§ 50-181. Information availability.  


Latest version.
  • (a)

    Throughout the term of this franchise, the grantee shall maintain books and records in accordance with normal and accepted bookkeeping and accounting practices for the cable communications industry, and, subject to applicable laws regarding subscriber privacy, allow inspection and copying of the same at reasonable times. The books and records to be maintained by the grantee shall include the following:

    (1)

    A record of all requests for service;

    (2)

    A record of all subscriber or other complaints and the action taken;

    (3)

    A file of all subscriber contracts; provided, however, that the grantee shall not have to disclose subscriber records which would tend to invade subscriber privacy;

    (4)

    The grantee policies, procedures and company rules; and

    (5)

    Financial records, pursuant to the terms and conditions of the franchise agreement.

    (b)

    Upon the city giving the grantee at least five business days' notice, the grantee shall provide the city the opportunity for inspections of any books or records of the grantee.

    (c)

    The grantee shall file with the city, at the time of its payment of the franchise fee, the following:

    (1)

    A quarterly financial statement, certified by the grantee as correct, showing in such detail as required by the franchise agreement the gross operating revenues of the grantee for the period to which the fee relates and such other financial information required by the franchise agreement.

    (2)

    An annual certified financial statement prepared by the chief financial officer of the grantee's corporation who is a certified public accountant showing in such detail as may be required by the franchise agreement, the gross operating revenues of the grantee for the period to which the annual fee relates and such other financial information as required by the franchise agreement.

    (3)

    A current list of names and addresses of each officer and director and other managerial and supervisory personnel, as well as each shareholder, having legal or beneficial ownership of one percent or more of the grantee's stock if changed from a prior filing.

    (4)

    A copy or list of each document filed with all federal, state and local agencies during the preceding fiscal year and not previously filed with the city. The grantee shall provide copies of any document listed, upon request, without charge to the city, provided that said document is relevant to the operation of the franchise in the city.

    (5)

    A statement of its current billing practices if changed from a prior filing.

    (6)

    A copy of its current rules if changed from a prior filing.

    (7)

    A copy of its current subscriber service contract if changed from a prior filing.

    (d)

    The city, its agent and representatives shall have authority to arrange for and conduct an audit of and copy the books and records of the grantee; provided, however, that all books and records so audited shall remain the sole and exclusive property of the grantee. The grantee shall first be given ten days notice of the audit request, the description of and purpose for the audit, and the description, to the best of the city's ability, of the books, records and documents it wishes to review.

(Ord. No. 1998-05, 9-28-1998; Code 1982, § 7.15-37)