Watsonville Municipal Code Art. 5 Records and Performance Requirements

(a) All reports required under this Chapter, except those which the Grantor has agreed to keep confidential, shall be available for public inspection in the City Clerk’s offices during normal business hours.

(b) All reports and records required under this Chapter shall be furnished at the sole expense of Grantee, except as otherwise specifically provided in this Chapter or the Franchise Agreement.

(c) The willful refusal, failure, or neglect of Grantee to file any of the reports required as and when due under this Chapter, may be deemed a material breach of the Franchise Agreement if such reports are not provided to Grantor within thirty (30) days, and may subject the Grantee to all remedies, legal or equitable, which are available to Grantor under the Franchise or otherwise.

(d) Any materially false or misleading statement or representation made knowingly and willfully by the Grantee in any report required under this Chapter or under the Franchise Agreement is a material breach of the Franchise Agreement and may subject Grantee to all remedies, legal or equitable, which are available to Grantor under the Franchise or otherwise.

(§ 1, Ord. 1054-98 C-M, eff. July 9, 1998)

(a) Grantee shall at all times maintain:

(1) A record of all complaints received and interruptions or degradation of Cable Service experienced for the preceding two (2) years, provided that such complaints result in or require a Service Call.

(2) A full and complete set of plans, records and “as built” maps showing the location of the Cable System installed or in use in the City, exclusive of Subscriber service drops and equipment provided in Subscriber’s homes. Said plans, records and maps are trade secrets of Grantee and, as such, are exempt from disclosure to members of the public under the Public Records Act (Government Code Section 6250 et. seq.), including Subparagraph (n) of Section 6254(n). Grantee agrees to assist Grantor in demonstrating that the plans, records and maps are exempt under express provisions of the Public Records Act or that on the facts of the particular case, the public interest served by not making the plans, records or maps public clearly outweighs the public interest served by disclosure of the plans, maps or records. Grantor agrees to provide Grantee with prompt notice of any request Grantor receives for public records that would include said plans, records or maps.

(3) An annual log of Service Calls, identifying the number, general nature and disposition of such calls, service log shall be submitted to the Grantor within thirty (30) days following the end of each year in a form reasonably acceptable to the Grantor. The annual log of Service Calls shall be maintained in a fashion that allows for the Grantor to check the status of Service Calls at any time during the year.

(4) Within ninety (90) days after the effective date of the Franchise Agreement the Grantee shall file with the Grantor a General Rate and Programming Disclosure as specified in Section 3-11.610.

(5) The Grantee shall maintain an Installation Record (one year written record or an equivalent stored on magnetic media capable of reproduction in printed form by the Grantee) of all service activations, including the date of request and the date of actual service activation.

(6) The Grantor may request, and upon request Grantee shall furnish additional information, records and documents, provided they reasonably relate to the scope of the Grantor’s rights under this Chapter or the Grantee’s Franchise Agreement.

(7) Within ninety (90) days after the end of the calendar year, the Grantee shall submit a written annual report to Grantor with respect to the preceding calendar year in a form approved by Grantor, including, but not limited to, the following information:

(i) A summary of the previous year’s (or in the case of the initial reporting 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;

(ii) A list identifying the Grantee’s officers, members of its board of directors, and other principals of Grantee;

(iii) A list of stockholders or other equity investors holding five (5%) percent or more of the voting interest in Grantee;

(iv) An indication of any dwelling units in Grantee’s Franchise Area where Cable Service is not provided, and subject to applicable line extension policies, a schedule for providing Cable Service to those dwelling units;

(v) Any other information which the Grantor shall reasonably request.

(§ 1, Ord. 1054-98 C-M, eff. July 9, 1998)

Upon Grantor’s request, but no more than annually, Grantee shall submit to Grantor a report indicating the degree of compliance with the privacy provisions contained in Section 3-11.502 and Section 3-11.505 and all steps taken to assure that the privacy rights of individuals have been protected.

