1-12-8: OPERATION AND REPORTING PROVISIONS:
   A.   Open Books And Records: The city shall have the right to inspect, upon twenty four (24) hours' written notice, at any time during normal business hours at the operator's local office all books, records, maps, plans, financial statements, service complaint logs, performance test results, record of requests for service and other like materials of the operator maintained locally which are reasonably necessary to monitor compliance with the terms of this Chapter.
   B.   Communications With Regulatory Agencies: Copies of all petitions, applications, communications and reports submitted by the operator or on behalf of or relating to the operator to the FCC or any other Federal or State regulatory commission or agency having jurisdiction with respect to any matters affecting the system authorized pursuant to this Chapter shall also, upon request, be provided to the City. Copies of responses from the regulatory agencies to the operator shall, upon request, likewise be provided to the City within fifteen (15) days of receipt of the response.
   C.   Annual Report: On or before April 1 of each year, the operator shall, upon request, file with the City a copy of any of the following reports regarding the system:
      1.   A description of the basic service then being offered at the end of the fiscal year together with a description of any changes made in the basic service during the reported year.
      2.   A compilation setting forth the results of any subscriber survey.
      3.   A current copy of the subscriber service information required in accordance with subsection 1-12-9H of this Chapter.
      4.   A current list of names and addresses of each principal. For the purposes of this requirement the term "principal" means any person, firm, corporation, partnership or joint venture, or other entity who or which owns or controls five percent (5%) or more of the voting stock (or any equivalent interest of a partnership or joint venture of the operator).
      5.   A compilation summarizing the complaints received during the reported year, by category, and a discussion of any unresolved complaints.
      6.   A description of how pay-per-view programming is made available.
      7.   Reasons why certain areas within the City are not served and plans to extend cable service to these areas.
   D.   Additional Reports: The operator shall prepare and furnish to the City, at the times and in the form prescribed, such additional reports with respect to its operation, affairs, transactions or property, which are reasonably necessary for the administration and enforcement of this Chapter.
   E.   Maps: The operator shall provide City, upon request, a current map or set of maps drawn to scale showing: the system and all equipment installed or in place in streets and other public places, the areas where the operator's cable system is now available to subscribers, and the areas where the system is not available.
   F.   Audit: The City and its agents and representatives shall have the authority, during normal business hours, to arrange for and conduct an audit of the books and records of the operator and its equipment. The operator shall first be given seven (7) days' advance written notice of the audit request, a description of and purpose for the audit and description, to the best of the City's ability, of the books, records, documents and equipment it wishes to inspect. The operator shall have the right to make its applicable books and records available at its headquarters, to the extent necessary, but shall be solely responsible for all costs and expenses necessary for a City representative to travel to said headquarters for the conduct of an audit.
   G.   Periodic Evaluation And Renegotiation Sessions: The City recognizes that the field of cable communications is a relatively new and rapidly changing industry which may undergo many regulatory, technical, financial, marketing and legal changes over the next decade. Therefore, in order to provide for a maximum degree of flexibility in this Chapter, and to help achieve a continued advanced and modern system, the following evaluation provisions will apply:
      1.   The City may require, at its sole discretion, evaluation sessions at any time during the term of this Chapter; provided, however, there shall not be more than one evaluation session during any twelve (12) month period.
      2.   Topics which may be discussed at any evaluation and session include, but are not limited to, rates, channel capacity, system performance, programming, access, Municipal uses of cable, subscriber complaints, judicial rulings, FCC rulings, franchise fee adjustment in light of competition utilizing right of way at a lesser fee and any other topics the City or the operator deem relevant.
      3.   During an evaluation session, the operator shall fully cooperate with the City and shall provide without cost such information and documents as the City may reasonably request to perform the evaluation.
      4.   If at any time during its evaluation, the City determines that reasonable evidence exists of inadequate system performance, the City may require the operator to perform tests and analyses is directed toward such suspected inadequacies at the operator's expense. The operator shall fully cooperate with the City in performing such testing and any report prepared by the operator shall include at least:
         a.   A description of the problem which precipitated the special tests.
         b.   The system component tested.
         c.   The equipment used and procedures employed in testing.
         d.   The method, if any, by which the problem was resolved.
         e.   Any other information pertinent to said tests and analyses is which may be required by the City, or determined when the test is performed.
      5.   If after receiving the operator's report the City determines that reasonable evidence still exists of inadequate system performance, the City may enlist an independent engineer, to perform tests and analyses is directed toward such suspected inadequacies. If the engineer determines that system is performing inadequately, the operator shall bear all costs and expenses associated with the services of the engineer. If the engineer determines that the system is performing adequately, the City shall bear all costs and expenses associated with the services of the engineer.
      6.   As a result of an evaluation and renegotiation session, the City and the operator may determine that changes in the terms and provision of a franchisee may be required, that the system, ordinance requirements, or franchise should be updated, changed, revised, or that additional services should be provided. If the changes are consistent with the terms of this Chapter and the needs of the City and implementation of such changes would not unreasonably add to the cost of providing cable service, the operator and the City will, in good faith, negotiate the terms of any changes to which the parties agree. (Ord. 99-2, 4-5-1999, eff. 4-19-1999)