No person may construct, operate or repair a cable communications system in City without first obtaining a City franchise therefor from the City pursuant to the terms and provisions of this chapter, unless such person is acting on behalf of a franchisee as an authorized contractor or subcontractor.
(Ord. 649-05, 2005)
Any franchise shall be issued in the form of an ordinance and must be accepted by the franchisee pursuant to the terms of this chapter and the franchise to become effective.
(Ord. 649-05, 2005)
A franchise granted pursuant to this chapter shall authorize and permit a franchisee to construct, operate and repair a cable system, or an OVS (as applicable) pursuant to the terms of its franchise and this chapter to provide cable service in the City, and for that purpose to erect, install, construct, repair, replace, reconstruct, maintain facilities appurtenant to such system in, on, over, under, upon, across, and along the public rights-of-way.
A. 
A franchise shall not convey rights other than as expressly specified in this chapter, in the franchise; no rights shall pass by implication.
B. 
A franchise shall not be a substitute for:
1. 
Complying with requirements for the privilege of transacting and carrying on a business within the City, including, but not limited to, complying with the conditions the City may establish, if any, before constructing facilities for, or providing, non-cable services;
2. 
Any permit, agreement or authorization generally required by the City in connection with construction, operation or repair on or in public rights-of-way or public property, including by way of example and not limitation, street cut or encroachment permits;
3. 
Any permits or agreements for occupying any other property of the City or private entities to which access is not specifically granted by the franchise.
C. 
A franchise does not relieve a franchisee of its duty to comply with all City ordinances, resolutions, written policies, and regulations, and every franchisee must comply with the same. The rights granted under a franchise are subject to the exercise of police and other powers the City now has or may later obtain, including, but not limited to, the power of eminent domain. Nothing herein prevents a franchisee from raising a claim or defense that a particular provision of the City Charter, a City ordinance, resolution, written policy or regulation is unlawful or is unlawful as applied to the franchisee.
D. 
A franchise does not convey title, equitable or legal, in the public rights-of-way or public property. Any right granted to franchisee by a franchise shall not be subdivided or subleased to any other person or affiliate, unless specifically authorized by a franchise ordinance or applicable law.
(Ord. 649-05, 2005)
No franchise shall be exclusive, or prevent the City from issuing other franchises or authorizations, or prevent the City from itself constructing, operating, or repairing its own cable communications system. If the City issues a franchise to another party for the purpose of constructing and operating a cable communications system in the City, the City shall comply with the provisions of California Government Code Section 53066 as may be amended from time to time.
(Ord. 649-05, 2005)
Unless otherwise specifically stated in a franchise or required by law, all acts which a franchisee is required to perform under the franchise or applicable law must be performed at the franchisee's expense; provided, however that nothing in this section is intended to prevent or limit a franchisee from recovering franchise-related expense from subscribers or from offsetting costs against franchise fees as permitted by Federal law, or to recover costs from third parties as may be permitted.
(Ord. 649-05, 2005)
If an operator fails to perform work that it is required to perform within the time provided for performance, the City may perform the work or cause the work to be performed and bill the operator therefor. The operator shall pay the actual costs incurred within thirty days of receipt of billing statement or invoice from the City. Except in the case of urgent circumstances, the City shall provide the operator with ten days notice and opportunity to perform the work before the City acts pursuant to this section.
(Ord. 649-05, 2005)
A. 
The City may from time to time adopt regulations to implement the provisions of this chapter. This chapter, and any regulations adopted pursuant to this chapter, are not contracts with any franchisee, and may be amended at any time by the City.
B. 
The City Manager or designees are authorized to administer and enforce the provisions of this chapter and any franchise issued pursuant hereto, to provide any notices (including noncompliance notices), and to take any action on the City's behalf that may be required hereunder or under applicable law; provided, however that the City Council shall reserve to itself the authority to find a franchisee in noncompliance with a franchise, to assess liquidated damages or take other actions related to non-compliance against a franchisee, and to issue, transfer and revoke franchises.
C. 
