Chino Hills Municipal Code Art. X Reports

Within ninety (90) days after the close of grantee's fiscal year, grantee shall submit a written annual report, if requested, in a form approved by the city, which shall include without limitation 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 in accordance with Section 5.52.150D of this chapter;

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

D. A list of grantee's officers, members of its board 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 grantee and its parents, if any, unless the parent is a public corporation whose annual reports are publicly available;

F. Grantee's annual and other periodic public financial reports and those of its parent, subsidiary and affiliated corporations and other entities;

G. A summary of the cable system which shall indicate miles and homes passed;

H. Annual proof of performance tests, in sufficient detail to enable the city to ascertain that the technical standards of the franchise are achieved and maintained.

In addition, grantee shall furnish to city any reports required by the franchise agreement in the time and manner specified in that franchise agreement.

(Ord. 140 § 1 (part), 2000)

Copies of all reports materially adversely affecting the franchise submitted by grantee to the FCC or any other federal or state agency shall be submitted to the city simultaneously with filing such reports with said agencies. Grantee's routine public correspondence to said agencies need not be automatically submitted to the city, but shall be made available to the city upon written request.

(Ord. 140 § 1 (part), 2000)

The refusal, failure, or neglect of grantee to file any of the reports required under this chapter, or the inclusion of any materially false or misleading statement or representation made knowingly by grantee in any report, shall be deemed a material breach of the franchise, and shall subject grantee to all remedies, legal or equitable, which are available to the city under the franchise or otherwise.

(Ord. 140 § 1 (part), 2000)

Grantee shall allow the city to make inspections of any of grantee's facilities and equipment relevant to the franchise at any time upon reasonable notice or, in a case of emergency, upon demand without prior notice.

(Ord. 140 § 1 (part), 2000)

The city shall be provided with copies of all subscriber satisfaction surveys that grantee conducts.

(Ord. 140 § 1 (part), 2000)

A. At the city's sole election and discretion, within ninety (90) days of the first anniversary of the effective date of a franchise, and on the second, fourth, sixth and eighth years of the franchise, the city may hold public hearing at which grantee shall be present and shall participate, to review the performance and quality of service of the cable system. The reports required herein regarding subscriber complaints, the records of performance tests and the opinion survey report shall be utilized as the basis for review. In addition, any subscriber may submit comments or complaints during the review meetings, either orally or in writing to be considered.

B. Within thirty (30) days after the conclusion of the public hearing, the city may issue a report with respect to cable system performance and quality of service. If any noncompliance with the franchise is found, the city may direct grantee to correct the noncompliance within a reasonable period of time in accordance with the provisions of this chapter.

C. Grantee's failure, after due notice and opportunity to cure as set forth in this chapter, to correct the noncompliance shall be considered a breach of the franchise, and the City may, at its sole discretion, exercise any remedy within the scope of this chapter deemed by the City to be appropriate.

(Ord. 140 § 1 (part), 2000)

To address technological, economic, and regulatory changes in the state of the art of cable communications, to facilitate renewal procedures, and to promote flexibility in the cable system, the following system and services review procedures are hereby established:

A. At the City's sole election and discretion, the City may hold a public hearing on or about the first anniversary date of the franchise agreement at which grantee shall be present and shall participate, to review the cable system and cable services. Subsequent system and services review hearings may be scheduled by the City thereafter at no more frequently than one-year intervals.

B. Sixty (60) days after receiving a written request therefore from the City, grantee shall submit a report to the City indicating the following:

1. Information reasonably available to grantee identifying cable services and related technologies reported in cable industry trade journals that are commonly provided on an operational basis, excluding tests and demonstrations, to communities in the United States with comparable populations, that are not provided to the City;

2. Any specific plans for provision of such new services and technologies by grantee.

C. Topics for discussion and review at the system and services review hearing shall include, but shall not be limited to, services provided, economic and technical feasibility of providing new services, application of new technologies, system performance, programming, subscriber complaints, user complaints, rights of privacy, amendments to the franchise, undergrounding processes, developments in the law, and regulatory constraints.

D. Either the City or grantee may select additional topics for discussion at any review hearing.

E. Not later than sixty (60) days after the conclusion of each system and service review hearing, the City may issue a report, including specifically a listing of any cable services not then being provided to the City that are considered technically and economically feasible and for which there is a demonstrated demand among grantee's subscribers in relation to the cost thereof. The City may request, but not require, grantee to provide such services within a reasonable time.

(Ord. 140 § 1 (part), 2000)