A. Annual Reports. Within 120 days after the close of a Grantee’s fiscal year, the Grantee may be required to submit a written annual report, in a form requested by the County, including, but not limited to, the following information:
1. A summary of the previous year’s activities in development of the Cable System, including, but not limited to, services begun or discontinued during the reporting year, and the number of Subscribers for each class of service.
2. A revenue statement, audited by an independent Certified Public Accountant;
3. A statement of projected construction, if any, for the next two years;
4. A list of the Grantee’s officers, members of its board of directors, and other principals of Grantee;
5. A list of stockholders or other equity investors holding five percent or more of the voting interest in the Grantee and its parent, subsidiary and affiliated corporations and other entities, if any.
6. A Subscriber service report.
B. Other Reports and Inspections. In addition to other reports or inspections provided by this Ordinance or the Franchise Agreement, if any, a Grantee shall provide the following reports to or permit the following inspections by the County:
1. Copies of Federal and State Reports. The Grantee shall submit to the County copies of all pleadings, applications, notifications, communications and documents of any kind, submitted by the Grantee to, as well as copies of all decisions, correspondence and actions by any federal, state and local courts, regulatory agencies and. other government bodies relating to its cable television operations within the Service Area.
2. Public Reports. A copy of each of the Grantee’s annual and other periodic public financial reports and those of its parent, subsidiary and affiliated corporation and other entities.
3. Miscellaneous Reports. The Grantee shall submit to the County such other information or reports in such forms and at such times as the County may reasonably request or require. The Grantee shall provide to the County the FCC annual cumulative signal leakage report (currently FCC Form 320, or subsequent report with comparable information), the twice yearly FCC signal quality proof of performance reports and copies of any technical reports which Grantee files with the FCC upon request of the County.
4. Inspection of Facilities. The Grantee shall allow the County to make inspections of any of the Grantee’s facilities and equipment at any time upon at least 10 days notice, or in case of emergency, upon demand without prior written notice.
5. Public Inspection. All reports subject to public disclosure shall be available for public inspection at a designated Grantee office during Normal Business Hours.
6. Failure to File Reports. The willful refusal, failure or neglect of the Grantee to file any of the reports required under this Ordinance or the Franchise Agreement, if any, to administer this Ordinance or the Franchise Agreement, if any, or such other reports as the County reasonably may request, may be deemed a violation of this Ordinance or a breach of the Franchise Agreement, if any, and may subject the Grantee to all remedies, legal or equitable, which are available to the County under the Ordinance and/or Franchise Agreement, if any.
7. False Statements. Any materially false or misleading statement or representation made knowingly and willfully by the Grantee in any report required under this Ordinance may be deemed a violation of this Ordinance and may subject the Grantee to all penalties, remedies, legal or equitable, which are available to the County under this Ordinance or otherwise.
8. Cost of Reports. One copy of all reports and records required under this or any other section herein shall be furnished at the sole expense of the Grantee at the request of the County.
C. System Survey Reports. At the County’s request, the Grantee shall submit to the County an annual system survey report which shall be a survey of the Grantee’s plans and a report thereon. Said report shall include, but not be limited to, a description and as-built maps of the portions of the Service Area that have been cabled and have all services available, an appropriate engineering test report or evaluation including suitable electronic measurements conducted in conformity with such requirements. Said report shall be in sufficient detail to enable the County to ascertain that the service requirements and technical standards of this Ordinance are achieved and maintained.
D. The Grantee shall provide the County, within thirty (30) days of the acceptance of the Franchise, and thereafter upon request of the County, with organizational charts. One of these charts shall state the name and job title (beginning with the local system manager and proceeding to regional and corporate levels) of all persons who will have direct or indirect responsibility for the management of the technical, billing, customer service, or government relations aspect of the Grantee’s Cable System in the County. The second chart shall identify how the Grantee is owned, setting forth its parent company(ies), its parent’s parent and so on. Failure to provide updates of the organizational charts as requested by the County shall be deemed a violation of this Ordinance.
E. Books and Records. The County may review such of Grantee’s books and records, during Normal Business Hours and on a non-disruptive basis, as are reasonably necessary to monitor compliance with the terms hereof. Such records shall include, but shall not be limited to, records required to be kept by the Grantee pursuant to the rules and regulations of the FCC, and financial information underlying the written report accompanying the Franchise Fee. Notwithstanding anything to the contrary set forth herein, the Grantee is not required to disclose personally identifiable Subscriber information without the Subscriber’s consent in violation of § 631 of the Cable Communications Policy Act of 1984, as amended, 47 U.S.C. § 551, regarding the protection of Subscriber privacy. To the extent permitted by law, the County agrees to treat on a confidential basis any information disclosed by the Grantee to it under this Section.
F. As-builts and Location of Facilities. The Grantee shall keep accurate, complete and current maps and records of the Cable System and its facilities and shall provide copies to the County as set forth below. Such maps and record shall be available for inspection by the public at the offices of the County.
1. The Grantee shall furnish two complete sets of as-built maps and records to the County which shows the location of Grantee’s facilities, and Grantee shall provide the County with copies of any new or revised as-built or comparable drawings as and if they are generated for portions of the Grantee’s facilities located within the County (and in no event later than 90 days after construction and activation o f any portion of the Cable System). Upon request by the County in an emergency, the Grantee, as soon as possible (but no more than one business day from the request) shall inform the County of any changes from such maps and records previously supplied and shall mark up any maps provided by the County so as to show the location of the Cable System.
2. The as-built maps shall include, at a minimum, all system and facility routings, and the location of appurtenant structures, such as nodes, amplifiers, power supplies and system monitor test points, and shall be drawn to a scale and upon such media as required by the County.
3. If the Grantee develops a Geographical Information System (“GIS”) layer, using a program and format which accurately displays its as-builts Cable System, such GIS will be made available to the County. This layer shall be kept current continuously, updated at least quarterly. Such GIS layer, including, but not limited to, all databases, plots and computer discs, shall be provided to the County in a standardized, non-proprietary format usable by the County’s GIS at least quarterly at no cost. In addition, the Grantee shall provide information and assistance on the GIS program it is using and its implementation so as to aid the County in converting the layer into a form easily used by the County.
4. In the event that the as-built records show an installation was not installed per approved plans, located outside of an existing easement or right-of-way, or interferes with an existing County facility, the County may require relocation of the installation which shall be completed by the Grantee within 30 days.
(Ord. O-200203-12-002, passed 3-5-2002)