A cable operator shall keep complete and accurate records concerning the business and operations of the cable system. In addition:
(A) The city by its authorized representatives shall have the right, on reasonable advance written notice, to review all records pertaining to a cable operator's cable operations with respect to the city as are reasonably necessary to determine a cable operator's compliance with the franchise. Such notice shall specifically reference the section(s) of the franchise or the cable ordinance for which the review is requested. The cable operator agrees that it will furnish the information requested electronically, or make it available for the city's review, to the city within 30 days of the request.
(B) Non-revenue financial records will only be requested in the aggregate on a summary prepared by the cable operator.
(C) The city acknowledges the sensitivity of a cable operator's records, and will request this information only on as needed basis, and will treat this information as confidential and proprietary to the fullest extent allowed by law. The cable operator shall not be required to produce any records in violation of the Cable Act or any other applicable law. Until otherwise ordered by a court or agency of competent jurisdiction, the city agrees that, to the extent permitted by state and federal law, it shall deny access to any of a cable operator's records marked confidential to any person.
(D) The city shall have the right to hire, at its own expense, an independent certified public accountant, or other business or financial expert, to review the records of a cable operator pertaining to revenue information.
(E) If after a review or audit of a cable operator's records, it is discovered that the cable operator has underpaid the city by an amount that exceeds the greater of (i) $2,500, or (ii) 3% of the total amount paid for any reporting quarter, then the city may require the cable operator to reimburse the city for the actual cost of the audit, in addition to the amount of underpayment; provided, however, no such reimbursement shall be required if the reason for the underpayment is due to the annexation of additional areas into the city, for which notification of the annexation was not provided to a cable operator.
(F) A cable operator shall not be required to maintain any records for franchise compliance purposes longer than 4 years, except for written service complaints, which shall be kept for 1 year.
(G) A cable operator shall maintain a full and complete set of plans, records and strand maps showing the location of the cable system.
(Ord. 4016, § 1, 12-17-2019)