The failure of the City, upon one or more occasions, to exercise a right or to require compliance or performance under a franchise or any other applicable law shall not be deemed to constitute a waiver of such right or a waiver of compliance or performance, unless such right has been specifically waived in writing.
D. 
The City may designate one or more persons, including itself, to control and manage the use of public, educational or government access channels, facilities and equipment.
(Ord. 649-05, 2005)
A. 
No transfer of a franchise, franchisee, or cable communications system, or of control over the same (including, but not limited to, transfer by forced or voluntary sale, merger, consolidation, receivership, or any other means) shall occur unless prior application is made by the franchisee to the City and the City's prior written consent is obtained, pursuant to this chapter and the franchise. The City shall not unreasonably withhold consent. Every franchise shall be deemed to be held in trust, and to be personal to the franchisee. Any transfer that is made without the prior approval of the City shall be deemed to impair that trust. The granting of approval for a transfer in one instance shall not render unnecessary approval of any subsequent transfer.
B. 
A change of control of a franchise, franchisee, or cable communications system will be deemed to have occurred whenever there is a change, acquisition or transfer of control of fifty percent or more ownership in the franchisee or its direct or indirect parents by any person, or a group of persons acting in concert. However, a transfer also occurs whenever there is a change in actual working control, in whatever manner exercised, over the affairs of a franchisee or its direct or indirect parents. Without limiting the above, any change in the general partners of a franchisee will be presumed a change in control.
C. 
Notwithstanding any other provision of this chapter, pledges in trust or mortgages of the assets of a cable communications system to secure the financing of the construction, operation, or repair of the system may be made without application and without the City's prior consent. However, no such arrangement may be made if it would in any respect under any condition: (1) prevent the cable communications system operator or any successor from complying with this chapter, the franchise or other applicable law or regulation; or (2) permit a third party to own or control the system or the franchise, without the prior consent of the City. Any mortgage, pledge or lease shall be subject to and subordinate to the rights of the City under any franchise, this chapter, or other applicable law.
(Ord. 649-05, 2005)
A. 
The construction, operation, and repair of cable communications systems shall be performed in compliance with all laws, ordinances, resolutions, departmental rules, regulations, written policies, and practices affecting such system. By way of example, and not limitation, this includes the City's zoning ordinance, ordinances, regulations and policies to preserve or protect the public safety, construction standards, regulations for providing notice to persons that may be affected by system construction, and directives governing the time, place and manner in which facilities may be installed in the public rights-of-way. Persons engaged in the construction, operation, or repair of cable communications systems shall exercise reasonable care in the performance of all their activities and shall use commonly accepted methods and devices for preventing failures and accidents that are likely to cause damage, injury, or nuisance to the public or to property.
B. 
A franchise is required before a permit may be issued for work associated with the construction, operation or repair of a cable communications system. Any permit issued for such work to a person that does not hold a franchise shall vest no rights in the permittee; the permit may be revoked at will, and the permittee shall remove all facilities installed under the permit upon and in full compliance with the City's demand.
C. 
Construction, operation, or repair of a cable communications system shall not commence until all required permits have been obtained from the proper the City officials and all required fees have been paid. All work performed will be performed in strict accordance with the conditions of the permit. Upon order of the City, any work and/or construction undertaken that is not completed in compliance with the City's requirements, or which is installed without obtaining necessary permits and approvals, will be remedied to meet such City requirements, or in event that it is not, shall be removed in accordance with the reasonable timeline set forth by the City. A franchisee shall reimburse the City for costs incurred in plan review and inspecting construction undertaken in the course of major upgrades and/or installation of fiber optics, pursuant to any requirements of the City that are generally imposed on users of the public right-of-way which are constructing projects of similar scope.
D. 
Interference with the use of the public rights-of-way by others, including others that may be installing cable communications systems, must be minimized. The City may require a person using the public rights-of-way to cooperate with others through joint trenching and other arrangements to minimize adverse impacts on public rights-of-way, provided that the City will not require any cooperation that would cause a franchisee to breach its franchise or incur any additional costs.
