(1) Annual reports. On or before March 31 of each year during the term of the license agreement, the licensee shall submit a written report to the licensing authority. The reports shall be submitted in accordance with forms prepared by the telecommunications administrator after providing a period for notice and comment and providing interested parties an opportunity for notice and comment on the forms. Until such forms are prepared after notice and opportunity for comment, the annual reports shall be prepared in accordance with the general business practices of a licensee and shall contain at least the following information regarding the previous calendar year:
(a) A summary of activities in the development of the system, including but not limited to services begun or discontinued, total number of subscribers, homes passed, subscribers added or discontinued and user participation, all per the provisions of this chapter and the license agreement.
(b) A list of all complaints and system downtime received or experienced during the reporting period. All such submitted data shall include complaint disposition and response time.
(c) A summary by category of complaints, identifying the number and nature of complaints and their dispositions.
(d) A fully audited revenue report, or a revenue report certified as correct by a Licensee's chief financial officer.
(e) A projected income statement and statement of projected construction for the next two (2) years.
(f) A list of officers and members of the board of directors of the licensee and its parents.
(g) A list of stockholders holding five (5) percent or more of the voting stock of the licensee or its parents.
(h) A copy of the licensee's annual report and those of its parents and subsidiaries.
(i) A full schedule of all subscriber and user rates, fees and charges for all cable services provided.
(j) A copy of subscriber and user agreements used by the licensee.
provided that, when it provides the information required by subsections (i) and (j), a licensee need not include proprietary MDU rates and agreements.
(2) Annual surveys. In addition to providing such other information as may be requested under section 7A-22(1), the licensee shall annually provide the following special reports:
(a) An annual opinion survey report which identifies subscriber satisfaction/dissatisfaction with cable services offered by the licensee. Surveys required to make said report shall be scientifically valid. In lieu of this obligation, a licensee may agree in a license agreement to pay a fixed sum to the city so that the city may perform the survey.
(b) An annual plant survey report, which shall be a survey of the licensee's plant and a full report thereon including new construction and complete annual outages by area of the city. The purpose of the report is to assure the city that the plant is being operated and maintained in accordance with applicable law. Said report shall include but not be limited to an appropriate engineering evaluation and shall be conducted in conformance with standard engineering practices. This requirement does not apply during a period of initial construction, or upgrade mandated by a license.
(3) Quarterly reports. Within forty-five (45) days of the end of each calendar quarter, each licensee shall submit a written report to the licensing authority. The reports shall be submitted in accordance with forms prepared by the telecommunications administrator after providing a period for notice and comment and providing interested parties an opportunity for notice and comment on the forms. Until such forms are prepared after notice and opportunity for comment, the quarterly reports shall be prepared in accordance with the general business practices of a licensee and shall contain the following information:
(a) A report showing compliance with the requirements regarding telephone calls specified in the customer service standards.
(b) The percentage of time service interruptions were cured within thirty-six (36) hours; the average time from notice that a problem existed to final cure; and the percentage of time that other service calls were resolved within ninety-six (96) hours.
(d) The total number of complaints received for the quarter, and the number of complaints by type of complaint; and complaints received as a percentage of basic subscribers.
(e) The total number of outages, divided into planned and unplanned outages, and showing the number of outages and the total duration of outages. An outage is defined as a loss of audio or video or impairment of audio or video affecting more than one subscriber.
(f) A list of all services offered by the licensee, including any non-cable services; provided that, after the initial filing, subsequent filings need only identify new services and changes in services offered.
(4) Reports to others. The licensee shall file promptly with the city a copy of any document the licensee files with the FCC, the Securities and Exchange Commission or any other regulatory agency with jurisdiction pertaining to the system. To the extent that such documents contain, to the satisfaction of the city manager, the information required by other reports hereunder, the city manager may suspend the requirements to file such other reports with the city so as to avoid duplication and the administrative costs attendant thereto. Alternatively, a licensee may comply with this subsection (4) by providing the city a list and short description of the documents it files, and providing copies of the documents upon request. The list must be kept current.
(5) Material misrepresentations. Any material misrepresentation made by the licensee in any report required by this section shall subject the licensee to the penalty provisions of this chapter and shall subject the licensee to all remedies available to the city by law.
(6) Access to books and records.
(a) The city may inspect and copy books and records of the licensee that are reasonably necessary to the enforcement of any provision of this chapter; the license agreement; to the conduct of performance evaluation sessions; or to the exercise of any authority that the city may have under the same or any other provision of applicable law. Without limiting the foregoing, a licensee shall provide the city access to complaint data to enable the city to fully investigate subscriber complaints. Books and records shall be produced to the city for inspection at City Hall or at such other mutually agreed upon location within the city. The city will not unreasonably refuse a request that it inspect documents at the licensee's facilities within the city. Provided, however, that nothing in this chapter shall be read to require the licensee to violate any provision of federal or state law relating to customer privacy. Information requested shall be made available for inspection within fourteen (14) business days of a request therefor, which period shall be subject to extension for good cause shown where no harm will result to the public interest from the delay.
(b) A licensee must produce the books and records requested by the city even if the licensee does not believe that the request satisfies the standard set out above, unless the city waives the requirement, or the licensee obtains a court order from a court of competent jurisdiction enjoining the request.
(c) A licensee may not refuse to produce books and records on the ground that such books and records contain proprietary information. However, all proprietary information received by the city from a licensee and clearly marked as such shall not be publicly disclosed insofar as permitted by the Arizona Public Records Law, A.R.S. 39-121 et. seq. and other applicable law. The city will notify a licensee if any third party seeks access to any document that is marked confidential, and the city will withhold releasing the document for the maximum period permitted by law to permit the licensee to seek court protection against the release of the requested documents.
(Ord. No. 8937, § 2, 9-2-97)