Agoura Hills Municipal Code Part 4 Reporting Requirements

Within ninety (90) days after request from grantor, grantee shall submit a written annual report to grantor with respect to the preceding calendar year in a form approved by grantor, including, but not limited to, the following information:

(a) A summary of the previous year's (or in the case of the initial reporting 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;

(b) A current statement of costs of construction by component categories;

(c) A list of grantee's officers, members of its board of directors, and other principals of grantee;

(d) A list of stockholders or other equity investors holding five (5) percent or more of the voting interest in grantee and its parent, subsidiary, and affiliated corporations and other entities, if any;

(e) An indication on a map of those areas where service is planned, and a schedule describing the planned implementation;

(f) Maps or lists indicating where any type of special service is available;

(g) The following numbers shall be supplied: single-family homes passed, single-family subscribers, multiple-dwelling unit subscribers receiving basic cable service on a bulk basis, commercial subscribers, additional television outlets, and penetration of basic cable service in the city;

(h) A listing of any expansion of the cable system, including a measure, in miles of cable, of such expansion. Designations shall be included to identify expansions to new developments; and

(i) Copies of blank subscriber agreement forms shall be furnished to grantor for reference.

(Ord. No. 198, § 1, 10-9-91)

Within thirty (30) 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. This report shall include, but not be limited to, an appropriate engineering evaluation including relevant electronic measurements. This report shall be in sufficient detail to enable grantor to ascertain that technical standards of the FCC and/or the franchise are achieved and maintained.

Grantee shall submit to grantor copies of all pleadings, applications and reports submitted by grantee to, as well as copies of all decisions, correspondence, and actions by any federal, state, or local court, regulatory agency, or other governmental body which are non-routine in nature and which will materially affect its cable television operations within the franchise area. Grantee shall submit such documents to grantor simultaneously with their submission to such court, agency, and/or body; or within five (5) days after their receipt from such court, agency, and/or body. Information otherwise confidential by law and so designated by grantee, which is submitted to grantor, shall be retained in confidence by grantor and its authorized agents and shall not be made available for public inspection.

(Ord. No. 198, § 1, 10-9-91)

If grantee is publicly held, a copy of each of grantee's annual and other periodic reports, and those of its parent, shall be submitted to grantor within forty-five (45) days of request by grantor.

(Ord. No. 198, § 1, 10-9-91)

(a) A summary of grantee's monthly record of service calls, identifying the number, general nature, and disposition of such calls shall be submitted to grantor within sixty (60) days following each calendar quarter in a form reasonably acceptable to grantor.

(b) The grantee shall furnish to grantor results of any opinion survey conducted by grantee which identifies satisfaction or dissatisfaction with grantee's cable service among subscribers within the city. Results of such survey shall be furnished to grantor within thirty (30) days following completion of the survey.

(1) Upon request of grantor, but requested no more frequently than annually, grantee shall conduct a subscriber satisfaction survey pertaining to quality of service, which may be transmitted to subscribers in subscriber statements for cable services. Form and content of such survey shall be reasonably acceptable to grantor. Costs of such survey shall be borne by grantee.

(2) Upon request of grantor, but requested no more frequently than once every three (3) years, grantee shall conduct a subscriber survey directed towards satisfaction with programming, which may be transmitted to subscribers in subscriber statements for cable services. Form and content of such survey shall be reasonably acceptable to grantor. Costs of such survey shall be borne by grantee.

(Ord. No. 198, § 1, 10-9-91)

Upon grantor's request, but no more frequently than annually, grantee shall submit to grantor an annual report indicating the degree of compliance with privacy provisions contained herein and all steps taken to assure that privacy rights of individuals have been protected.

(Ord. No. 198, § 1, 10-9-91)

All reports required under this Part IV, except those confidential by law, shall be available for public inspection in grantor's offices during normal business hours.

(Ord. No. 198, § 1, 10-9-91)

(a) All reports and records required under this or any other section herein shall be furnished at grantee's sole expense, except as otherwise provided in this chapter or grantee's franchise agreement.

(b) The willful refusal, failure, or neglect of grantee to file any report required as and when due under this chapter may be deemed a material breach of grantee's franchise if such report is not provided to grantor within thirty (30) days after written request therefor, and may subject grantee to all remedies, legal or equitable, which are available to grantor under grantee's franchise or otherwise.

(c) Any materially false or misleading statement or representation made knowingly and willfully by grantee in any report required under this chapter or under the franchise agreement may be deemed a material breach of the franchise agreement, and may subject grantee to all remedies, legal or equitable, which are available to grantor under the franchise agreement or otherwise.

(Ord. No. 198, § 1, 10-9-91)

Each year throughout the term of the franchise, if requested by grantor, grantor and grantee shall meet publicly to review system performance and quality of service.

The various reports required pursuant to this chapter shall be utilized as the basis for this review. In addition, any subscriber may submit comments or complaints during the review meetings, either orally or in writing, and these shall also be considered. Within thirty (30) days after conclusion of a system performance review meeting, grantor may issue findings with respect to adequacy of system performance and quality of service.

If it is determined that grantee is not in compliance with requirements of this chapter or grantee's franchise, grantor may direct grantee to correct areas of noncompliance within a reasonable period of time. Failure of grantee, after due notice, to correct areas of noncompliance within the period specified therefor or to commence compliance within such period and diligently achieve compliance thereafter shall be considered a material breach of the franchise, and grantor may levy any penalty within the scope of this chapter or the franchise agreement which it considers appropriate.

(Ord. No. 198, § 1, 10-9-91)

(a) When there have been similar complaints made or where there exists other evidence which, in the judgment of grantor, casts reasonable doubt on reliability or quality of cable service to the effect that grantee is not in compliance with requirements of this chapter or its franchise, grantor shall have the right to compel grantee, at grantee's cost, to test, analyze, and report on performance of the system in order to protect the public against substandard cable service. Such test or tests shall be made and the report thereof shall be delivered to grantor no later than thirty (30) days after grantor notifies grantee that it is exercising such right. Such report shall include the following information: the nature of the complaints which precipitated the special tests; what system component was tested; equipment used and procedures employed in said testing; results of such tests; and method by which such complaints were resolved. Any other information pertinent to the special test shall be recorded.

(b) Said tests and analyses shall be supervised, at grantee's expense, and if requested by grantor, by a professional engineer selected by grantee who is not on the permanent staff of grantee. The engineer shall sign all records of such special tests and forward such records to grantor with a report interpreting test results and recommending actions to be taken.

(c) In lieu of compelling grantee to perform the abovereferenced tests, grantor may, at its expense, appoint a qualified independent engineer to evaluate technical performance of the system.

(Ord. No. 198, § 1, 10-9-91)

Grantor may hold special evaluation sessions at any time during the term of a franchise, provided such sessions are held no more often than once every three (3) years. grantee shall be notified of the place, time, and date thereof and topics to be discussed. Such sessions shall be open to the public and advertised in a newspaper of general circulation at least thirty (30) days before each session.

(Ord. No. 198, § 1, 10-9-91)