E. 
To the extent possible, operators of cable communications system shall use existing poles and conduit. Additional poles may not be installed in the right-of-way, nor may pole capacity be increased by vertical or horizontal extenders, without the permission of the City Engineer.
F. 
1. 
In those areas and portions of the City where the transmission or distribution facilities of both the public utility providing telephone service and those of the utility providing electric service are underground or hereafter may be placed underground, then the grantee shall likewise construct, operate and maintain all of its transmission and distribution facilities underground.
2. 
For the purposes of this subsection, "underground" includes a partial underground system, e.g., streamlining. Amplifiers and other devices commonly maintained above ground, in grantee's transmission and distribution lines may be in appropriate housings upon the surface of the ground as approved by the City Engineer.
3. 
Where the franchisee is required to underground, such undergrounding shall be pursuant to City standards approved by the City Engineer
G. 
Any and all public rights-of-way, other public property, or private property that is disturbed or damaged during the construction, operation or repair of a cable communications system shall be promptly repaired by the operator. Public property and public rights-of-way must be restored to the satisfaction of the City or to a condition as good or better than before the disturbance or damage occurred.
H. 
1. 
A cable communications system operator shall, by a time specified by the City, protect, support, temporarily disconnect, relocate, or remove any of its property when requested by the City by reason of traffic conditions; public safety; public right-of-way construction and repair (including regrading, resurfacing or widening); public right-of-way vacation; construction, installation or repair of sewers, drains, water pipes, power lines, signal lines, tracks, or any other type of government-owned system or utility, public work, public facility, or improvement; or for any other purpose where the work involved would be aided by the removal or relocation of the cable communications system, provided, however, that a system built by the City to provide services in competition with those of any franchisee shall be an exception to this provision. Collectively, such matters are referred to below as the "public work."
2. 
The City shall provide written notice describing where the public work is to be performed at least two weeks prior to the deadline by which a cable communications system operator must temporarily protect, support, temporarily disconnect, relocate or remove its facilities. The City must provide at least three months notice if the change is to be permanent. Provided that, in an emergency, or where a cable communications system creates or is contributing to an imminent danger to health, safety, or property, the City may protect, support, temporarily disconnect, remove, or relocate any or all parts of the cable communications system without prior notice, and charge the cable communications system operator for reasonable costs incurred.
I. 
1. 
To accommodate the construction, operation, or repair of the facilities of another person authorized to use the public rights-of-way or public property, a franchisee shall, by a time specified by such person, temporarily protect, support, disconnect, relocate or remove its facilities. The franchisee shall be given written notice describing where the construction, operation or repair is to be performed at least fifteen days prior to the time by which its work must be completed. If the change is permanent, franchisee shall be provided with at least three months advance written notice. The benefited party shall pay all costs of any temporary or permanent protection, support, disconnection, relocation or removal that is required of a franchisee pursuant to this provision, and the franchisee may require that such costs be paid prior to the performance of the work.
2. 
A cable communications system operator shall, on the request of any person holding a valid permit issued by a governmental authority, temporarily raise or lower its wires by a time specified to permit the moving of buildings or other objects. A cable communications system operator shall be given not less than seven days advance notice to arrange for such temporary wire changes. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same, and the franchisee may require that such costs be paid prior to the performance of the work.
J. 
1. 
A cable communications system operator may abandon any property in place in the public rights-of-way or upon public property upon written notice to the City and subject to City approval of the method of abandonment. However, if, within ninety days of the receipt of written notice of abandonment, the City determines, that the safety, appearance, functioning or use of the public right-of-way or public property and facilities in the public right-of-way or on public property will be adversely affected, the property must be removed by a date reasonably specified by the City given the extent of the work to be performed.
2. 
A cable communications system operator that abandons its property must, upon request, transfer ownership of the property to the City at no cost, and execute necessary quitclaim deeds; whether or not ownership is transferred, the operator must indemnify the City against future costs associated with mitigating or eliminating any hazard associated with the abandoned property.
