Poway Municipal Code Art. XI Reports

A. Grantee shall submit to the appropriate City department (as designated by the City) on a quarterly basis, by March 31st, June 30th, September 30th, and December 31st of each year, throughout the term of this agreement:

B. Grantee shall submit to the appropriate City department (as designated by the City) on an annual basis by March 31st of each year, throughout the term of the franchise, a progress report and map indicating in detail the location of completed extensions, existing construction, and system expansion and severe enhancements for the forthcoming year, and a statistical summary of the operations of the system. Such information shall include at a minimum, the number of dwelling units passed, the number of basic service subscribers, and the rate of penetration.

C. Grantee shall submit upon request a copy of all communications between grantee and the FCC, or any Federal or State regulatory agency having jurisdiction over grantee’s system, to the City Manager.

D. Grantee shall permit examination by any duly authorized representative of grantor during all business hours of any and all maps and other such records kept or maintained by grantee or under its control concerning the operation, affairs, transactions or property of grantee at the local office as limited by PMC § 5.60.405.

E. Grantee shall keep and preserve, for a period of three years, all the records necessary to determine the amount of such franchise fee, including but not limited to all business records, bank statements and copies of Federal and State income tax returns filed by the grantee.

F. Grantee shall conduct annual proof-of-performance tests of the system and shall submit the results to such tests to the City’s community services department within 30 days after the completion of such tests.

G. The grantor may prepare a questionnaire; such questionnaire shall elicit responses from subscribers on matters such as their appraisal of the service they receive and their needs and interests related to cable TV services. Within 30 days after receipt thereof, the grantee shall mail to those subscribers designated by the City Manager, a copy of a questionnaire provided to the grantee by the City unless the grantee submits an appeal to the City Manager and/or the City Council. The costs associated with such questionnaires shall be borne by the City, and responses should be addressed to the City’s community services department. The department may require such questionnaire from time to time, as may be necessary, but in no event more than once each year.

H. The reports and information mentioned in this section shall be made available to the grantor at the offices of the grantee as requested by the grantor. Such information shall be available for review by the grantor during normal business hours. However, if additional information and research may be needed, the grantor may request and the grantee shall provide copies of any of the information mentioned in this chapter for use in its review of the grantee’s compliance with its franchise and shall return it to the grantee at the earliest possible moment after the review has been completed.

(Ord. 129 § 13.1, 1984; Ord. 298 § 1, 1989)

At the 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. Said report shall include, but not be limited to, a description and “as-built” maps of the portions of the franchisee 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. The report shall contain 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.

(Ord. 129 § 13.2, 1984; Ord. 298 § 1, 1989)

The grantee shall submit to the grantor copies of all initial pleadings, applications, reports, submitted by the grantee to any Federal, State and regulatory agencies and other government bodies materially relating 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.

(Ord. 129 § 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. 129 § 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 summary of complaints, identifying the number and nature of complaints and their disposition, in a form approved by the grantor, shall, upon request of the grantor, be completed for each month and submitted to the grantor by the tenth day of the succeeding month.

(Ord. 129 § 13.5, 1984; Ord. 298 § 1, 1989)

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. 129 § 13.6, 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. 129 § 13.7, 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 grantee to verify the accuracy of any submitted report.

(Ord. 129 § 13.8, 1984)

The grantee shall maintain an office within the franchise area. The grantee 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 the records contain confidential, privileged, or proprietary information.

(Ord. 129 § 13.9, 1984)

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

(Ord. 129 § 13.10, 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, after notice from grantor to grantee, shall be deemed a material breach of franchise, and shall subject the grantee to all remedies, legal or equitable, which are available to the grantor under the franchise or otherwise, unless grantee submits in writing to grantor reasonable explanations for such refusal, failure or neglect.

(Ord. 129 § 13.11, 1984; Ord. 298 § 1, 1989)

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

(Ord. 129 § 13.12, 1984)

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

(Ord. 129 § 13.13, 1984; Ord. 298 § 1, 1989)