[Ord. #89-07]
Within one hundred twenty (120) days after the close of Grantee's
fiscal year, the Grantee shall be required to submit a written annual
report, in a form requested by the Grantor, including, but not limited
to, the following information:
a.
A summary of the previous year's (or, in the case of the initial
report year, the initial year's) activities in development of the
cable system, including, but not limited to, services begun or discontinued
during the reporting year, and the number of subscribers for each
class of service.
b.
A revenue statement, audited by an independent Certified Public Accountant,
or certified as to accuracy by an officer of the Grantee.
c.
A statement of projected construction, if any, for the next two (2)
years;
d.
A list of Grantee's officers, members of its boards of directors,
and other principals of Grantee;
e.
A list of stockholders or other equity investors holding five (5%)
percent or more of the voting interest in the Grantee and its parent
corporation(s), if any, unless the parent is a public corporation
whose annual reports are publicly available.
[Ord. #89-07]
At the Grantor's request, if the Grantor has reason to question
the cable system's technical performance, Grantee shall submit to
the Grantor an annual system survey and test report which shall include
a survey of the Grantee's plans and a system performance test report.
Said report shall include, but not be limited to, a description and
"as built" maps of the portions of the franchise area that have been
cabled and have all services available, and an appropriate summary
of performance test results, including suitable electronic measurements
conducted in conformity with applicable FCC and franchise requirements.
Said report shall be in sufficient detail to enable the Grantor to
ascertain that the service requirements and technical standards of
the franchise are achieved and maintained. If Grantor has reason to
believe that portions or all of the system do not meet the technical
standards incorporated into the Franchise Agreement, at Grantor's
request, but no more often than once per three (3) years, the Grantee
and the Grantor shall agree upon the appointment of a qualified independent
engineer to evaluate and verify the technical performance of the cable
system. The cost of such evaluation shall be borne equally by the
Grantee and the Grantor.
[Ord. #89-07]
The Grantee may be required to submit to the Grantor copies
of all pleadings, applications, notifications, communications and
documents of any kind, submitted by the Grantee to, as well as copies
of all decisions, correspondence and actions by, any Federal, State
and local courts, regulatory agencies and other government bodies
relating to its cable television operations within the franchise area.
Grantee shall submit such documents to the Grantor no later than thirty
(30) days after receipt of a Grantor request. The Grantee hereby waives
any right to claim confidential, privileged or proprietary rights
to such documents unless such confidential rights are determined to
be confidential by law or by the practices of Federal or State agencies.
Such confidential data exempt from public disclosure shall be retained
in confidence by the Grantor and its authorized agents and shall not
be made available for public inspection.
[Ord. #89-07]
If public reports are published, a copy of each of Grantee's
annual reports and those of its parent corporation, as the Grantor
requests, shall be submitted to the Grantor within thirty (30) days
after receipt of a request.
[Ord. #89-07]
An accurate and comprehensive file shall be kept by the Grantee
of any and all complaints regarding the cable system. A procedure
shall be established by the Grantee by the time of installation of
the cable system to remedy complaints quickly and reasonably to the
satisfaction of the Grantor. Complete records of Grantee's actions
in response to all complaints shall be kept for a minimum of one (1)
year, with monthly and annual summary reports maintained for at least
three (3) years. These files and records shall remain open to the
public during normal business hours, so that individuals are able
to inspect their own files.
Grantee shall submit to Grantor the following reports:
a.
A summary of service requests, identifying the number and nature
of the requests and their disposition, upon Grantor request, shall
be completed for each month and submitted to the Grantor by the tenth
day of the succeeding month.
b.
A log and summary of all known major service interruptions.
c.
If requested by the Grantor, the result of an annual opinion survey
report which identifies satisfaction or dissatisfaction among subscribers
with cable communications services offered by the Grantee shall be
submitted to the Grantor no later than two (2) months after the end
of Grantee's fiscal year. The surveys required to make said report
shall be in a form that can be transmitted to subscribers with one
(1) or more bills for service, such as postage-paid self-addressed
post cards. At the Grantor's option, the Grantor may prepare the survey
form and request its inclusion with a monthly bill to subscribers.
In this case, the Grantor shall be responsible for excess postage
costs, if any.
[Ord. #89-07]
Grantee shall submit to the Grantor such other relevant information
or reports in such forms and at such times as the Grantor may reasonably
request or require.
[Ord. #89-07]
The Grantee shall allow the Grantor to make inspections of any
of the Grantee's facilities and equipment at any time during business
hours, upon at least ten (10) days notice, or, in case of emergency,
upon demand without prior notice, to allow Grantor to verify the accuracy
of any submitted report.
[Ord. #89-07]
All reports subject to public disclosure, shall be available
for public inspection at a designated Grantor office during normal
business hours.
[Ord. #89-07]
The willful refusal, failure, or neglect of the Grantee to file
any of the reports reasonably required and delineated above, or such
other reports as the Grantor reasonably may request, may be deemed
a material breach of the franchise, and may subject the Grantee to
all remedies, legal or equitable, which are available to the Grantor
under the franchise or otherwise.
[Ord. #89-07]
Any materially false or misleading statement or representation
made knowingly and willfully by the Grantee in any report required
under the franchise may be deemed a material breach of the franchise
and may subject the Grantee to all remedies, legal or equitable, which
are available to the Grantor under the franchise or otherwise.
[Ord. #89-07]
One (1) copy of all reports and records required under this
or any other section shall be furnished at the sole expense of the
Grantee.
