(a) Annual Financial Reports Required. During the term of a franchise, the grantee shall file annually with the County Administrator 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, including at least that portion serving the County, including a detailed income and expense statement applicable to its operation during the preceding twelve-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; and
(2) An operational report, including the following information, specific to Loudoun County: number of homes passed, number of cable plant miles, number of subscribers for each type of cable service offered, penetration rate, and the gross revenue from each revenue source attributable to the operations of the grantee from within the County.
These reports shall be certified as being correct by a responsible officer of the company and there shall be submitted along with them such other reasonable information as the County Administrator shall request.
(b) Quarterly Reports on System Performance Required. A grantee shall submit to the County, on a quarterly basis, within thirty 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. Such information shall include, but not be limited to, the number of dwelling units passed; the number of basic service subscribers; the number of subscribers for each cable programming service tier; the number of subscribers for each pay television channel and pay- per view channel; penetration rates for basic and cable programming services; the number of cable plant miles in construction or completed; a summary of subscriber complaints by type of complaint, showing compliance data, a summary of system outages and down time, telephone call response time, and delayed and abandoned calls; and a summary of service calls made during the previous quarter.
(c) Grantee Shall Annually File, Prior to March 31, Current Maps Showing Location of Equipment Installed. The grantee shall file with the County's Director of Building and Development, on or before the last day in March of each year, updated as-built current maps or sets of maps drawn to scale, showing all cable system equipment installed and in place in streets, public rights-of-way and other public places of the County.
(d) Report Form of Compliance and Enforcement of Customer Service Standards and Procedures to Address Complaints Received Directly by the County. A report form shall be developed in consultation between the County Administrator/Designee and a grantee that will provide the detail necessary to monitor the grantee's compliance with customer service standards as required in Section 805.10(c)(1). Procedures shall be developed in consultation between the County Administrator/Designee and a grantee regarding the handling of all complaints received directly by the County from County residents regarding cable television service and a grantee shall comply with all procedures so established.
(e) Ownership Reports Required. During the term of a franchise, the grantee shall file with the County not later than three months after the end of each fiscal year subsequent to the fiscal year in which a franchise was accepted two copies of the following supplemental information:
(1) If the grantee is a 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 five 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) Copies of all pertinent agreements or contracts relating to the operation of the cable system entered into by the grantee during the prior fiscal year must be available for viewing by the County upon request, subject to confidentiality requirements in the agreements;
(4) The names and both business and residential addresses and phone numbers of the cable television system resident manager and engineer;
(5) If the grantee is a partnership or a subsidiary of another entity, a report showing all individuals, corporations or partnerships with an ownership interest in the grantee, 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 audited financial report for each such entity, if available.
(f) Public Availability of Reports. Such reports as required under this chapter shall be available to the public in the Office of the County Administrator/Designee during normal business hours.
(g) Correspondence. The grantee shall simultaneously file with the County Administrator/Designee a copy of each petition, application, report and communication pertaining to the operations of the cable television system that is transmitted by the grantee to, or received by the grantee from, any federal, state or other regulatory commissions, agencies or courts that affect the local cable system.
(h) County Administrator/Designee's Access to Records. The County Administrator/Designee shall have access during all normal business hours to all the grantee's records required to be maintained by this chapter or any franchise agreement.
(Ord. 98-05. Passed 4-15-98.)