A. 
To the extent permitted by federal and/or state law, including any applicable provisions of the PSC, an MCS provider shall at all times defend, indemnify, protect, save harmless, and exempt the City, the City Council, the Manager, their officers, agents, servants, and employees, from any, and all, penalty, damage, or charges arising out of claims, suits, demands, causes of action, or award of damages whether compensatory or punitive, or expenses arising therefrom, either at law or in equity, which might be claimed now or in the future, which may arise out of, or be caused by, the construction, erection, location, products performance, operation, maintenance, repair, installation, replacement, removal or restoration of the multichannel system within the City by a negligent act or omission of an MCS provider, its agents or employees, contractors, subcontractors, independent contractors, or implied or authorized representatives. With respect to the penalties, damages or charges referenced herein, reasonable attorneys' fees, consultants' fees, and expert witness fees are included as those costs which may be recovered by the City.
B. 
The City, the City Council, and the Manager specifically reserve the right to retain counsel of their own choice, at their own expense.
C. 
If an MCS provider obtains counsel for the City, the City Council, and/or the Manager, then any one of them shall have the right to approve counsel. However, neither the City, the City Council, nor the Manager shall unreasonably withhold its approval of counsel.
D. 
With respect to an MCS provider's own defense of such actions noted in this section, it is understood, that such MCS provider reserves the right to select and retain, without the City, the City Council, or Manager's approval, counsel of the MCS provider's choice, at such MCS provider's expense.
A. 
An MCS provider shall secure and maintain, for as long as it provides multichannel service to subscribers, public liability, property damage insurance, and umbrella coverage in at least the following amounts:
(1) 
Public liability: $1,000,000 per person/per occurrence;
(2) 
Property damage: $1,000,000 per any one claim;
(3) 
Umbrella liability: $3,000,000.
B. 
An MCS provider's public and personal liability and property damage insurance policy shall specifically include the City, the City Council, and the Manager as additional named insureds.
C. 
The public and personal liability and property damage insurance policy shall be issued by an agent or representative of an insurance company licensed to do business in the state, and which has one of the three highest or best ratings from the Alfred M. Best Company.
D. 
The public liability and property damage insurance policy shall contain an endorsement obligating the insurance company to furnish the City Council with at least 30 days written notice in advance of the cancellation of the insurance.
E. 
Renewal or replacement policies or certificates shall be delivered to the City Council at least 15 days before the expiration of the insurance which such policies are to renew or replace.
F. 
Before an MCS provider provides multichannel service to subscribers, the MCS provider shall deliver the policies or certificates representing the insurance to the City Council, and each policy or certificate delivered shall be accompanied by evidence of payment of the full premium thereon.
G. 
If the state permits an MCS provider to self-insure, then the MCS provider may exercise its right to self-insure, so as long as the minimum amounts of insurance coverage outlined in this section are met and maintained for the entire period that the affected MCS provider is self-insured and the MCS provider can demonstrate to the satisfaction of the City Council that it has the reasonable financial ability to pay up to the maximum amount per category.
A. 
An MCS provider shall furnish to the City Council, a performance bond or security bond executed by a surety licensed to do business in this state in an amount totaling at least $25,000. The purpose of the performance bond is to ensure performance of any requirements required by and under this chapter on an MCS provider, or imposed on an MCS provider by virtue of its franchise, other agreement, license or permit. Further, the purpose is to guarantee that should the MCS provider not fulfill any obligations imposed by this chapter, or where applicable, a franchise, other agreement, license or permit, then the surety will make whole, to the extent of the policy, any monetary losses or damages incurred by the City. If the City draws on a performance bond or cash deposit as a result of an MCS provider's failure to timely discharge its obligations, then the MCS provider shall be required to replenish the performance bond or security to the minimal level required by the City Council within 30 days.
B. 
In addition to the performance bond referenced in Subsection A of this section, an MCS provider shall furnish to the City, a construction/completion bond prior to the time it commences any construction, upgrade, rebuild, or repair/maintenance project that has a capital construction cost or outlay exceeding $100,000 in value. The amount of the bond shall equal at least 75% of the projected capital construction cost or outlay.
C. 
The construction/completion bond or security bond shall specifically guarantee that an MCS provider will timely abide by its construction, upgrade, rebuild, or repair/maintenance schedule for the multichannel system and/or any timetable for technical and service improvements or additions to the multichannel system as may be committed to, or agreed upon, from time to time, by the City Council and MCS provider.
