Chapter 30.28


30.28.010    Open books and records.

30.28.020    Inspection of books and records.

30.28.030    Rate schedule.

30.28.040    Annual report.

30.28.050    Communications with regulatory agencies.

30.28.060    Confidentiality.

30.28.010 Open books and records.

(a)    A franchisee shall manage all of its cable system operations in accordance with a policy of open books and records.

(b)    The city shall retain throughout the life of any franchise the right to require such information pertaining to the operation of the franchise as it reasonably deems useful or necessary to ensure compliance with the terms of the franchise agreement and applicable law. (Ord. 4206 § 1 (part), 2009)

30.28.020 Inspection of books and records.

(a)    The city may inspect the records of a franchisee relating to the operation of the cable system in the franchise area during normal business hours. Such documents may include, but are not limited to, such information as financial records, subscriber records, and appropriate information and plans pertaining to a franchisee’s operation in the city.

(b)    Such inspections shall be conducted in a manner that will not unreasonably disrupt the franchisee’s normal operations.

(c)    If any books or records that relate to the cable system are not kept in the city, the franchisee shall pay all reasonable and necessary expenses incurred in making the inspection. (Ord. 4206 § 1 (part), 2009)

30.28.030 Rate schedule.

Upon written request by the city, a franchisee shall submit a complete schedule of all present rates charged to all subscribers. (Ord. 4206 § 1 (part), 2009)

30.28.040 Annual report.

A franchisee shall furnish an annual report of its activities as appropriate within ninety days of the end of its calendar year. Such report shall include:

(a)    The most recent annual report;

(b)    A copy of the 10-K Report, if required by the Securities and Exchange Commission;

(c)    The number of homes passed;

(d)    The number of subscribers with basic service;

(e)    The number of subscribers with cable programming service, as that term is defined in 47 U.S.C. 543(l)(2);

(f)    The number of subscribers with premium services;

(g)    The number of installations in the period;

(h)    The number of disconnects in the period;

(i)    A summary of escalated or repeated complaints received by category, length of time taken to resolve and action taken to provide resolution;

(j)    A statement of its current billing practices and a sample copy of the bill format;

(k)    A current copy of its subscriber service contract; and

(l)    Such other reports as the city deems necessary. (Ord. 4206 § 1 (part), 2009)

30.28.050 Communications with regulatory agencies.

(a)    A franchisee shall file with the city all reports and materials submitted to or received from the following agencies by the franchisee or its affiliates that relate specifically to the cable system or could affect the franchisee’s operations within the boundaries of the city: the FCC, the Securities and Exchange Commission, and any other federal or state regulatory commission or agency having jurisdiction over any matter affecting operation of the franchisee’s cable system.

(b)    Materials filed with city pursuant to subsection (a) of this section shall be filed as follows: Materials submitted by the franchisee or an affiliate shall be filed with city at the time they are submitted to the receiving agency. Materials received by the franchisee shall be filed with city within thirty days of the date they are received by the franchisee, except that if applicable law permits a response to such materials by the city and sets a deadline of sixty or fewer days for the city’s response, they shall be filed with city within five days of the date they are received by the franchisee. (Ord. 4206 § 1 (part), 2009)

30.28.060 Confidentiality.

(a)    To the extent permitted by applicable law, the city shall maintain the confidentiality of any trade secrets or other proprietary information received from a franchisee, and such records shall be exempt from inspection under this section to the extent required by applicable law regarding subscriber privacy.

(b)    If a franchisee clearly and appropriately identifies information as confidential or proprietary, then to the maximum extent permissible under applicable federal, state, and local laws related to public records, the city may not disclose that information to the public.

(c)    If city determines that requested information is not clearly or appropriately identified, or that disclosure is otherwise required by law, city shall notify the franchisee that city intends to disclose the requested information unless ordered otherwise by a court. (Ord. 4206 § 1 (part), 2009)