Alameda County Municipal Code Art. XII Reports

Within one hundred twenty (120) days after the close of grantee's fiscal year, the grantee may be required to submit a written annual report, in a form requested by the grantor, including, but not limited to, the following information:

A. A summary of the previous year's (or, in the case of the initial report 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, and the number of subscribers for each class of service;

B. A revenue statement, audited by an independent certified public accountant, or certified by an officer of the grantee;

C. A statement of projected construction, if any, for the next two years;

D. A list of grantee's officers, members of its boards of directors, and other principals of grantee;

E. A list of stockholders or other equity investors holding five percent or more of the voting interest in the grantee and its parent, subsidiary and affiliated corporations and other entities, if any, unless the parent is a public corporation whose annual reports are publicly available.

(Prior gen. code § 2-128.0)

At the grantor's request, grantee shall submit to the grantor an annual plant survey report which shall be a complete survey of the grantee's plans and a full report thereon. Said report shall include, but not be limited to, a description and "as-built" maps of the portions of the franchise area that have been cabled and have all services available, an appropriate engineering evaluation including suitable electronic measurements conducted in conformity with such requirements, including supervision, as the grantor may prescribe. Said report shall be in sufficient detail to enable the grantor to ascertain that the service requirements and technical standards of the franchise are achieved and maintained. If grantor has reason to believe that portions or all of the system do not meet the technical standards incorporated into the franchise agreement, at grantor's request, but no more often than once per three years, the grantee and the grantor shall agree upon the appointment of a qualified independent engineer to evaluate and verify the technical performance of the cable system. The cost of such evaluation shall be borne equally by the grantee and the grantor.

(Prior gen. code § 2-128.1)

The grantee may be required to submit to the grantor copies of all pleadings, applications, notifications, communications and documents of any kind, submitted by the grantee to, as well as copies of all decisions, correspondence and actions by, any federal, state and local courts, regulatory agencies and other government bodies relating to its cable television operations within the franchise area. Grantee shall submit such documents to the grantor no later than thirty (30) days after receipt of a grantor's request. The grantee hereby waives any right to claim confidential, privileged or proprietary rights to such documents unless such confidential rights are determined to be confidential by law or by the practices of federal or state agencies. Such confidential data exempt from public disclosure shall be retained in confidence by the grantor and its authorized agents and shall not be made available for public inspection.

(Prior gen. code § 2-128.2)

A copy of each grantee's annual and other periodic public financial reports pertaining to its franchise operations as the grantor requests, shall be submitted to the grantor within thirty (30) days after receipt of a reasonable request for its production.

(Prior gen. code § 2-128.3)

An accurate and comprehensive file shall be kept by the grantee of any and all consumer complaints and grantee's decisions thereon regarding the cable system. A procedure satisfactory to the grantor shall be established by the grantee by the time of installation of the cable system to remedy complaints quickly and reasonably. Complete records of grantee's actions in response to all complaints shall be kept. These files and records shall remain open to the public during normal business hours, so that individuals are able to inspect their own files.

A. A summary of service requests, identifying the number and nature of the requests and their dispositions, upon grantor request, shall be completed for each month and submitted to the grantor by the tenth day of the succeeding month.

B. A log and summary of all service interruptions shall be maintained.

C. If requested by the grantor, the results of an annual opinion survey report which identifies satisfaction or dissatisfaction among subscribers with cable communications services offered by the grantee shall be submitted to the grantor no later than two months after the end of grantee's fiscal year. The surveys required to make said report shall be in a form that can be transmitted to subscribers with one or more bills for service, with return-postage prepaid on a self-addressed post card. At the grantor's option, the grantor may prepare the survey form and request its inclusion with a monthly bill to subscribers.

(Prior gen. code § 2-128.4)

Grantee shall submit to the grantor such other information or reports in such forms and at such times as the grantor may reasonably request or require.

(Prior gen. code § 2-128.5)

The grantee shall allow the grantor to make inspections of any of the grantee's facilities and equipment at any time upon at least ten days' notice, or, in case of emergency, upon demand without prior notice, to allow grantor to verify the accuracy of any submitted report.

(Prior gen. code § 2-128.6)

All reports subject to public disclosure shall be available for public inspection at the designated grantor and grantee offices during normal business hours.

(Prior gen. code § 2-128.7)

The willfull refusal, failure, or neglect of the grantee to file any of the reports reasonably required, or such other reports as the grantor reasonably may request, may be deemed a material breach of the franchise, and may subject the grantee to all remedies, legal or equitable, which are available to the grantor under the franchise or otherwise.

(Prior gen. code § 2-128.8)

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

(Prior gen. code § 2-128.9)

One copy of all reports and records required by this chapter to be kept or produced by grantee for purposes of the grantor shall be furnished to grantor at the sole expense of the grantee.

(Prior gen. code § 2-128.10)