(A) 
Inspection. The City shall have the right upon thirty (30) days advance written notice to inspect and copy at any time during normal business hours at the nearest cable system office or at such location within the City as the City may designate, all books, receipts, maps, plans, financial statements, contracts, service complaint logs, performance test results, records of requests for service, computer records, codes, programs, and disks or other storage media and other like material which the City deems appropriate in order to monitor compliance with the terms of this Chapter, a franchise agreement, or applicable law, or reasonably necessary for the exercise of any right or duty of the City under the same. This right includes the right to inspect not only the books and records of a franchisee, but any books and records the City deems relevant held by an affiliate, such books and records held by an affiliate regardless of who holds them, a cable operator of the cable system, or any contractor, subcontractor or any person holding any form of management contract for the cable system. Each franchisee shall be responsible for collecting the information and producing it. For purposes of this Chapter, the terms “books and records” shall be read expansively to include information in whatever format stored. Books and records requested shall be produced to the City at City Hall, except by agreement or pursuant to subsection (B) of this Section or SJBMC 5-20-720. Books and records shall be maintained in accordance with generally accepted accounting principles.
(B) 
Proprietary Information. Access to a franchisee’s books and records shall not be denied by the franchisee on the basis that said books and records contain proprietary information. However, all proprietary information received by the City from a franchisee and clearly marked as such shall not be publicly disclosed insofar as permitted by the California Public Records Act, Government Code 6254, et seq., and other applicable law. The City will notify franchisee if any third party seeks release of any document marked confidential and the City will withhold release for the maximum period permitted by law to provide the franchisee the opportunity to seek court protection against the release of the requested documents.
(C) 
Public Inspection. The franchisee shall maintain a file of records open to public inspection in accordance with applicable FCC rules and regulations.
(A) 
Agency Reports. Upon request, and except as provided under SJBMC 5-20-710, a franchisee shall file with the City in a form acceptable to the City all reports required by the FCC including, without limitation, any proof of performance tests and results, Equal Employment Opportunity (“EEO”) reports, and all petitions, applications, and communications of all types regarding the cable system, or a group of cable systems of which the franchisee’s cable system is a part, submitted or received by the franchisee, an affiliate, or any other person on the behalf of the franchisee, either to or from the FCC, the Security and Exchange Commission, or any other federal or state regulatory commission or agency having jurisdiction over any matter affecting operation of the franchisee’s cable system including, without limitation, notices of deficiency or forfeiture. Franchisee shall deliver to the City copies of 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. This material shall be submitted to the City within five (5) days of the date it is requested. Nothing herein requires the franchisee to produce regulatory or court filings that are treated by the agency or court as confidential, such as Hart-Scott-Rodino Act filings. Nothing in this subsection (A) affects any rights the City may have to obtain books and records under SJBMC 5-20-700.
(B) 
Automatic Delivery of Certain Documents. Franchisee shall also deliver to the City the following:
(1) 
Notices of deficiency or forfeiture related to the operation of the cable system; and
(2) 
Copies of 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. This material shall be submitted to the City at the time it is filed or within ten (10) days of the date it is received.
(A) 
Within forty-five (45) days of the end of each calendar quarter, a franchisee shall submit a report to the City containing the following information:
(1) 
The number of service calls (calls requiring a truck roll) received by type during the prior quarter, and the percentage of service calls compared to the subscriber base by type of complaint; and
(2) 
The number and type of outages known by the franchisee for the prior quarter, identifying separately the following: each planned outage, the time it occurred, its duration, and the estimated area and number of subscribers affected; each known unplanned outage, the time it occurred, its estimated duration and the estimated area and the number of subscribers affected, and if known, the cause; the total estimated hours of known outages as a percentage of total hours of cable system operation. An outage is a loss of sound or video on any signal, or a significant deterioration of any signal affecting two (2) or more subscribers; and other information a franchisee is required to submit to the City on a quarterly basis pursuant to this Chapter.
(B) 
Annual Reports. No later than ninety (90) days after the end of its fiscal year, a franchisee shall submit a written report to the City Manager in a form directed by the City Manager, which shall include:
(1) 
A summary of the previous year’s activities in the development of the cable system, including but not limited to descriptions of services begun or discontinued, the number of subscribers gained or lost for each category of service, the number of pay units sold, the amount collected annually from other users of the cable system and the character and extent of the services rendered to such users;
(2) 
A summary of complaints for which records are required under SJBMC 5-20-715, identifying both the number and nature of the complaints received and an explanation of their dispositions;
(3) 
A fully audited and or certified financial revenue report for franchisee from the previous calendar year, including year-end balance sheet; income statement showing subscriber revenue from each category of service and every source of non-subscriber revenue, line item operating expenses, depreciation expense, interest expense, and taxes paid; statement of sources and applications of funds; and depreciation schedule;
(4) 
A statement of all capital expenditures from the previous calendar year, including the cost of construction and of equipment;
(5) 
A projected income statement, balance sheet, statement of sources and applications of funds and statement of construction plans for the next two (2) years;
(6) 
A reconciliation between previously projected estimates, if any, included in a franchise application and actual results;
(7) 
An ownership report, indicating all persons who at any time during the preceding year did control or benefit from an interest in the franchisee of five percent (5%) at the time of the filing or own an interest in the franchisee of ten percent (10%) or more;
(8) 
A list of officers and members of the board of directors of the franchisee and any affiliates directly involved in the operation or the maintenance of the cable system;
(9) 
An organizational chart showing all corporations or partnerships with more than a ten percent (10%) interest ownership in the franchisee, and the nature of that ownership interest (limited partner, general partner, preferred shareholder, etc.); and showing the same information for each corporation or partnership that holds such an interest in the corporations or partnerships so identified and so on until the ultimate corporate and partnership interests are identified;
(10) 
An annual report of each entity identified in subsection (B)(9) of this Section which issues an annual report;
(11) 
A report on the cable system’s technical tests and measurements; and such other information as the City Manager or the City Council may direct;
(12) 
A complete report on its plant, which shall state the physical miles of plant construction and plant in operation during the fiscal year, including any revisions to the cable system “as-built” maps filed with the City, and which shall report the results of appropriate electronic measurements conducted in conformance with applicable law; and
(13) 
Such other information as the City Manager or the City Council may direct.
