(a) 
The city may require, pursuant to resolution adopted at least sixty days before the close of the grantee's fiscal year, that within sixty days after the close of the grantee's fiscal year, the grantee shall submit a written annual report, in a form approved by the city, including, but not limited to, the following information:
(1) 
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;
(2) 
A revenue statement, audited by an independent certified public accountant, or certified by an officer of the grantee;
(3) 
A statement of projected construction, if any, for the next two years;
(4) 
A list of the grantee's officers, members of its board of directors, and other principals of the grantee;
(5) 
A list of stockholders or other equity investors holding five percent or more of the voting interest in the grantee and its parents, if any, unless the parent is a public corporation whose annual reports are publicly available.
(b) 
In addition, at the city's request, the grantee shall submit to the city an annual plant survey report which shall include, but not be limited to:
(1) 
"As-built" maps of the portions of the franchise area that have been cabled and have all services available;
(2) 
A summary of the system indicating miles and homes passed;
(3) 
Annual proof of performance tests, in sufficient detail to enable the city to ascertain that the technical standards of the franchise are achieved and maintained.
(c) 
If the city has reason to believe that portions or all of the system do not materially comply with the technical standards incorporated into the franchise ordinance, at the city's request, but no more often than once per three years, the grantee and the city shall agree upon the appointment of a qualified independent engineer to evaluate and verify the technical performance of the cable television system. The cost of such evaluation shall be borne by the grantee if the evaluation indicates a material breach of the franchise, which shall be determined to exist if more than twenty-five percent of all test points measured materially fail to comply with the applicable technical requirements of the franchise ordinance.
(Ord. 1598 § 1, 1992)
(a) 
Copies of all reports materially adversely affecting the franchise submitted by the grantee to the FCC or any other federal or state agency shall be submitted to the city simultaneously with filing such reports with said agencies. The grantee's routine public correspondence to said agencies need not be automatically submitted to the city, but shall be made available to the city upon written request.
(b) 
All reports and records required under this or any other section shall be furnished at the sole expense of the grantee.
(Ord. 1598 § 1, 1992)
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)
(a) 
At the city's sole option, within ninety days of the third anniversary of the effective date of each franchise, and every three years thereafter throughout the term of the franchise, the city may hold a public hearing at which the grantee shall be present and shall participate, to review the performance and quality of service of the cable communications system. The reports required herein regarding subscriber complaints, the records of performance tests and the opinion survey report shall be utilized as the basis for review. In addition, any subscriber may submit comments or complaints during the review meetings, either orally or in writing, and these shall be considered.
(b) 
Within thirty days after the conclusion of the public hearing, the city shall issue a report with respect to system performance and quality of service. If any noncompliance with the franchise is found, the city may direct the grantee to correct the noncompliance within a reasonable period of time in accordance with the provisions of this chapter.
(c) 
Failure of the grantee, after due notice and opportunity to cure as set forth in this chapter, to correct the noncompliance shall be considered a breach of the franchise, and the city may, at its sole discretion, exercise any remedy within the scope of this chapter considered appropriate.
(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)