Title 13 - Streets and Sidewalks

13.50.150 Operation and Maintenance.

1. A.
   Open Books and Records. Every Cable Franchisee shall cooperate with the City with respect to City's administration of this Code and any applicable Franchise subject to it.  Subject to the privacy provisions of the Cable Act, City shall have the right to inspect, upon three (3) business days notice, during Normal Business Hours, all books, records, maps, plans, certified financial statements, service complaint logs, performance test results, and other existing like materials of a Cable Franchisee that relate and are material to the operation of the Cable Franchisee's Cable System and that are reasonably necessary to Grantor's enforcement or administration of this Code or the Cable Franchisee's Franchise.  A Cable Franchisee shall not be required to maintain any books or records for franchise compliance purposes longer than three (3) years, except that financial records necessary to demonstrate compliance with the required Cable Franchise Fee payments shall be kept for six (6) years.  Upon request, the City will treat designated information disclosed by a Cable Franchisee as confidential to the extent permissible under state and federal law and will advise said Cable Franchisee of any third-party requests for such information so that Franchisee may take appropriate and authorized steps to protect its rights.  All such review of a Cable Franchisee's books and records shall be performed by an independent party if the City itself enters into the business as a competitor.
2. B.
   Communications with Regulatory Agencies. Copies of all non-confidential petitions, applications, communications, and reports submitted by a Cable Franchisee to the FCC, Securities and Exchange Commission, or any other federal or state regulatory commission or agency which directly relate to the operation of the Cable System in the City shall be made available contemporaneously to the City upon request.  Copies of responses from the above regulatory agencies to a Cable Franchisee likewise shall be made available promptly to the City upon request.  If the City is specifically named in any such pleading or response, the City shall automatically be furnished a copy.
3. C.
   Annual Reports.

   1. 1.
      Upon request, a Cable Franchisee shall make available to City, within ninety (90) days of the end of each of the applicable Cable Franchisee's fiscal years during the term of this Franchise, the following:

      1. a.
         A revenue statement certified by a representative of the Cable Franchisee showing the Gross Revenues of the Cable Franchisee for the preceding fiscal year;
      2. b.
         A current list of names and addresses of each officer and director and other management personnel of the Cable Franchisee;
      3. c.
         A statement of the Cable Franchisee's current billing practices and charges;
      4. d.
         A copy, if any, of the Cable Franchisee's current Subscriber Service contract; and
      5. e.
         A copy of Annual Reports to stockholders, if any, for operating company and parent company.
      6. f.
         An index of all technical and operational reports that Franchisee is required to develop and maintain in its public file with respect to its Cable System pursuant to federal law.

Other than subsection (f), all of the above information shall not be required annually unless there is a change after the first filing.

1.   
   2. 2.
      City and its agents and representatives shall have authority to arrange for and conduct an audit during Normal Business Hours of the books and records of Cable Franchisee that are reasonably necessary for the enforcement of a Franchise. A Cable Franchisee shall first be given thirty (30) days notice of the audit, the description of and purpose for the audit, and a description, to the best of City's ability, of the books, records, and documents that City wants to review. The costs and expense of such audit shall be borne by the Cable Franchisee if the audit reveals an underpayment of five percent (5%) or more.
   3. 3.
      Any review or audit of a Cable Franchisee's books and records shall be performed by an independent party if the City itself enters into business as a competitor to a Cable Franchisee. In such case, all confidential information obtained during the audit shall not be disclosed to the City or any other party.

4. D.
   Service Contract and Subscriber Information.

   1. 1.
      A Cable Franchisee shall have authority to promulgate such rules, regulations, terms, and conditions governing the conduct of its business as shall be reasonably necessary to enable the Cable Franchisee to exercise its rights and perform its obligations under this Chapter and its Cable Franchise and to assure uninterrupted Cable Service to all of its Subscribers; provided such rules, regulations, terms, and conditions shall not be in conflict with the provisions of this Code, federal, state and/or local law, or any applicable rules and regulations.
   2. 2.
      Upon request, a Cable Franchisee shall submit to City any standard residential Subscriber contract form that it utilizes. If no written contract exists, a Cable Franchisee shall file with the City a document completely and concisely stating the terms of the standard residential Subscriber contract offered.

(History: Ord. CaSC-2293 §1, 2001)

Effective on: 1/1/1901