K. 
Every cable communications system shall be subject to inspection and testing by the City. Each operator must timely and fully respond to requests for information regarding its system and plans for the system as the City may from time to time issue, including requests for information regarding its plans for construction, operation and repair and the purposes for which the plant is being constructed, operated, or repaired.
L. 
Each operator of a cable communications system that places facilities underground shall be a member of the regional notification center for subsurface installations (Underground Services Alert) and shall field mark the locations of its underground communications facilities upon request. The operator shall locate its facilities when requested by the City at no charge.
M. 
At least ninety days prior to commencing construction, each cable communications system operator shall provide the City a plan for any initial cable communications system construction, operation or repair which shall show its timetable for construction of each phase of the project, and the areas of the City that will be affected. Any substantial rebuild, update or extension of any existing cable communications system shall follow all permitting requirements of the City, and franchisee shall meet with the City on a monthly basis upon request to discuss the progress of such construction.
N. 
Upon request of the City, every cable communications system shall be required to interconnect with every other cable communications system within the City, or adjacent to the City, on fair and reasonable terms for purposes of providing PEG and I-Net services, to the extent provided in its franchise. In the event of a dispute, the Public Works Director may issue an order establishing the terms and conditions under which interconnection shall occur, and any franchisee shall comply with the order.
(Ord. 649-05, 2005)
A. 
No franchise shall be valid or effective until and unless the City obtains an adequate indemnity from the franchisee. The indemnity must, to the extent permitted by law:
1. 
Release the City from and against any and all liability and responsibility in or arising out of the construction, operation, repair or maintenance of the cable communications system by the franchisee or its agents, independent contractors or employees. Each cable communications system operator must further agree not to sue or seek any money or damages from the City in connection with the above mentioned matters; and
2. 
Indemnify and hold harmless the City, its trustees, elected and appointed officers, agents, and employees, from and against any and all claims, demands, or causes of action of any kind or nature, and the resulting losses, costs, expenses, reasonable attorneys' fees, liabilities, damages, orders, judgments, or decrees sustained by the City or any third party arising out of, or by reason of, or resulting from or of the acts, errors, or omissions of the cable communications system operator, or its agents, independent contractors or employees related to or in any way arising out of the construction, operation or repair of the system except those claims which arise out of the gross negligence or willful misconduct of the City.
B. 
A franchisee (or those acting on its behalf) shall not commence construction or operation of the cable communications system without first obtaining insurance in amounts and of a type satisfactory to the City. The required insurance must be obtained and maintained for the entire period the franchisee has facilities in the public rights-of-way or on public property. If the franchisee, its contractors, or subcontractors do not have the required insurance, the City may order such persons to stop operations until the insurance is obtained and approved.
C. 
Certificates of insurance, reflecting evidence of the required insurance and naming the City as an additional insured shall be filed with the City. For persons issued franchises after the effective date of the ordinance codified in this chapter, certificates and other required proofs shall be filed within thirty days of the issuance of a franchise, once a year thereafter, and whenever there is any change in coverage. For persons that have facilities in the public rights-of-way as of the effective date of said ordinance, the certificate shall be filed within sixty days of the effective date of said ordinance, annually thereafter, and whenever there is any change in coverage. Each franchisee's insurance coverage shall be primary insurance as respects the City. Any insurance or self-insurance maintained by the City shall be excess of the franchisee's insurance and shall not contribute with it.
D. 
Certificates shall contain a provision that coverage afforded under these policies will not be canceled until at least thirty days' prior written notice has been given to the City. Policies shall be issued by companies authorized to do business under the laws of the State of California. Financial ratings must be no less than "A" in the latest edition of "Bests Key Rating Guide," published by A.M. Best Guide.
E. 
A cable communications system operator (and those acting on its behalf to construct, operate or repair the system) shall maintain the following minimum insurance. The City shall be named as an additional insured on the general liability and automotive policies; those insurance policies shall be primary and contain a cross-liability clause.
1. 
