Chino Municipal Code Art. XI Reports

At the grantor's sole option, within sixty days after the close of the grantee's fiscal year, the grantee shall submit a written annual report, in a form approved 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 financial statement, audited by, an independent certified public accountant, and certified by an officer of the grantee, including a statement of income, revenues, operating expenses, value of plant, annual capital expenditures, depreciation with an attached depreciation schedule, interest paid, taxes paid, balance sheets, and a statement of sources and application of funds;

C. A current statement of costs of construction by component categories;

D. A projected income statement and statement of projected construction for the next two years;

E. A list of the grantee's officers, members of its board of directors, and other principals of the grantee;

F. 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;

G. To the extent that money, other than profits, is paid to a parent, subsidiary, or other person affiliated with the grantee, the amounts of such payments and the basis for computation of such amounts (e.g., the basis for computing any management fees or share of "home office" overhead).

(Ord. 84-37 § 13.1, 1984.)

A. At grantor's sole option, the grantee shall submit to the grantor an annual plant survey report which shall be a complete survey of the grantee's plant and a full report thereon. The 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, and appropriate engineering evaluation including suitable electronic measurements conducted in conformity with such requirements, including supervision, as the grantor may prescribe. The report shall be in sufficient detail to enable the grantor to ascertain that the service requirements and technical standards of the FCC and/or the franchise are achieved and maintained.

B. At the 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.

(Ord. 84-37 § 13.2, 1984.)

The grantee shall submit to the grantor copies of all pleadings, applications, reports, 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 and other government bodies relating agencies to its cable television operations within the franchise area. The grantee shall submit such documents to the grantor simultaneously with their submission to such courts, agencies and bodies; and within five days after their receipt from such courts, agencies and bodies. The grantee waives any right to claim confidential, privileged or proprietary rights to such documents unless such confidential rights are confidential by law or by the practices of federal or state agencies. However, proprietary 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.

(Ord. 84-37 § 13.3, 1984.)

A copy of each of the grantee's annual and other periodic public reports and those of its parent, subsidiary and affiliated corporations and other entities, as the grantor requests and is reasonably appropriate, shall be submitted to the grantor within five days of its issuance.

(Ord. 84-37 § 13.4, 1984.)

An accurate and comprehensive file shall be kept by the grantee of any and all complaints regarding the cable system. A procedure shall be established by the grantee by the time of installation of the cable system to remedy complaints quickly and reasonably to the satisfaction of the grantor. Complete records of the 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.

A. A summary of complaints, identifying the number and nature of complaints and their disposition, in a form approved by the grantor, shall be completed for each month and submitted to the grantor by the tenth day of the succeeding month.

B. 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 the grantee's fiscal year. The surveys required to make said report shall be in a format approved by the grantor and may be in a form that can be transmitted to subscribers with one or more bills for service.

(Ord. 84-37 § 13.5, 1984.)

The grantee shall submit to the grantor an annual report indicating the degree of compliance with the privacy provisions of Article VIII of this chapter, and all steps taken to assure that the privacy rights of individuals have been protected.

(Ord. 84-37 § 13.6, 1984.)

The 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.

(Ord. 84-37 § 13.7, 1984.)

If not incorporated with parent company returns, the grantee shall submit to the grantor copies of all income tax returns and reports which are filed with the local, state or federal governments pertaining to its cable system in the franchise area within five days of the date on which such reports are filed.

(Ord. 84-37 § 13.8, 1984.)

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

(Ord. 84-37 § 13.9, 1984.)

The grantee shall maintain an office within the franchise area and shall keep complete and accurate books and records. The grantor shall have the right to inspect at any time during normal business hours all books, records, maps, plans, income tax returns, financial statements, service complaint logs, performance test results and other like materials of the grantee which relate to the operation of the cable system. Access to the aforementioned records shall not be denied by the grantee on the basis that said records contain confidential, privileged or proprietary information.

(Ord. 84-37 § 13.10, 1984.)

All reports subject to public disclosure, shall be available for public inspection at a designated grantor office during normal business hours.

(Ord. 84-37 § 13.11, 1984.)

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

(Ord. 84-37 § 13.12, 1984.)

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

(Ord. 84-37 § 13.13, 1984.)

All reports and records required under this or any other article of this chapter shall be furnished at the sole expense of the grantee.

(Ord. 84-37 § 13.14, 1984.)