Article X — Reports

At the city's sole option, within sixty (60) days after the close of the grantee's fiscal year, the grantee shall submit a written annual report, in a form approved by the city, which shall contain the following information:

A.

Activities Undertaken. 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 communications 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.

Partners, Officers and Directors. A list of the grantee's general partners, officers, members of its board of directors, or other principals, as the case may be.

C.

Principal Partners and Stockholders. A list of partners, stockholders, or other equity investors holding five percent or more of the partnership interests in the grantee or the voting interest in the grantee, its parent, and subsidiary and affiliated corporations, if any.

(Prior code § 15056)

At the city's sole option, the grantee shall submit to the city within ninety (90) days after its request therefor an annual plant survey report which shall be a complete survey of the grantee's plant and a full report thereon relating to the most recently completed calendar year. Such report shall contain a description of the portions of the service area that have been cabled and have all cable services available and shall reference the availability of as-built maps showing location of the cable communications system installed in the service area as of the end of the calendar year for which such report is requested. Such report shall be in sufficient detail to enable the city to ascertain that the technical standards of the FCC are achieved and maintained, which shall be satisfied by incorporating in the plant survey report the proof of performance report completed by the grantee for such calendar year. If the city has reason to believe that portions or all of the system materially fail to satisfy the FCC technical standards applicable to cable communications system, at the city's request, but no more often than once each three years, the grantee and the city 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 city,unless such evaluation indicates that the cable communications system materially fails to meet such FCC technical standards, in which case the cost thereof shall be borne solely by the grantee.

(Prior code § 15057)

Upon request of the city, the grantee shall furnish copies of any publicly available reports concerning the grantee, its parent, or affiliates, including, but not limited to, annual and other periodic reports filed with the Securities and Exchange Commission.

(Prior code § 15058)

Upon request of the city, the grantee shall furnish the results of any survey undertaken by the grantee of a representative sample of all of its subscribers, provided that the grantee shall give the city at least ten (10) days' prior notice of any such survey to permit the city to submit requests for items to be included in such survey. The grantee may, in its reasonable judgment, elect not to include any or all of those items requested by the city for incorporation in such survey.

(Prior code § 15059)

The grantee shall submit to the city such other information or reports in such forms and at such times as the city may reasonably request, provided that such information or reports shall relate directly to information or reports which the city is entitled to receive under the terms of this chapter or the grantee's franchise and, provided further, that the grantor shall bear the reasonable expense of preparing such information or reports.

(Prior code § 15060)

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

(Prior code § 15061)

All reports subject to public disclosure and maintained in the city's records shall be available for public inspection at a designated city office during normal business hours.

(Prior code § 15062)

The refusal, failure or neglect of the grantee to file any of the reports required under this chapter or the grantee's franchise shall be deemed a material breach of the franchise if the grantee fails to file such report, after receipt of written notice from the city with respect thereto, within the period of cure allowed under this chapter for an event of default by the grantee in the performance of any of its material obligations under

this chapter, and shall subject the grantee to all remedies, legal or equitable, which are available to the city under the grantee's franchise or otherwise.

(Prior code § 15063)

Any materially false or misleading statement or representation made knowingly by the grantee in any report required under this chapter or 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 city under the grantee's franchise or otherwise.

(Prior code § 15064)

All reports and records required under this or any other section shall be furnished at the sole expense of the grantee, except with respect to miscellaneous information and reports as set forth in Section 5.12.600.

(Prior code § 15065)