(a) The
grantee may make a rate change at any time, provided that any such
change shall be done in strict compliance with the regulations therefor
promulgated by the FCC and in effect at the time of such change, and
provided further that the grantee shall file a schedule of proposed
rates with the city and shall notify its subscribers in writing not
less than thirty (30) days prior to any such rate change.
(b) At
no time shall the rates charged for services exceed the rates for
the same or comparable service charged by the grantee to customers
in the City of Arlington under its franchise, if any, with that city.
(2005 Code, sec. 13.5.36)
(a) A
grantee shall, within thirty (30) days following acceptance of a franchise,
furnish and keep current with the city secretary a list of its shareholders
holding ten (10) percent or more of the outstanding stock or equivalent
ownership interest as well as a roster of its principals or officers
and directors and their addresses.
(b) All
notices from a grantee to the city pursuant to this franchise shall
be to the city secretary. A grantee shall maintain on file with the
city, throughout the term of this franchise, a current address for
service of notices by mail. A grantee shall also maintain within the
City of Arlington a local office and telephone number for the conduct
of matters related to this franchise during normal business hours.
For the purposes hereof, an office and address within the City of
Arlington, Texas, shall be deemed an office within the City of Dalworthington
Gardens.
(c) A
grantee shall keep a complete and accurate set of books of accounts
and records of its business and operations in accordance with generally
accepted accounting principles, under and in accordance with this
article and the franchise. All books and records shall be made available
at the grantee’s office for a period of at least three (3) years.
(d) The
city secretary or his designee (the city’s independent certified
public accounting firm, city auditor, director of finance, etc.) shall
have reasonable access to all books of accounts and records of a grantee
for the purpose of ascertaining the accuracy of any and all reports
required under this article or the franchise and shall be given reasonable
access to all other records of the grantee relevant to the enforcement
of the franchise or this article. In the event that the city’s
examination of such books and records shall disclose a material discrepancy
(one or more) in the reports required by this article, the grantee
shall reimburse the city its reasonable costs of such examination.
(e) Any
false entry in the books of account or records of a grantee or false
statement in the reports to the city as to a material fact knowingly
made by a grantee shall constitute a breach of a material provision
of this article and the franchise.
(f) Copies
of a grantee’s schedule of charges, contract or application
forms for regular subscriber service, policies regarding the processing
of subscriber complaints, delinquent subscriber disconnect and reconnect
procedures and any other terms and conditions adopted as a grantee’s
policy in connection with its subscribers shall be filed with the
city secretary and conspicuously posted in the grantee’s local
office.
(2005 Code, sec. 13.5.37)
(a) A grantee shall file annually with the city secretary, no later than one hundred twenty (120) days after the grantee’s fiscal year end, a copy of its annual financial statement described in section
4.07.079(b) hereof.
(b) In
addition to the financial statements, a grantee shall also provide
a schedule of its properties and equipment devoted to CATV system
operations, by category, including its investment in such properties
and equipment, and the original cost less accumulated depreciation
of the properties and equipment. The financial statements and the
report on property and equipment shall be submitted along with any
other reasonable information the city may request with respect to
the grantee’s properties and expenses related to its CATV system
operations within the city.
(c) The
grantee shall also file a report with the city secretary relating
to its CATV system operations that includes the following information
specific to the city: number of homes passed, number of cable miles,
number of subscribers for each revenue source attributable to the
grantee’s operation within the city.
(d) The
reports required by this section shall be certified as being correct
by a responsible officer of the grantee. All proprietary information
submitted pursuant to this section shall be treated as confidential
to the extent permitted by law.
(2005 Code, sec. 13.5.38)