The refusal, failure, or neglect of the grantee to file any
of the reports required under this chapter, where such refusal, failure
or neglect is not remedied following due notice and an opportunity
to cure as provided in this chapter, or the inclusion of any materially
false or misleading statement or representation made knowingly by
the grantee in such report, shall be deemed a material breach of the
franchise, and shall subject the grantee to all remedies, legal or
equitable, which are available to the city under the franchise or
otherwise.
(Ord. 1598 § 1, 1992)
A copy of each of the grantee's annual and other periodic public
financial reports and those of its parent, subsidiary and affiliated
corporations and other entities, as the city requests, shall be submitted
to the city within thirty days after receipt of a request.
(Ord. 1598 § 1, 1992)
The grantee shall allow the city to make inspections of any
of the grantee's facilities and equipment relevant to the franchise
at any time upon reasonable notice, or, in a case of emergency, upon
demand without prior notice.
(Ord. 1598 § 1, 1992)
The grantee shall provide the city with a copy of all subscriber
satisfaction surveys conducted by the grantee.
(Ord. 1598 § 1, 1992)
To address technological, economic, and regulatory changes in
the state of the art of cable communications, to facilitate renewal
procedures, and to promote flexibility in the cable system, the following
system and services review procedures are hereby established:
(1) At the city's sole option, the city may hold a public hearing on
or about the fifth anniversary date of the franchise ordinance at
which the grantee shall be present and shall participate, to review
the cable communications system and services. Subsequent system and
services review hearings may be scheduled by the city each three years
there-after.
(2) Sixty days after receiving notice from the city, the grantee shall
submit a report to the city indicating the following:
(A) Information reasonably available to the grantee identifying cable
system services reported in cable industry trade journals that are
being commonly provided on an operational basis, excluding tests and
demonstrations, to communities in the United States with comparable
populations, that are not provided to the city.
(B) Any specific plans for provision of such new services by the grantee.
(3) Topics for discussion and review at the system and services review
hearing shall include, but shall not be limited to, services provided,
economic and technical feasibility of providing new services, application
of new technologies, system performance, programming, subscriber complaints,
user complaints, rights of privacy, amendments to the franchise, under
grounding processes, developments in the law, and regulatory constraints.
(4) Either the city or the grantee may select additional topics for discussion
at any review hearing.
(5) Not later than sixty days after the conclusion of each system and
service review hearing, the city shall issue a report, including specifically
a listing of any cable services not then being provided to the city
that are considered technically and economically feasible and for
which there is a demonstrated need among the grantee's subscribers
in relation to the cost thereof. The city may request, but not require,
the grantee to provide such services within a reasonable time.
(Ord. 1598 § 1, 1992)