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(a) Within three months of the close of its fiscal year, and if required by a franchise agreement, a franchisee shall provide the city an annual report that includes the following information.
(1) A summary of the previous year’s activities in development of the system, including, but not limited to, services initiated or discontinued, total number of subscribers, number of subscribers for each tier 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.
(2) An audited financial statement by the franchisee or the entity closest to the franchisee at which such an audit is prepared, including a statement of income, a balance sheet and a statement of sources and applications of funds. The statement shall include notes that specify all significant accounting policies and practices upon which it is based.
(3) A copy of the franchisee’s rules and regulations applicable to subscribers of the cable system.
(4) A full schedule and description of services and a schedule of all rates, fees and charges for all services provided over the cable system.
(5) The most recent annual report of the franchisee, if it issues an annual report, or the most recent annual report of each affiliate of franchisee that controls the franchisee and issues an annual report.
(6) The hours and location of the nearest business office.
(7) A summary of subscriber or consumer complaints relating to the system or communications with subscribers (including bills), identifying the number and nature of complaints and their disposition. Where complaints involved recurrent system problems, the nature of each problem and the corrective measures taken shall be identified. Detailed information on individual complaints shall be submitted to the city, provided that a franchisee shall not be obligated to provide any information that would require it to violate any applicable federal or state privacy law.
(8) A summary of the number of outages.
(b) A franchisee shall provide 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) Any notice of deficiency, forfeiture or documents instituting any investigation, civil or criminal proceeding issued by any state or federal agency regarding the system, the franchisee or any affiliate of the franchisee, to the extent the same may directly or indirectly affect or bear on operations in the city. For example, a notice that an affiliate that has a management contract for the city’s system was not in compliance with FCC and EEO requirements would be deemed to affect or bear on operations in the city.
(2) Any request for protection under bankruptcy laws, or any judgment relating to a declaration of bankruptcy.
(c) Upon request, the franchisee shall promptly make available or compile information relating to any of the following for copying by the city.
(1) A detailed copy of updated maps depicting the location of all cable plant, showing areas served and locations of all trunk lines and feeder lines in the city.
(2) If the franchisee is a corporation, a list of officers and members of the board of directors, the officers and members of the board of directors of any parent corporation, and, if the franchisee or its parent corporation’s stock or ownership interests are publicly traded, a copy of its most recent annual report.
(3) If the franchisee is a partnership, a list of the partners, including any limited partners, and if the general partner is a corporation, a list of the officers and members of the board of directors or the corporate general partner, and the officers and directors of any parent corporation, and, where the general partner or its parent corporation’s ownership interests are publicly traded, a copy of its most recent annual report.
(4) A list of all partners or known stockholders holding five percent or more ownership interest in the franchisee and any parent corporation, provided, however, that when any such entity has fewer than ten persons holding five percent or greater ownership interest, the ten largest such holders shall be listed.
(5) A report on the number of elderly and handicapped subscribers receiving any rate discounts and the amount of the discounts for specific services.
(6) Copyright filings reflecting the operation of the system.
(7) FCC Forms 325 and 395 for the system, or their successor forms.
(8) Records relating to the franchisee’s compliance with 47 C.F.R. 76.309.
(d) A franchisee shall provide any additional books or records in Greene County, Ohio, requested for inspection and audit by the city for purposes of ascertaining compliance with requirements of this chapter and the franchise agreement. Such inspection and audit shall be upon reasonable notice and during normal business hours.
(e) Upon written request by the franchisee, and to the extent allowed by applicable law, information of a proprietary nature submitted by the franchisee to the city pursuant to this chapter or a franchise agreement will not be made available for public inspection. A franchisee may not withhold from disclosure any information required to be submitted or made available under this chapter or a franchise agreement on the ground that such information is of a confidential or proprietary nature. The franchise shall clearly identify all material that it claims to be of a confidential or proprietary nature. If the city believes that material is in fact not proprietary, it shall nevertheless treat the material as if it were proprietary, to the extent allowed by applicable law, until the city and the franchisee have reached an agreement on whether the material is proprietary, or until a court of competent jurisdiction has ruled that the material is not proprietary.
(Ord. 97-2, passed 1-9-1997)