(a) Annual financial reports required. During the term of a franchise, the grantee shall file annually with the City Secretary not later than 120 days after the end of its fiscal year and, if the franchise is terminated or expires prior to the end of a grantee's fiscal year, 120 days after such termination or expiration, two copies of:
(1) an audited financial statement applicable to the cable system serving the city, including a detailed income and expense statement applicable to its operation during the preceding 12-month period, a balance sheet and a statement of its properties devoted to the cable system operation, by categories, giving its investment in such properties on the basis of original cost, less applicable depreciation;
(2) an operational report that summarizes the quarterly report information required in Section 95-13(b) below; and
(3) the gross revenue from each revenue source attributable to the operations of grantee from within the city.
These reports shall be certified as being correct by a responsible officer of the grantee and there shall be submitted along with them such other reasonable information as the city shall request.
(b) Quarterly reports on system performance required. A grantee shall submit to the city, on a quarterly basis, within 30 days following March 31, June 30, September 30, and December 31 of each year, throughout the term of an agreement, a reasonable, statistical summary of the operations of the system to include, but not be limited to, the number of dwelling units passed; the number of basic service subscribers; penetration percentages for basic and expanded basic service; the number of repair service requests received in the previous quarter; breakdown by type of complaint received (ex. "complete outage"or "snowy picture" etc); breakdown by cause of problem (ex. "subscriber equipment" or "drop/converter" or "system" etc.); breakdown by time of response or resolution (ex. "within 24 hours" or "same day" etc.); subscribers added, each tier and each premium channel; subscribers disconnected, each tier and for each premium channel; average hold time for subscriber service telephone calls that were received in the previous quarter; percentage of telephone calls that were answered within 30 seconds during the previous quarter; and percentage of calls received within the previous quarter which were abandoned before being answered by a live operator. With the exception of the circumstance of a new build or rebuild, which shall require quarterly reporting, the number of cable plant miles in construction or completed through December 31 shall be provided annually no later than March 31 throughout the term of the agreement.
(c) Grantee shall annually file prior to March 31 current maps showing the system. The grantee shall file with the City Manager or his/or her designee on or before the last day in March of each year, up-dated current maps or sets of maps drawn to scale, showing the cable system as installed and in place in streets, public rights-of-way and other public places of the city.
(d) Ownership reports required. During the term of a franchise, the grantee shall file with the city not later than three months after the approval or renewal of any franchise, and within 30 days of any change in the original information thereafter, two copies of the following supplemental information:
(1) if grantee is a nonprofit corporation, a list of all current directors or trustees of record. If a public corporation, a list of all shareholders who individually or as a concerted group hold ten percent or more of the voting stock of the corporation;
(2) a current list of all the grantee's officers and directors including addresses and telephone numbers;
(3) the names and both business and residential addresses and phone numbers of the cable television system resident manager and engineer shall be made available to the City Manager or his or her designee; and
(4) if the grantee is a subsidiary of a firm, a report showing all corporations or partnerships with more than a ten ownership interest in the franchisee, and the nature of that ownership interest (limited partner, general partner, preferred shareholder, etc.); 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, and an annual report for each such entity.
(e) Public availability of reports. Such reports as required under this article shall be available to the public in the office of the City Secretary, during normal business hours.
(f) Correspondence. The grantee shall simultaneously file with the city a copy of each petition, application, report and communication pertaining to the operations of the cable television system that are transmitted by the grantee to, or received by the grantee from, any federal, state or other regulatory commissions, agencies or courts regarding the local cable system.
(g) City's access to records. The city shall have access during all normal business hours to all grantee's records required to be maintained by this Charter or any franchise agreement.
(Ord. No. 2801, § 3, 2-25-99)