D. 
If the City Council draws on a performance or completion bond or cash deposit as a result of an MCS provider's failure to timely discharge its obligations, or failure to construct and activate the multichannel system, or failure to complete a multichannel system upgrade or rebuild or repair or maintain the system as required, then the MCS provider shall be required to replenish the completion and performance bond or security bond to the minimal level required by the City Council within 30 days.
E. 
The performance bond or security bond shall be in force at all times, unless relief is granted or a reduction schedule is detailed in an separate agreement, executed between the MCS provider and the City Council.
F. 
In lieu of a performance bond and/or a construction/completion bond, the City Council may accept a written guarantee of an MCS provider pledging the full faith and credit of the affected MCS provider should there be a breach in a material franchise, other agreement, license or permit term, or failure to meet any construction schedule.
A. 
Notwithstanding the insurance and bonding requirements contained elsewhere in this chapter, an MCS provider shall obtain and maintain any other types of insurance and bonds, including, but not limited to workers' compensation insurance, and automobile liability insurance, that are mandated by either federal or state law, including any applicable provision of the PSC.
B. 
Where applicable and required, such MCS providers shall maintain such insurance and/or bonds in at least the minimal amounts, and according to the minimal terms and provisions mandated by either the federal or state law, including any applicable provision of the PSC.
A. 
To the extent required by federal and/or state law, including any applicable rule or regulation of the PSC, an MCS provider must maintain open records and reports that are subject to public inspection by:
(1) 
Persons who are not customer or subscribers of the multichannel system;
(2) 
Customers or subscribers of the multichannel system, and
(3) 
The City Council or other City officials, or the designee of such.
B. 
Though not exhaustive, an MCS provider shall maintain a public inspection file which includes, among other records:
(1) 
Ownership records;
(2) 
(Where applicable) a list of broadcast stations that are carried on the multichannel system as a result of federally imposed must-carry requirements;
(3) 
Commercial records for children's programming;
(4) 
Equal Employment Opportunity (EEO) data;
(5) 
Testing data and records, pursuant to the FCC's rules; and
(6) 
Any records or information required by the PSC
C. 
Moreover, though not required by federal law, and if not prohibited by state law, including any applicable rule or regulation of the PSC, the City Council nevertheless requires as a matter of public policy that the MCS provider maintain the following additional records in its public inspection file:
(1) 
A current rate card detailing both rates for cable services, and charges for installation, remotes, converters, and the like, plus any administrative or charges or fees;
(2) 
A copy of the current complaint resolution policy;
(3) 
A copy of the current disconnection policy, including both voluntary and involuntary disconnections;
(4) 
A copy of the current policy regarding the issuance of credits or rebates for loss of service; and
(5) 
A copy of the current policy regarding the handling, and return, of subscriber deposits.
A. 
Notwithstanding any requirements contained elsewhere in this chapter, an MCS provider shall maintain and retain such records and reports as are necessary for the City to determine compliance with the obligations imposed on it by this chapter, and to determine the MCS provider's legal, technical, financial, and character qualifications.
B. 
On or before January 1 of each year after the effective date of this chapter, an MCS provider shall submit to the City Council a list of files, reports, records, data or other information that the MCS provider periodically, customarily, and/or regularly files with the FCC, or another federal or state agency. For any other report that an MCS provider files with any other federal or state agency, and that has a direct impact on the operation of the MCS provider's multichannel system, then the MCS provider shall notify the City Council of such filing within 15 days of said filing.
C. 
Said notice shall inform the City Council of the nature and scope of the filing, as well as the recipient of the filing (i.e., the name, address, department, division, and phone number of the recipient).
D. 
As part of any performance or compliance evaluation, or for any legitimate matter related to the administration and enforcement of an MCS provider franchise, agreement, license or permit, the City Council may specifically request and require that it be provided with any or all listed reports, records, data, or other information that were originally filed with the FCC, the Securities and Exchange Commission (SEC) or any other federal or state agency. However, unless specifically authorized by the state, an MCS provider shall not be required to provide the City Council with any state or federal tax returns, or any documents (inclusive of all above-referenced categories) that are exempted under state or federal privacy laws, including any applicable provision of the PSC, and Section 631 of the Cable Act (codified at 47 U.S.C. § 551).
E. 
