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A grantee shall have authority to promulgate the rules, regulations, terms and conditions as it deems necessary in order to operate the franchise granted under this chapter. Copies of all rules, regulations, terms and conditions, including subscriber agreements together with any amendments, additions or deletions thereto, shall be made available to the city.
(1992 Code, § 44-76) (Ord. 104-09, passed 11-16-2009)
CUSTOMER SERVICE STANDARDS
Subject to the privacy provisions of 47 U.S.C. §§ 521 et seq., every grantee shall prepare as necessary, and maintain records of complaints made to them and the resolution of the complaints, including the date of the resolution. For the purposes of this requirement, all complaints or cable service calls that result in the dispatch of a cable service technician shall be individually logged and for all other complaints, a grantee may satisfy this requirement by the creation of a periodic written summary of the type of complaint and their resolution. The complaint logs and summaries shall be on file at the office of a grantee for three years and available for inspection by the city upon request.
(1992 Code, § 44-78) (Ord. 104-09, passed 11-16-2009)
ANNUAL REPORTS AND RECORDS OF GRANTEE
Upon request, a grantee shall make available to the city the following annual reports not later than 90 days after the request is made:
(a) Any publicly available reports or documents which a grantee must file within a government agency, and that specifically address a grantee’s obligation under a franchise, shall be provided to city, excepting federal and state income tax returns and forms, and the reports not required to be filed based on the Federal Securities Act;
(b) A copy of the publicly available consolidated report to its stockholders issued at the end of a grantee’s fiscal year rendered by a grantee’s parent company for all of its operations, if a report exists; and
(c) A copy of its annual reports to the FCC for cable video service and cable systems. The grantee may request confidentiality to protect customer privacy and proprietary information.
(1992 Code, § 44-79) (Ord. 104-09, passed 11-16-2009)
Records for city review will include:
(a) The city shall have the right to inspect, upon reasonable notice and during normal business hours, any records maintained by a grantee which relate to cable system operations including specifically a grantee’s accounting and financial records, provided, however, a grantee may withhold records it deems to be confidential and proprietary until the parties execute a nondisclosure agreement consistent with applicable law. A grantee shall produce the books and records for the city’s inspection at a grantee’s local office or at another mutually agreed upon location; and
(b) The city acknowledges that some of the records, including maps and system location information, that may be provided by a grantee may be considered confidential by a grantee and therefore may subject a grantee to competitive disadvantage if made public. The city will maintain the confidentiality of any records provided to it by a grantee that are identified by grantee in writing as “confidential,” if they are not required to be made public pursuant to applicable laws. Upon receipt of demand from any third party for disclosure of records, the city shall advise a grantee and provide a grantee with a copy of any written request by the party demanding access to the records, if available. The city agrees that, to the extent permitted by state and federal law, it shall deny access to any of a grantee’s books and records marked confidential as set forth above. Subject to the city’s compliance with this section, the city shall not be liable to a grantee for any submission or disclosure of the information to a third party as required by applicable law or to a government agency or regulatory body seeking the records and claiming jurisdiction in any of these events. Nothing in this section shall limit the right of a grantee to contest disclosure or submission to a third party as required by law or to a government agency or regulatory body asserting jurisdiction over it or the subject matter before the disclosure shall be effected. A grantee shall reimburse the city for all reasonable costs and attorneys’ fees incurred in any legal proceedings pursued under this section.
(1992 Code, § 44-80) (Ord. 104-09, passed 11-16-2009)
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