(A) No later than June 30 of each year, and, for items that are to be submitted upon request of the city, no later than 30 days following such request, a franchisee shall provide the city an annual report concerning the previous calendar year that includes, at a minimum, the following information:
(1) A summary, including all reasonably available information, of the previous calendar (January 1 through December 31) year's activities in development of the state of the art of cable systems and activities in development of the system serving the city, including, but not limited to, services and products initiated or discontinued, new technologies, number of subscribers for each tier or type of service (including gains and losses), homes passed, and miles of cable distribution plant in service. The summary shall also include a comparison of any construction, including system upgrades, during the year with any projections previously provided to the city, as well as rate adjustments . It is the obligation of the franchisee to include within this report any and all information necessary to evaluate the franchisee's system as compared to the state of the art, as defined in § 112.03;
(2) A financial statement of the previous calendar year, including a statement of income and sources of revenues. The statement shall be audited if the franchisee has audited statements performed in its normal course of business. If not, the franchisee's chief financial officer or other duly authorized financial officer shall certify the statement. The statement shall include notes that specify all significant accounting policies and practices upon which it is based. Upon request, a franchisee shall provide a summary comparing the current year with previous years of the franchise;
(3) Upon request, a summary of subscriber or resident complaints, identifying the number and nature of complaints and their disposition. Where complaints involve recurrent problems, the nature of each problem and the corrective measures taken shall be identified. More detailed information concerning complaints shall be submitted upon request of the city;
(4) Upon request, a summary of customer satisfaction with respect to the products, services, and channel capacity provided by the cable system or OVS, including customer service;
(5) Upon request, the number and duration of outages, number of planned outages, and number of outages during prime viewing hours (8:00 p.m. to 11:00 p.m. daily);
(6) Upon request, if the franchisee is a corporation, a list of officers and members of the board of directors and the officers and members of the board of directors of any parent corporation;
(7) Upon request, if the franchisee is a partnership, a list of the partners, including any limited partners, and their addresses; and where the general partner or its parent corporation's ownership interests are publicly traded, a copy of its most recent annual report;
(8) Upon request, a list of all persons who at the time of filing control or hold 5% or more ownership or otherwise cognizable interest in the franchisee pursuant to 47 CFR 76.501;
(9) A copy of the franchisee's rules and regulations applicable to subscribers of the cable system or OVS;
(10) Upon request, a report on the number of senior citizens, economically disadvantaged, or handicapped subscribers receiving any rate discounts, the number of multiple dwelling buildings and property owners' associations and units therein receiving any discount and the amount of any such discounts for specific services if the franchisee offers separate rates or discounts for those categories of subscribers;
(11) A full schedule and description of services, office and telephone hours, and location of the franchisee's customer service offices available to subscribers, and a schedule of all rates, fees, and charges for all services; and
(12) A report on the number of total subscribers served by the franchisee in the city, with a breakdown by the types of services received by the subscribers.
(B) A franchisee shall provide, on an annual basis, the following documents to the city as received or filed, without regard to whether the documents are filed by the franchisee or an affiliate:
(1) Annual report of the franchisee or any affiliate of the franchisee that controls the franchisee and issues an annual report;
(2) Upon the city's request, copyright filings reflecting the operation of the system;
(3) Upon the city's request, FCC Forms 325 and 395A for the system, or their successor forms;
(4) Any and all pleadings, petitions, applications, communications, reports, and documents (collectively referred to as "filings") submitted by or on behalf of the franchisee to any state or federal agency, court, or regulatory board, which filings may impact the franchisee's operations in the city or that may impact the city's rights or obligations under this subchapter or a franchise agreement and any and all responses, if any, to the above mentioned filings;
(5) Any and all notices of deficiency, forfeiture, or documents instituting any investigation or civil or criminal proceeding issued by any state or federal agency regarding the franchisee, or any affiliate of the franchisee, provided, however, that any such notice or documents relating to an affiliate of the franchisee need be provided only to the extent the same may directly or indirectly affect the franchisee's operations in the city. For example, a notice that an affiliate, which has a management contract for the system in the city, was not in compliance with FCC EEO requirements would be deemed to affect operations in the city;
(6) Any request for protection under bankruptcy laws, or any judgment related to a declaration of bankruptcy; and
(7) Notwithstanding anything to the contrary, a franchisee shall provide the city, within 30 days of filing or receipt of such, any document that may adversely impact the construction, operation, or maintenance of the franchisee's cable system or OVS.
(C) A franchisee shall make a complete set of books and records available for inspection and audit by the city within the county, for purposes of ascertaining compliance with requirements of this subchapter and the franchise agreement. Such inspection and audit shall be upon reasonable notice and during normal business hours.
(D) Franchisees shall at all times maintain records that the city may obtain upon request to demonstrate compliance with the customer service standards contained in this subchapter.
(E) Upon written request by the franchisee, any materials submitted to the city that a franchisee deems proprietary and confidential shall not be made publicly available to the extent permitted by applicable law, including, but not limited to, the state public records law. The city may inspect such proprietary materials, but not copy or remove such materials, to the extent permitted by law.
(Ord. 1406, passed 5-15-02)