Commercial general liability insurance to cover liability from bodily injury and property damage. Exposures to be covered shall include: premises, operations, products/completed operations, and certain contracts. Coverage must be written on an occurrence basis, with the following limits of liability:
a. 
Bodily Injury.
i. 
Each occurrence: one million dollars.
ii. 
Annual aggregate: three million dollars.
b. 
Property Damage.
i. 
Each occurrence: one million dollars.
ii. 
Annual aggregate: three million dollars.
c. 
Personal Injury.
Annual aggregate: three million dollars.
Completed operations and products liability shall be maintained for two years after the termination of the franchise (in the case of the cable communications system owner or operator) or completion of the work for the cable communications system owner or operator (in the case of a contractor or subcontractor).
Property damage liability Insurance shall include coverage for the following hazards: X - explosion, C - collapse, U - underground.
2. 
Workers' compensation insurance shall be maintained during the life of the franchise to comply with statutory limits for all employees, and in the case any work is sublet, each cable communications system operator shall require the subcontractors similarly to provide workers' compensation insurance for all the latter's employees unless such employees are covered by the protection afforded by each cable communications system operator. Each cable communications system operator and its contractors and subcontractors shall maintain during the life of this policy employers liability insurance. The following minimum limits must be maintained:
Workers' Compensation
Statutory
Employer's Liability
one million dollars per occurrence
3. 
Commercial auto liability.
a. 
Bodily injury.
i. 
Each occurrence: one million dollars.
ii. 
Annual aggregate: three million dollars.
b. 
Property damage.
i. 
Each occurrence: one million dollars.
ii. 
Annual aggregate: three million dollars.
Coverage shall include owned, hired, and non-owned vehicles.
F. 
As required in the franchise ordinance, every operator of a cable communications system shall obtain and maintain a performance bond to ensure the faithful performance of its responsibilities under this chapter and any franchise ordinance, in the amount set forth in the franchise ordinance. The bond shall be in a form acceptable to the City Attorney. The performance bond must be obtained prior to the effective date of any franchise or franchise renewal, unless a franchise specifically provides otherwise. In the event of a franchise transfer, the performance bond must be maintained by the operator so that there is no gap in coverage.
G. 
In the case of any franchise that requires the cable communications system operator to initially build, or to upgrade a system, a construction bond shall also be required in an amount sufficient to ensure that the required construction is satisfactorily completed, such amount to be set forth in the franchise. The amount of the construction bond may be reduced or eliminated upon successful completion of the required construction; provided, however, that the City may require a construction bond pursuant to its generally applicable requirements for any subsequent construction performed in the public right-of-way. Any bond required hereunder shall be in a form acceptable to the City Attorney. Bonds required by this subsection must be obtained prior to commencement of the work to be performed in the public rights-of-way for which the bond is issued. In the event of a franchise transfer, bonds covering any construction under-way shall be maintained by the operator so that there is no gap in coverage.
H. 
Every cable communications system operator shall establish and maintain a cash security fund or provide the City an irrevocable letter of credit in an amount specified in the franchise to secure the payment of fees owed, to secure any other performance promised in a franchise, and to pay any taxes, fees or liens owed to the City. The letter of credit shall be in a form and with an institution acceptable to the City's Director of Finance and in a form acceptable to the City Attorney. Should the City draw upon the cash security fund or letter of credit, the cable communications system operator shall, within fourteen days, restore the fund or the letter of credit to the full required amount. This security fund/letter of credit may be waived or reduced by the City for a franchisee where the City determines in its discretion that a particular franchisee's operations are sufficiently limited that a security fund/letter of credit is not necessary to secure the required performance. The City may from time to time require a franchisee to change the amount of the required security fund/letter of credit to reflect changed risks to the City and to the public, including delinquencies in taxes or other payments to the City. The cash security fund or letter of credit must be obtained prior to the effective date of any franchise or franchise renewal, unless a franchise specifically provides otherwise. In the event of a franchise transfer, the cash security fund or letter of credit must be maintained by the operator so that there is no gap in coverage.
