regulations of the operator, incorporating the latest amendments filed with the Town Administrator/Town Clerk;
(6) A complete financial audit statement, including a statement of income, to be certified by a public accountant, to be submitted no later than August 15 for the preceding fiscal year ending June 30; and
(7) Reports on other topics as the Board of Alderpersons may direct.
(Prior Code, § 4.1-30) (Ord. passed 9-19-1979)
RATES AND CHARGES
The charges made to subscribers for services by the franchisee under this chapter shall be fair and reasonable and no higher than necessary to meet all costs of the service, assuming efficient and economical management and provide a fair return on the original cost, less depreciation, of the properties devoted to the service, without regard to any subsequent sale or transfer of cost of the properties. The franchisee shall receive no consideration whatsoever from its subscribers for or in connection with its service to its subscribers other than in accordance with this section, without approval of the Board of Alderpersons. The franchisee shall not charge rates in excess of the rate schedule appearing in the franchise agreement.
(Prior Code, § 4.1-32) (Ord. passed 9-19-1979)
Initial rates and charges shall be those rates in force in the unincorporated areas of the county at the time of adoption of this chapter, as those rates and charges shall have been fixed by the County Board of Commissioners. Thereafter, the franchisee may request rate adjustments at any time by petition to the County Board of Commissioners; provided, that the subscriber rates and charges in the town shall be the same as those rates and charges in the unincorporated areas of the county. In no event shall rates be changed without approval of the County Board of Commissioners; except, that nothing in this provision shall prohibit the reduction or waiving of charges in conjunction with promotional campaigns for the purpose of attracting subscribers.
(Prior Code, § 4.1-33) (Ord. passed 9-19-1979)
Loading...