At City's sole option, within 60 days after the close of Grantee's
fiscal year Grantee shall submit a written annual report, in a form
approved by City, 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 by an officer of the Grantee.
(c)
A current statement of costs of construction by component categories.
(d)
A statement of projected construction for the next two years.
(e)
A list of Grantee's officers, members of its board of directors,
and other principals of Grantee.
(f)
A list of stockholders or other equity investors holding 5% or more
of the voting interest in Grantee and its parent, subsidiary and affiliated
corporation and other entities, if any.
(g)
To the extent that money, other than profits, is paid to a parent,
subsidiary, or other person affiliated with Grantee, the amounts of
such payments and the basis for computation of such amounts (e.g.,
the basis for computing any management fees or share of "home office"
overhead).
(Prior code § 63082; added
by Ord. No. 1407CCS, adopted 4/28/87)
At City's sole option, Grantee shall submit to City an annual
plant survey report which shall be a complete survey of Grantee's
plant and a full report thereon. 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,
an appropriate engineering evaluation including suitable electronic
measurements conducted in conformity with FCC guidelines and franchise
technical standards. Said report shall be in sufficient detail to
enable City to ascertain that the service requirements and technical
standards of the FCC and/or the franchise were achieved and maintained.
If City has reason to believe that portions or all of the system do
not meet either the FCC technical guidelines, or those incorporated
into the franchise agreement, at City's request, but not more often
than once per three years, Grantee and City shall agree upon the appointment
of a qualified independent engineer to evaluate and verify the technical
performance of the cable systems. The cost of such evaluation shall
be borne equally by Grantee and City.
(Prior code § 63083; added
by Ord. No. 1407CCS, adopted 4/28/87)
Grantee shall submit to City copies of all pleadings, applications,
reports, communications and documents of any kind, submitted by 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 City simultaneously
with their submission to such courts, agencies, and bodies; and within
ten days after their receipt from such courts, agencies and bodies.
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 City and its authorized agents
and shall not be made available for public inspection.
(Prior code § 63084; added
by Ord. No. 1407CCS, adopted 4/28/87)
A copy of each of Grantee's annual and other periodic public
reports and those of its parent, subsidiary, and affiliated corporations
and other entities, as City requests, shall be submitted to City within
ten days of its issuance.
(Prior code § 63085; added
by Ord. No. 1407CCS, adopted 4/28/87)
Grantee shall submit to City such other information or reports
in such forms and at such times as City may reasonably request or
require.
(Prior code § 63086; added
by Ord. No. 1407CCS, adopted 4/28/87)
All reports subject to public disclosure shall be available
for public inspection at a designated City office during normal business
hours.
(Prior code § 63087; added
by Ord. No. 1407CCS, adopted 4/28/87)
The refusal, failure, or neglect of Grantee to file any of the
reports required, or such other reports as City reasonably may request,
shall be deemed a material breach of the franchise, and shall subject
Grantee to all remedies, legal or equitable, which are available to
City under the franchise or otherwise.
(Prior code § 63088; added
by Ord. No. 1407CCS, adopted 4/28/87)
Any materially false or misleading statement or representation
made knowingly by Grantee in any report required under the franchise
shall be deemed a material breach of the franchise and shall subject
Grantee to all remedies, legal or equitable, which are available to
City under the franchise or otherwise.
(Prior code § 63089; added
by Ord. No. 1407CCS, adopted 4/28/87)
All reports and records required under this or any other section
shall be furnished at the sole expense of Grantee.
(Prior code § 63090; added
by Ord. No. 1407CCS, adopted 4/28/87)
