(A) A grantee shall maintain financial records that allow analysis and review of its operations in each individual franchise area.
(B) Communication with regulatory agencies.
(1) The grantee shall file with the city all reports and materials submitted to or received from the Federal Communications Commission by the grantee or its affiliates that relate specifically to the cable system or are reasonably likely to affect the grantee's operations in the city. Such reports and materials shall include, but are not limited to, proof of performance tests and results and any petitions or applications regarding the cable system or a group of cable systems of which the grantee's cable system is a part.
(2) Materials filed with the city pursuant to § 117.39(B)(1) shall be filed as follows: Materials submitted by the grantee, an affiliate, or any other person on the behalf of the grantee shall be filed with the city no later than the next business day after they are submitted to the receiving agency. Materials received by the grantee shall be filed with the city within 30 days of the date they are received by the grantee, except that if applicable law permits a response to such materials by the city and sets a deadline of 60 or fewer days for the city's response, they shall be filed with the city within five days of the date they are received by the grantee.
(3) Public access to such materials received by the city shall not be denied, except to the extent expressly required by law.
(C) Annual report. Unless this requirement is waived in whole or in part by the city, no later than 120 days after the end of its fiscal year, a grantee shall submit a written report to the city, in a form directed by the city, which shall include:
(1) A summary of the previous year's activities in development of the cable system, including but not limited to descriptions of services begun or dropped, the number of subscribers gained or lost for each category of service, the amount collected annually from users of the system and the character and extent of the services rendered to any users from whom amounts are collected, including leased access channel users, provided that if the city directly or indirectly competes with a grantee in providing communications services, it shall provide such grantee with the number of subscribers gained or lost for each category of service by the city during the city's fiscal year;
(2) A summary of complaints, identifying both the number and nature of the complaints received and an explanation of their dispositions, as such records are kept by the grantee. Where complaints involve recurrent system problems, the nature of each such problem and the corrective measures taken shall be identified;
(3) A report showing the number of service calls received by type during each quarter, and the percentage of service calls compared to the subscriber base by type of complaint;
(4) A report showing the number of outages and service degradations for each quarter, and identifying separately each planned outage, the time it occurred, its duration, and the estimated area and number of subscribers affected; each unplanned outage or service degradation, the time it occurred, its estimated duration and the estimated area and the number of subscribers affected; and the total hours of outages and service degradations as a percentage of total hours of cable system operation.
(5) A copy of any rules and regulations of the grantee applicable to subscribers of the cable system, and of any contracts for cable service initiated with current subscribers during the year;
(6) An annual statement of gross revenues derived from the operation of the cable system, certified by an officer of the grantee;
(7) A full schedule of all subscriber and other user rates, fees and charges;
(8) The grantee's policies regarding subscriber privacy;
(9) Such other information as the city may direct that is relevant to compliance with the grantee's franchise agreement, this chapter and other applicable law.
(D) A grantee must submit a copy and full explanation of any notice of deficiency, forfeiture, or other document issued by any state or federal agency instituting any investigation or civil or criminal proceeding regarding the cable system, the grantee, or any affiliate of the grantee, to the extent the same may affect or bear on operations in the city. By way of illustration and not limitation, a notice that an affiliate that has a management contract for the cable system was not in compliance with FCC EEO requirements would be deemed to affect or bear on operations in the city. This material shall be submitted in accordance with the deadlines specified in § 117.39(B)(2) herein.
(E) Additional reports. Each grantee shall prepare and furnish to the city, at the times and in the form prescribed by the city, such additional reports with respect to its operation, affairs, transactions or property, as the city may reasonably deem necessary or relevant to the performance of any of the rights, functions or duties of the city in connection with this agreement and/or the Cable Ordinance.
(F) Records required. The grantee shall maintain:
(1) Records of all complaints received. The term "complaints" as used herein and throughout this agreement refers to written complaints or complaints documented in the grantee's normal course of business about any aspect of the cable system or the grantee's operations, including, without limitation, complaints about employee courtesy. Complaints recorded may not be limited to complaints requiring an employee service call.
(2) Records of outages, indicating date, duration, area, number of subscribers affected, type of outage, and cause.
(3) Records of service calls for repair and maintenance, indicating the date and time service was requested, the date and time service was provided, and (if different) the date and time the problem was resolved.
(4) Records of installation/reconnection and written requests for service extension, indicating date of request, date of acknowledgment, and the date and time service was extended.
(G) Retention of records; relation to privacy rights. A grantee shall take all steps that may be required to ensure that it is able to provide the city all information which must be provided or may be requested under the Cable Ordinance or this agreement, including by providing appropriate subscriber privacy notices. Nothing in this section shall be read to require a grantee to violate 47 U.S.C. § 551. Each grantee shall be responsible for redacting any data that federal law prevents it from providing to the city. The city retains the right to question any such redaction and to challenge it in any forum having jurisdiction over such a challenge. Records shall be kept for at least five years, unless otherwise agreed to in writing by the city.
(H) Waiver of reporting requirements. The city may, at its discretion, waive in writing the requirement of any particular report specified in this § 117.39
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(Ord. 2015-20, passed 11-10-2015)