I. 
A franchise ordinance may provide that the performance bond requirements set forth in Section 5.28.450(F) and the security fund requirements set forth in Section 5.28.450(H) may be satisfied by a single bond instrument an amount provided in a franchise ordinance and in a form satisfactory to the City.
(Ord. 649-05, 2005)
A. 
The City Council may revoke a franchise if it finds, after a hearing, that a cable communications system operator has not complied with any material provision of this chapter or its franchise, has repeatedly failed to comply with its franchise, has defrauded or attempted to defraud the City or subscribers, or has attempted to evade the requirements of this chapter or its franchise. Before conducting a hearing to revoke the franchise: (1) the City Manager must have given written notice of a claimed violation, breach, default or failure, which identifies the claimed violation, breach, default or failure with enough specificity for it to be cured; and (2) the franchisee must have been given thirty days to cure the claimed default, or, if the franchisee demonstrates to the City's satisfaction the default cannot be cured in thirty days, franchisee must submit and implement a plan to cure the default within a reasonable period, except as provided herein. An opportunity to cure is not required where the City finds that the defect in performance is due to willful misconduct, is an adjudicated violation of criminal law. The franchisee will be given at least thirty days notice of the hearing date, and will be provided an opportunity to be heard at the hearing.
B. 
The City may also revoke a franchise without opportunity to cure where: (1) a franchisee voluntarily stops providing service it is required to provide under the franchise ordinance for a period of seven days; or (2) a transfer described under Section 5.28.380 occurs without the prior consent of the City and the transfer is not nullified or steps are not taken to secure the City's approval within thirty days of notice by the City to do so.
C. 
A franchise will terminate automatically by force of law one hundred twenty calendar days after an assignment for the benefit of creditors or the appointment of a receiver or trustee to take over the business of the franchisee, whether in a receivership, reorganization, bankruptcy assignment for the benefit of creditors, or other action or proceeding. However, the franchise may be reinstated within that one hundred twenty day period, if: (1) such assignment, receivership or trusteeship has been vacated; or (2) such assignee, receiver or trustee has fully complied with the terms and conditions of this chapter and the franchise, and has executed an agreement, approved by any court having jurisdiction, assuming and agreeing to be bound by the terms and conditions of this chapter and the franchise. In the event of foreclosure or other judicial sale of the cable communications system or any part thereof, the City may revoke the franchise following a public hearing before the City Council, by serving notice upon the franchisee and the successful bidder at the sale, in which event the franchise and all rights and privileges thereunder will be revoked and will terminate thirty calendar days after serving such notice, unless: (1) the City has approved the transfer of the franchise to the successful bidder; and (2) the successful bidder has covenanted and agreed with the City to assume and be bound by the terms and conditions of the franchise and this chapter, subject to applicable law.
D. 
Upon termination or forfeiture of a franchise, whether by action of the City as provided above, or by passage of time, the City may do one or a combination of the following.
1. 
The franchisee must, as the City so directs, stop using the cable communications system for the purposes authorized by the franchise.
2. 
The City may require the former franchisee to remove all of a portion of its facilities and equipment at the former franchisee's expense, subject to franchisee's right to abandon property in place. If the former franchisee fails to do so within a reasonable period of time, the City may have the removal done at the former franchisee's and/or surety's expense.
3. 
The City, by resolution of the City Council, may acquire ownership or effect a transfer of all or a portion of the cable communications system at prices and under conditions contemplated in 47 U.S.C. Section 547.
4. 
Subsection (D)(3) of this section does not apply to abandonment. If a cable communications system or any part thereof is abandoned by franchisee, the City may require the franchisee to transfer title to the all of some of the abandoned portions to it at no charge, free and clear of encumbrances, and the same will become the City's property and the City may keep, sell, assign, or transfer all or part of the assets of the cable communications system, or otherwise dispose of those assets as it sees fit.
5. 
Notwithstanding the foregoing, the City may not, pursuant to this section, issue an order that violates 47 U.S.C. Section 541(b)(3)(C) .
