Unless this requirement is waived in whole or in part by the
Town, by April 1 of each year for the previous calendar year, a franchisee
shall submit a written report to the Town, in a form directed by the
Town, which shall include:
A. 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 number of pay units sold, the amount collected
annually from users of the system and the character and extent of
the services rendered to such users, including leased access channel
users.
B. A summary of complaints, identifying both the number and nature of
the complaints received and an explanation of their dispositions,
to the extent such records are kept by the franchisee. Where complaints
involve recurrent system problems, the nature of each problem and
the corrective measures taken shall be identified.
C. A report showing the number of service calls received by type during
the prior quarter and the percentage of service calls compared to
the subscriber base by type of complaint.
D. A certification of compliance with applicable customer service standards.
If a franchisee is in noncompliance with any standard during any calendar
quarter, it shall include in its annual filing a statement specifying
areas of noncompliance, the reason for the noncompliance and a remedial
plan.
E. A copy of the franchisee's rules and regulations applicable
to subscribers of the cable system.
F. An annual statement showing the yearly gross revenues, prepared and
audited by a certified public accountant acceptable to the Town.
G. An annual financial report for the previous calendar year, audited
and certified by an independent certified public accountant, including
year-end balance sheet; income statement showing subscriber revenue
from each category of service and every source of nonsubscriber revenue,
line item operating expenses, depreciation expense, interest expense
and taxes paid; statement of sources and applications of funds; capital
expenditures; and depreciation schedule.
H. An annual list of officers and members of the Board of Directors
or similar controlling body of the franchisee and any affiliates.
I. An organizational chart showing all corporations or partnerships
with more than a five-percent ownership interest in the franchisee
and the nature of that ownership interest (limited partner, general
partner, preferred shareholder, etc.) and showing the same information
for each corporation or partnership that holds such an interest in
the corporations or partnerships so identified and so on until the
ultimate corporate and partnership interests are identified.
J. An annual report and § 10-K filing for each entity identified in Subsection
I of this section that generates such documents.
K. A summary of the results of and/or, at the franchisee's option,
copies of the system's technical tests and measurements performed
during the past year.
L. A detailed copy of updated maps depicting the location of all cable
plant, showing areas served and locations all trunk lines and feeder
lines in the Town and including changes in all such items for the
period covered by the report.
M. A full schedule of all subscriber and other user rates, fees and
charges;
N. Such other information as the Town may direct.
Unless this requirement is waived in whole or in part by the
Town, twice each year (by January 31 for the previous six months ending
December 31 and by July 31 for the previous six months ending June
30) a franchisee shall submit written reports to the Town, in a form
acceptable to the Town.
Unless this requirement is waived in whole or in part by the
Town, no later than 10 days after the end of each month, a franchisee
shall submit a written report to the Town regarding the preceding
month, in a form acceptable to the Town, which shall include:
A. The active system plant in miles, specifying aerial and underground
mileage.
B. The new system segments built, in miles, if any, specifying aerial
and underground mileage.
C. The number of subscribers and the penetration rate for each type
of service and equipment offered.
D. The number of disconnects.
E. The number of outages, identifying separately each outage; whether
planned or unplanned; the time it occurred, its duration, when the
franchisee responded and when the outage was corrected; the estimated
area; and a description of the subscribers affected; in addition,
for each unplanned outage, its cause, the number of subscribers affected
and the total hours of outages as a percentage of total hours of cable
system operation.
F. The number of cases in which installation was not provided within
the time established in this chapter.
G. The average telephone answering and hold times and the number of
instances in which those telephone answering and hold times exceeded
the time limits established in this chapter.
H. The percentage of customer calls that received a busy signal.
I. The average and minimum number of customer service representatives
on the franchisee's staff for telephone answering purposes.
J. The number of times in which interruptions of service under §
224-39 of this chapter was not in compliance with the times established in this chapter.
K. The number of times scheduling and completing customer service did not occur in accordance with §
224-38C.
Unless this requirement is waived in whole or in part by the
Town, the franchisee shall deliver the following special reports to
the Town:
A. A franchisee shall submit quarterly construction reports to the Town
after the franchise is awarded for any construction undertaken during
the term of the franchise until such construction is complete, including
any rebuild that may be specified in the franchise. The franchisee
must submit to the Town as part of the quarterly construction report,
or make available for inspection with notice of their availability
as part of the quarterly construction report, updated as-built system
design maps depicting construction completed in the previous quarter.
The maps shall be developed on the basis of post-construction inspection
by the franchisee and construction personnel to assess compliance
with the system design. Any departures from design must be indicated
on the as-built maps, to assist the Town in assessing operator compliance
with its obligations.
B. A franchisee must submit a copy 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 franchisee or any affiliate of the franchisee to the extent the same may affect or bear on operations in the Town. This material shall be submitted in accordance with the deadlines specified in §
224-57B herein.
C. The franchisee must submit a copy of any request for protection under bankruptcy laws, or any judgment related to a declaration of bankruptcy by the franchisee or by any partnership or corporation that owns or controls the franchisee directly or indirectly. This material shall be submitted in accordance with the deadlines specified in §
224-57B herein.
A franchisee shall provide such other information or reports
as the Town may request for the purpose of enforcing any provision
of the franchise agreement or this chapter.
The franchisee shall at all times maintain:
A. Records of all complaints received. The term "complaints" as used
herein and throughout an agreement refers to complaints about any
aspect of the cable system or the franchisee's operations, including,
without limitation, complaints about employee courtesy. Complaints
recorded may not be limited to complaints requiring an employee service
call.
B. A full and complete set of plans, records and as-built maps showing
the exact location of all system equipment installed or in use in
the Town, exclusive of subscriber service drops.
C. A comprehensive record of all personnel transactions and utilization
of contractors, subcontractors, vendors and suppliers by race and
sex.
D. Records of outages, indicating date, duration, area and the subscribers
affected, type of outage and cause.
E. Records of service calls for repair and maintenance indicating the
date and time service was required, the date of acknowledgment and
date and time service was scheduled (if it was scheduled) and the
date and time service was provided and (if different) the date and
time the problem was solved.
F. Records of installation/reconnection and requests for service extension,
indicating date of request, date of acknowledgment and the date and
time service was extended.
G. A public file showing its plan and time table for construction of
the cable system.
If any books, records, maps or plans or other requested documents
are too voluminous, or for security reasons cannot be copied and moved,
then the franchisee may request that the inspection take place at
some other location, provided that the franchisee must make necessary
arrangements for copying documents selected by the Town after review;
and the franchisee must pay all travel and additional copying expenses
incurred by the Town in inspecting those documents or having those
documents inspected by its designee.
The franchisee shall take all steps that may be required to
ensure that it is able to provide the Town all information which must
be provided or may be requested under this chapter or its franchise
agreement, including by providing appropriate subscriber privacy notices.
Nothing in this section shall be read to require the franchisee to
violate 47 U.S.C. § 551. Each franchisee shall be responsible
for redacting any data that federal law prevents it from providing
to the Town. The Town 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.
The Town may, at its discretion, waive, in writing, the requirement
of any particular report specified in this article.