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To provide for technological, economic, and regulatory changes in the state of the art of cable communications, to facilitate renewal procedures, to promote the maximum degree of flexibility in the cable system, and to achieve a continuing, advanced modern system, the following system and services review procedures are hereby established:
1.
At Grantor’s sole option, the Grantor may hold a public hearing on or about the third anniversary date of the franchise agreement at which the Grantee shall be present and shall participate, to review the cable communication system and service. Subsequent system and services review hearing may be scheduled by the Grantor each three (3) years thereafter.
2.
Sixty (60) days prior to the scheduled system and service review hearing, Grantee shall submit a report to Grantor indicating the following:
A.
All cable system services reported in cable industry trade journals that are being commonly provided on an operational basis, excluding tests and demonstrations, to communities in the State of Iowa with comparable populations, that are not provided to the Grantor.
B.
Any specific plans for provision of such new services by the Grantee, or a justification indicating why Grantee believes that such services are not feasible for the franchise area.
3.
Topics for discussion and review at the system and services review hearing shall include, but shall not be limited to, services provided, feasibility of providing new services, application of new technologies, system performance, programming, subscriber complaints, user complaints, rights of privacy, amendments to the franchise, undergrounding processes, developments in the law, and regulatory constraints.
4.
Either the Grantor or the Grantee may select additional topics for discussion at any review hearing.
Within one hundred twenty (120) days after the close of Grantee’s fiscal year, the Grantee may be required to submit a written annual report, in a form requested by the Grantor, including, but not limited to, the following information:
1.
A summary of the previous year’s (or, in the case of the initial report year, the initial 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, or certified by an officer of the Grantee;
3.
A statement of projected construction, if any, for the next two (2) years;
4.
A list of Grantee’s officers, members of its council of directors, and other principals of Grantee;
5.
A list of stockholders or other equity investors holding five percent (5%) or more of the voting interest in the Grantee and its parent, subsidiary and affiliated corporations and other entities, if any, unless the parent is a public corporation whose annual reports are publicly available.
At the Grantor’s request, Grantee shall submit to the Grantor 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 franchise 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 Grantor to ascertain that the service requirements and technical standards of the franchise are achieved and maintained.
An accurate and comprehensive file shall be kept by the Grantee of any and all complaints regarding the cable system. A procedure shall be established by the Grantee by the time of installation of the cable system to remedy complaints quickly and reasonably to the satisfaction of the Grantor. Complete records of Grantee’s actions in response to all complaints shall be kept.
1.
A summary of service requests, identifying the number and nature of the requests and their disposition, upon Grantor request, shall be completed for each month and submitted to the Grantor by the tenth (10
th
) day of the succeeding month.
2.
A log and summary of all major service outages.
3.
If requested by the Grantor, the results of an annual opinion survey report which identifies satisfaction or dissatisfaction among subscribers with cable communications services offered by the Grantee, shall be submitted to the Grantor no later than two (2) months after the end of Grantee’s fiscal year. The survey required to make said report shall be in a form that can be transmitted to subscribers with one (1) or more bills for service, such as postage-paid, self-addressed post cards. At the Grantor’s option and expense, the Grantor may prepare the survey form and request its inclusion with a monthly bill to subscribers. The survey shall request only information over which Grantor has lawful jurisdiction.
In addition to other reports or inspections provided by this chapter, Grantee shall provide the following reports to or permit the following inspections by Grantor:
1.
Copies of Federal and State Reports. The Grantee may be required to submit to the Grantor 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 franchise area. Grantee shall submit such documents to the Grantor no later than thirty (30) days after receipt of a Grantor request.
2.
Public Reports. A copy of each of Grantee’s annual and other periodic public financial reports and those of its parent, subsidiary and affiliated corporation and other entities, as the Grantor requests, shall be submitted to the Grantor within thirty (30) days after receipt of a request.
3.
Miscellaneous Reports. Grantee shall submit to the Grantor such other information or reports in such forms and at such times as the Grantor may reasonably request or require.
4.
Inspection of Facilities. The Grantee shall allow the Grantor to make inspections of any of the Grantee’s facilities and equipment at any time upon at least ten (10) days’ notice, or in case of emergency, upon demand without prior notice, to allow Grantor to verify the accuracy of any submitted report.
5.
Public Inspection. All reports subject to public disclosure shall be available for public inspection at a designated Grantor office during normal business hours.
6.
Failure to Report. The willful refusal, failure or neglect of the Grantee to file any of the reports reasonably required, or such other reports as the Grantor reasonably may request, may be deemed a breach of the franchise, and may subject the Grantee to all remedies, legal or equitable, which are available to the Grantor under the franchise or otherwise.
7.
False Statements. Any materially false or misleading statement or representation made knowingly and willfully by the Grantee in any report required under the franchise may be deemed a breach of the franchise and may subject the Grantee to all remedies, legal or equitable, which are available to the Grantor under the franchise or otherwise.
8.
Cost of Reports. One (1) copy of all reports and records required under this or any other section shall be furnished at the sole expense of the Grantee.
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