E. 
Remedies provided for under this chapter or under a franchise ordinance shall be cumulative, may be used singly or in combination, and are in addition to all other remedies which may be available to the City at law or equity; provided, however, that the City is not entitled to recover damages for the same act or omission under multiple remedies where doing so would result in a double recovery of damages by the City for the same harm. Recovery by the City of any amounts under insurance, the performance bond, the security fund or letter of credit, or otherwise does not limit in any way a franchisee's duty to indemnify the City nor shall such recovery relieve a franchisee of its franchise obligations, limit the amounts owed to the City, or in any respect prevent the City from exercising any other right or remedy it may have.
F. 
Each franchise shall contain a provision specifying liquidated damages payable to the City in the event of a breach of a franchise obligation where damages would otherwise be difficult to ascertain.
(Ord. 649-05, 2005)
A. 
The City shall have the right to inspect and copy books and records: related in whole or in part to the construction, operation or repair of the cable communications system; that the City deems relevant to monitoring compliance with the terms of this chapter, a franchise or applicable law; or that the city deems relevant to the exercise of any right or duty of the City under the same. Each cable communications system operator is responsible for maintaining control over such books and records whether created by franchisee, or by those acting on its behalf. It is responsible for producing these records upon the City's request, for the City's inspection and copying. The records that franchisee must produce shall include, but are not limited to revenue records, and other records related to compliance with any provision of this chapter or a franchise. Books and records must be maintained for a period of five years, except that a franchise may specify a shorter period for certain categories of voluminous books and records where the information contained therein can be derived simply from other materials. The phrase "books and records" shall be read expansively to include information in whatever format stored, and the City shall have the right to request production of books and records in any such format.
B. 
Books and records requested shall be produced to the City by a time and at a location in the City designated by the City Manager. However, if the requested books and records 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 mutually agreed to by the City and the franchisee, provided that: (1) the franchisee must make necessary arrangements for copying documents selected by the City after its review; and (2) the franchisee must pay all travel and additional copying expenses incurred by the City (above those that would have been incurred had the documents been produced in City) in inspecting those documents or having those documents inspected by its designee.
(Ord. 649-05, 2005)
A. 
Upon request from the City Manager, a franchisee shall prepare reports related to the provisions of this chapter or the franchise, in addition to those required by this chapter. The reports shall be submitted by a date certain, and in a format requested by the City Manager, provided that the City Manager in his or her discretion may accept reports prepared in the ordinary course of business by franchisee.
B. 
Within thirty days of the end of each calendar quarter, a franchisee shall submit a report to the City containing the following information for the previous calendar quarter:
1. 
Telephone answering statistics.
2. 
The total estimated hours of known outages as a percentage of total hours of operation. An outage is a loss of sound or video on any signal, or a significant deterioration of any signal affecting three or more subscribers.
C. 
Upon written request by the City Manager, no later than sixty days after the end of each calendar year, a franchisee shall submit the following information for the previous calendar year, except that the information required by subsection (C)(3) of this section need only be provided where there has been a change from the preceding year:
1. 
A certified set of financial statements prepared in compliance with GAAP from the previous calendar year for the cable communications system, including a certified statement setting forth the computation of gross revenues used to calculate the franchise fee for the preceding year and a detailed explanation of the method of computation showing: (a) gross revenues by category (e.g., basic, pay, pay-per-view, advertising, installation, equipment, late charges, miscellaneous, other); and (b) what, if any, deductions were made from gross revenues in calculating the franchise fee (e.g., bad debt, credits and refunds), and the amount of each deduction.
2. 
A report showing, for each applicable customer service standard, the franchisee's performance with respect to that standard for each quarter of the preceding year. In each case where franchisee concludes it did not comply fully, the franchisee will describe the corrective actions it is taking to assure future compliance. In addition, the report should identify the number and nature of the escalated customer service complaints received and an explanation of their dispositions.
3. 
An ownership report, indicating all persons who at the time of filing control or own an interest in the franchisee of ten percent or more.