Notwithstanding anything to the contrary in the preceding Subsection C, the City reserves the right to require, as deemed necessary for the administration and enforcement of this chapter, or a franchise, other agreement, license or permit, that a franchisee or other MCS provider provide the City with copies of all applications, reports, documents, correspondence, pleadings and petitions of any kind whatsoever that relate to or have an effect on the system, the franchisee or the franchising authority that are submitted by or on behalf of the franchisee or other MCS provider, to the FCC or any other federal or state regulatory agencies or courts having jurisdiction with respect to any matters that affect the construction, operation, or regulation of a cable television system or other multichannel service system, or that affect the services provided by such a system, where such addresses issues which affect the operation of the franchisee's or other MCS provider's system within the City. Said information shall be provided in a timely and expeditious manner, as may be required by this chapter or a franchise agreement or other agreement, license or permit, or lawful operating authority.
F. 
Copies of such responses, decisions, or any other communications from the regulatory agencies or courts to a franchisee or other MCS provider or its agent, including franchisee's or other MCS provider's corporate parent, attorney, or consultants, relative to its multichannel system in the City, or the operation of the system within the City, shall likewise be filed with the City immediately on the filing or receipt of such, but in no case later than 30 days after the filing or receipt.
G. 
In addition to the requirements noted in the preceding subsections of this section, an MCS provider shall timely submit those reports, statements, and logs required by this chapter, including, but not limited to, the following:
(1) 
A periodic gross revenue statement in the manner set forth in this chapter;
(2) 
A periodic certification and evidence that the MCS provider is answering of phones in accordance with the minimum requirements listed in this chapter;
(3) 
Evidence of the satisfactory resolution of problems and complaints in the manner set forth in this chapter;
(4) 
A copy of the outage log applicable to the system in the City, showing all service outages of any kind and duration, in accordance with the requirements in this chapter pertaining to such logs;
(5) 
Preventive maintenance reports in the manner set forth in this chapter;
(6) 
Where applicable, FCC Form 393 or 1200 (or equivalent) rate worksheets;
(7) 
Where applicable, FCC Form 394 (or equivalent) concerning assignment or transfer of a franchised multichannel system classified as a franchised cable system; and
(8) 
FCC Form 395-A (or equivalent) concerning equal employment opportunity (EEO) and fair contracting policies.
A. 
An MCS provider shall keep complete and accurate books of accounts, and records of the business and operations under, and in connection with, the operation of system.
B. 
The City Council, or its designee, shall have the right to require the provision of and delivery to the City offices, or the offices of its designee, true and complete copies of any records needed for the diligent administration and enforcement of this chapter and/or the franchise, other agreement, license or permit on three days written notice and request, unless the retention of such records is specifically exempted by the City Council, or the time for review of such records is extended by the City.
C. 
The City shall have the right to hire, at its own expense, an independent certified public accountant, or other business or financial expert, to review the books and records of an MCS provider. If, after a financial audit, it is determined that the MCS provider has underpaid amounts owed to the City by any amount, then the City may require the MCS provider to reimburse the City for the actual cost of the audit. Absent fraud, any such audit by an independent certified public accountant shall be binding on all parties concerned.
D. 
A false entry into the books and/or records of an MCS provider, made by an MCS provider or any employee or contractor of the MCS provider, of a material fact or amount, shall constitute a material violation of this chapter and, at the discretion of City Council, subject the MCS provider to termination and revocation of its franchise, other agreement, license or permit, and any and all damages and penalties, both civil and criminal, as permitted under law. However, an erroneous entry, made in good faith, shall not constitute a material violation of this chapter, nor subject an MCS provider to any damages or penalties of any kind.
E. 
An MCS provider shall keep at the local office complete and accurate books and records of the key aspects of the multichannel system's operation for at least the preceding three years in such a manner that all matters pertaining to the City can be easily produced and/or verified at the request of the City. Also, the MCS provider shall keep at its local office, and shall make available and provide upon request by the City, any other applicable records and information that may be required by any other federal or state agency, including the PSC, that has jurisdiction over one or more classes of MCS providers as relate to the operation of the system, including financial matters. Notwithstanding the preceding, no MCS provider shall be required to provide information that is by law specifically deemed confidential or proprietary.
F. 
To the extent permitted by applicable state and federal law, the City shall not use any information provided by an MCS provider in a manner that would reasonably be deemed to provide a competitive advantage to another MCS provider, or that would reasonably be deemed place the provider at a competitive disadvantage.