A.
Grantee
shall at all times maintain:
1.
A
record of all formal written complaints received and interruptions
or degradation of service experienced for the preceding two years,
provided that such complaints result in or require a service call,
or concern the conduct of an employee of the grantee while performing
a service call;
2.
A
full and complete set of plans, records and "as-built" maps showing
the location of the cable television system installed or in use in
the city, exclusive of subscriber service drops and equipment provided
in sub-scribers' homes;
3.
A
record of service calls, identifying the number, general nature and
disposition of such calls, on a monthly basis. A summary of such service
calls shall be available to the grantor, upon request, within sixty
days following the end of each calendar quarter in a form reasonably
acceptable to the grantor.
B.
The
grantor may impose reasonable requests for additional information,
records and documents from time to time, provided they reasonably
relate to the scope of the city's rights under this chapter or the
grantee's franchise agreement.
(Ord. 993 § 1, 1994)
Upon prior written notice, but in no event more than twice in
any calendar year, grantee shall permit examination by any duly authorized
representative of the grantor, of all franchise property and facilities,
together with any appurtenant property and facilities of grantee situated
within or without the city, and all records relating to the franchise,
provided they reasonably relate to the scope of the city's rights
under this chapter or the grantee's franchise agreement, subject to
grantor's written agreement to maintain confidential, trade secret
or proprietary information, and further subject to grantee's right
to protect information not subject to discovery under standards of
civil litigation.
(Ord. 993 § 1, 1994)
Within thirty days after request by grantor, grantee shall submit
an annual plant survey report with respect to the preceding calendar
year which shall be a complete survey of grantee's plant and a full
report thereon. The requirements of this provision shall be satisfied
by grantee providing copies of the system's most recent proof of performance
reports prepared in accordance with the FCC's technical standards.
(Ord. 993 § 1, 1994)
If grantee is publicly held, a copy of each grantee's annual
and other periodic reports and those of its parent, shall be submitted
to grantor within forty-five days of request by grantor.
(Ord. 993 § 1, 1994)
A.
All
reports, fillings, documents or responses required of the grantee
under this chapter or its franchise agreement shall be provided by
the grantee to the city within the period required therefor and shall
contain the information specified, provided that the preparation of
any such report, filing, document or response does not require excessive
time, cost or commitment of personnel and such report, filing, documents
or response is reasonably related to the obligations of the grantee
under this chapter or its franchise agreement.
B.
The
wilful refusal, failure, or neglect of grantee to file any of the
reports required as and when due under this chapter, may be deemed
a material breach of the franchise agreement if such reports are not
provided to grantor within thirty days after written request therefor,
and may subject the grantee to all remedies, legal or equitable, which
are available to grantor under the franchise or otherwise.
C.
Any
materially false or misleading statement or misrepresentation made
knowingly and wilfully by the grantee in any report required under
this chapter or under the franchise agreement may be deemed a material
breach of the franchise and may subject grantee to all remedies, legal
or equitable, which are available to grantor under the franchise or
otherwise.
(Ord. 993 § 1, 1994)