If, as of January 1st of any year, the information required by subsections (B)(4) through (B)(6) of this Section is the same as was reported to the City in the prior year, the franchisee need only so state. The annual report shall be presented at a regular public meeting of the City Council to be held no earlier than ten (10) days following submission of the report.
(C) 
Annual Plant Survey Report. The franchisee shall prepare and submit, each year, a complete survey of its plant and a full report thereon to the City Manager. The purpose of the report shall be to assure the City that the technical standards of the FCC are being maintained. This plant survey shall include the physical miles of plant construction and plant in operation during the fiscal year, including any revisions to the cable system “as-built” maps filed with the City, and appropriate electronic measurements and shall be conducted in conformance with such requirements, including supervision, as the City may devise.
(D) 
Special Reports. Franchisees shall deliver the following special reports:
(1) 
Each franchisee shall submit monthly construction reports for its cable system to the City after the franchise is awarded for any construction undertaken during the term of the franchise until such construction is complete, including any rebuild that may be specified in the franchise agreement. A franchisee must submit updated as-built system design maps to City within thirty (30) days of the completion of system construction in any geographic area. The maps shall be developed on the basis of post-construction inspection by the franchisee and construction personnel to assess compliance with system design. Any departures from design must be indicated on the as-built maps, to assist the City in assessing operator compliance with its obligations under the franchise agreement;
(2) 
A report submitted within thirty (30) days of the end of each calendar quarter showing the number of service calls received by type during the prior quarter, and the percentage of service calls compared to the subscriber base by type of complaint;
(3) 
A report submitted within thirty (30) days of the end of each calendar quarter showing the number of outages and service degradations for the prior quarter, and identifying separately each planned outage, the time it occurred, its duration, and the estimated area and number of subscribers affected; each unplanned outage or service degradation, the time it occurred, its estimated duration and the estimated area and the number of subscribers affected; and the total hours of outages and service degradations as a percentage of total hours of cable system operation; and
(4) 
Presentation of Report. The annual report shall be presented at a regular public meeting of the City Council to be held no earlier than ten (10) days following submission of the report.
(E) 
Special Reports. Upon the City’s request, each franchisee shall submit construction reports and make available for review updated as-built system design maps for its cable system for any construction undertaken during the term of the franchise. The maps shall be developed on the basis of post-construction inspection by the franchisee and construction personnel to assess compliance with system design. Any material departures from design must be indicated.
(F) 
General Reports. Each franchisee shall prepare and furnish to the City, at the times and in the form prescribed by the City, such reports with respect to its operation, affairs, transactions or property, as may be reasonably necessary or appropriate to the performance of any of the rights, functions or duties of the City in connection with this Chapter or a franchise agreement.
A franchisee shall at all times maintain:
(A) 
Complaints. Records of all complaints received with information sufficient to allow the franchisee to prepare the reports required in this Article. The term “complaints” as used herein and throughout this Chapter refers to complaints about any aspect of the cable system or franchisee’s operations, including, without limitation, complaints about employee courtesy. Complaints recorded may not be limited to complaints requiring an employee service call; requiring service calls, and complaints about employee courtesy, billing, prices, programming, outages and signal quality;
(B) 
Plans. A full and complete set of plans, records, and “as-built” maps showing the exact location of all system equipment installed or in use in the City, including subscriber service drops;
(C) 
Outages. Records of outages, indicating date, duration, area, and the estimated number of subscribers affected, type of outage, and cause;
(D) 
Service Calls. Records of service calls for repair and maintenance indicating the date and time service was required, 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;
(E) 
Installations. Records of installation/reconnection and requests for service extension, indicating date of request, date of acknowledgment, and the date and time service was extended; and
(F) 
Public File. A public file showing its plan and timetable for construction of the cable system.
If any books, records, plans, or other documents requested under this Chapter are too voluminous, or for security reasons cannot be copied and moved, then a franchisee may request that the inspection take place at some other location; provided, that:
(A) 
The franchisee must make necessary arrangements for copying documents selected by the City after review; and
(B) 
The franchisee must pay all travel and additional copying expenses incurred by the City in inspecting those documents or having those documents inspected by its designee.
Franchisee shall ensure that it is able to provide the City all information which must be provided or may be requested under this Chapter or a franchise agreement, including providing appropriate subscriber privacy notices. Nothing in this Article shall be read to require a franchisee to violate 47 U.S.C. § 551. Franchisee shall be responsible for preserving the confidentiality of any data that federal law prevents it from providing to the City. Records shall be kept for at least five (5) years.