4. 
A report showing the number of current subscribers.
D. 
Within ten days of their receipt or (in the case of documents created by the cable communications system operator or a person acting on its behalf) filing, a franchisee shall provide City:
1. 
Notices of deficiency or forfeiture related to the operation of the cable communications system; and
2. 
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.
(Ord. 649-05, 2005)
Each franchisee shall maintain accurate maps and improvement plans that show the routing and a general description of all its facilities installed in the public rights-of-way or on public property and any commercial power supply sources (including voltages and connections). Each franchisee shall provide a map to the City showing the routing of its facilities, in such detail and scale as may be directed by the City's Director of Public Works, and update the map whenever the facility expands or is relocated. Copies of maps shall be provided on disk, in a commercially available electronic format specified by the City's Director of Public Works. Such maps shall be considered confidential and proprietary.
(Ord. 649-05, 2005)
Unless the City Manager specifically waives the requirement in writing, a franchisee shall maintain for, a period of three years:
A. 
Records of all escalated customer service complaints their nature and resolution, complying with subscriber privacy laws;
B. 
Records of outages known to the franchisee, their cause and duration;
C. 
Records of service calls for repair and maintenance indicating the nature of the call for service, the date and time service was requested, 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;
D. 
Records of installation/reconnection and requests for service extension, indicating date of request, date of acknowledgment, and the date and time service was extended;
E. 
Records sufficient to show whether the franchisee has complied with each customer service standard that applies to it.
(Ord. 649-05, 2005)
The City Manager may temporarily exempt any franchisee from its obligations under Sections 5.28.430 through 5.28.450 if the City Manager determines that the requirement would be unduly burdensome or unnecessary, and that City and subscriber interests may be adequately protected in some other manner.
(Ord. 649-05, 2005)
A franchisee shall take all reasonable steps required so that it is able to provide reports, books and records to the City, including by providing appropriate subscriber privacy notices. Each franchisee shall be responsible for redacting data that applicable law prevents it from providing to the City. Nothing in this section shall be read to require a franchisee to violate state or Federal subscriber privacy laws.
(Ord. 649-05, 2005)
The franchise fee paid pursuant to Section 5.28.580, and the fee in lieu of franchise fee paid pursuant to Section 5.28.600 shall be paid quarterly unless otherwise specified in a franchise. Payment for each quarter shall be made to the City by check or electronic transfer not later than forty-five days after the end of each calendar quarter.
B. 
Each payment made pursuant to subsection A of this section shall be accompanied by a statement of how the payment was calculated, including gross revenues and deductions from gross revenues.
C. 
Unless otherwise expressly stated by the City, no acceptance by City of any payment shall be construed as an accord that the amount paid is in fact the correct amount, nor shall such acceptance of such payment be construed as a release of any claim the City may have for additional sums payable or otherwise related to that payment.
D. 
Neither the franchise fee under Section 5.28.580, nor the fee paid in lieu of the franchise fee under Section 5.28.600, is a payment in lieu of any tax, fee or other assessment that can be lawfully assessed by the City in addition to a franchise fee.
E. 
In the event that a fee payment is not received by the City on or before the due date set forth in this section or in a franchise, or the fee owed is not fully paid, the person subject to the fee will be charged interest on the outstanding amount owed from the due date at an interest rate equal to three percent above the rate for three-month Federal Treasury Bills at the most recent United States Treasury Department sale of such Treasury Bills occurring prior to the due date of the franchise fee payment.
F. 
Within ninety days of the date a franchisee ceases operations under a franchise (whether because of franchise termination, transfer, bankruptcy or for any other reason), the franchisee (or its successor in interest) shall: (1) make a final franchise fee payment, covering the period from the end of prior calendar quarter to date the franchisee ceased operations; and (2) file a final statement of gross revenues covering the period from the beginning of the calendar year in which the operations ceased to the date operations ceased. The statement shall contain the information and be certified as required by subsection C of this section.
(Ord. 649-05, 2005)