(A) Not sooner than 90 days after the end of the calendar year, and within 30 days of a grantor request, grantee shall submit a written annual report to grantor, if requested, with respect to the preceding calendar year in a form approved by grantor, including, but not limited to, the following information:
(1) A summary of the previous year's (or in the case of the initial reporting 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;
(2) A list of grantee's officers, members of its board of directors, and other principals of grantee;
(3) A list of stockholders or other equity investors holding five percent or more of the voting interest in grantee;
(4) An indication of any residences in grantee's service area where cable service is not available, and a schedule for providing service;
(5) Information as to the number of homes passed, subscribers, additional outlets, and the number of basic and pay subscribers.
(6) Any other information relevant to franchise regulation which the grantor shall reasonably request, and which is relevant to its regulatory responsibilities.
(B) Upon request, grantee shall submit to grantor copies of all pleadings, applications and reports submitted by grantee to, as well as copies of all decisions, correspondence and actions by, any federal, state or local court, regulatory agency, or other governmental body which are non-routine in nature and which will materially affect its cable system operations within the franchise area. Information otherwise confidential by law and so designated by grantee, which is submitted to grantor, shall be retained in confidence by grantor and its authorized agents, shall be made available only to persons needing access to the materials to perform their responsibilities on behalf of or for the grantor, and shall not be made available for public inspection. Notwithstanding the foregoing, grantee shall have no obligation to provide copies of documents to grantor which contain trade secrets of grantee or which are otherwise of a confidential or proprietary nature to grantee unless it receives satisfactory assurances from grantor that such information can and will be held in strictest confidence by the grantor. To the extent possible, grantee will provide grantor with summaries of any required documents or copies thereof with trade secrets and proprietary matters deleted therefrom. The burden of proof shall be on grantee to establish the confidential nature of any information submitted, to the reasonable satisfaction of the grantor.
(C) If grantee is publicly held, upon grantor request, a copy of each grantee's annual and other periodic reports and those of its parent, shall be submitted to grantor within 45 days of its issuance.
(D) Upon grantor's request, but no more than annually, grantee shall submit to grantor a privacy report indicating the degree of compliance with the provisions contained in § 112.162(C), (D) and (F) herein and all steps taken to assure that the privacy rights of individuals have been protected.
(E) All reports required under this chapter, except those designated by grantee as confidential, shall be available for public inspection in the grantor's offices during normal business hours. The burden of proof shall be upon the grantee to establish the validity of any claims regarding reports designated as confidential.
(F) All reports and records required under this chapter shall be furnished at the sole expense of grantee, except as otherwise provided in the franchise agreement.
(G) The willful refusal, failure, or neglect of grantee to file any of the reports required as and when due under this chapter, may be deemed a material breach of the franchise if such reports are not provided to grantor within 30 days after written request therefor, and may subject the grantee to all remedies, legal or equitable, which are available to grantor under this chapter or the franchise agreement.
(H) Any materially false or misleading statement or representation made knowingly and willfully by the grantee in any report required under this chapter or under the franchise agreement may be deemed a material breach of the franchise and may subject grantee to all remedies, legal or equitable, which are available to grantor.
(Ord. 912, passed 6-8-00)