(§ 1, Ord. 1054-98 C-M, eff. July 9, 1998)

(a) If Grantee is publicly held, a copy of each of Grantee’s annual and other periodic reports and those of any parent, shall be submitted to Grantor within forty-five (45) days of issuance.

(1) Grantee shall submit to Grantor copies of all pleadings, applications and reports submitted by Grantee to any Federal, State or local court, agency or governmental body as well as copies of all decisions, correspondence and actions by any such Federal, State or local court, regulatory agency, or other governmental body which are non-routine in nature and which will materially affect its Cable System operations within the Franchise Area. Grantee shall submit such documents to Grantor simultaneously with its submission to such court, agency and/or body; or within five (5) days after its receipt from such court, agency and/or body. Information otherwise confidential by law and so designated by Grantee, which is submitted to Grantor, shall be retained in confidence by Grantor and its authorized agents and shall not be made available for public inspection.

(2) Upon reasonable notice, and during normal business hours, Grantee shall permit examination by any duly authorized representative of the Grantor, of the Cable System together with any appurtenant property and facilities of Grantee situated within or without the City, and all records relating to the Franchise, provided they reasonably relate to the scope of the Grantor’s rights under this Chapter or the Franchise Agreement.

(§ 1, Ord. 1054-98 C-M, eff. July 9, 1998)

Notwithstanding the foregoing, Grantee shall have no obligation to provide copies of documents to Grantor which contain trade secrets of Grantee or which are otherwise of a confidential or proprietary nature to Grantee unless it receives satisfactory assurances from Grantor that such information can and will be held in strictest confidence by the Grantor. To the extent possible, Grantee will provide Grantor with summaries of any required documents or copies thereof with trade secrets and confidential and proprietary matters deleted therefrom. The burden of proof shall be on Grantee to establish the confidential nature of any information submitted, to the reasonable satisfaction of Grantor.

(§ 1, Ord. 1054-98 C-M, eff. July 9, 1998)

(a) Upon request of the Grantor, but not more than once every two (2) years, the Grantee shall conduct a Subscriber satisfaction survey pertaining to Subscriber opinion as to quality of service. The survey may be transmitted to Subscribers in Subscriber statements for Cable Service. The form and content of such survey shall be reasonably acceptable to the Grantor. The cost of such survey shall be borne by the Grantee.

(b) The Grantee shall furnish to the Grantor the results of any such survey conducted by the Grantee. The results of such survey shall be furnished to the Grantor within thirty (30) days following completion of the survey. Upon request, Grantee shall furnish Grantor the actual survey forms completed by Subscriber.

(c) The Grantor and Grantee shall utilize Section 3-11.507(c) to resolve any Cable System performance problems identified in the opinions survey.

(§ 1, Ord. 1054-98 C-M, eff. July 9, 1998)

(a) Every fifth year throughout the term of the Franchise, if requested by the Grantor, Grantor and Grantee shall meet to review the Cable System performance and quality of service provided by a Grantee. The Grantor may request a Council appointed committee to review the Cable System performance and quality of service and make recommendations to the Council.

(b) The various reports required pursuant to this Chapter, results of technical performance tests, the record of Subscriber complaints and Grantee’s response to complaints, and the information acquired in any Subscriber surveys, shall be utilized as the basis for review of Cable System performance and quality of service. In addition, any Subscriber may submit comments or complaints during the review meetings, either orally or in writing, and these shall be considered. The Grantor will also review all insurance, security fund and other performance requirements to make sure that they are up to date and in compliance with standards established in this Chapter. Within thirty (30) days after conclusion of a system performance review meeting, Grantor may issue findings with respect to the Cable System’s performance and the quality of service provided by Grantee.

(c) If Grantor determines by any method that Grantee is not in compliance with the requirements of the Cable System performance identified within this Chapter or the Grantee’s Franchise, Grantor may direct Grantee to comply within a period of time determined by Grantor. Failure of Grantee, after such notice, to comply within the period specified therefor or to commence compliance within such period and diligently achieve compliance thereafter, shall be considered a material breach of the Franchise, and Grantor may exercise any remedy within the scope of this Chapter and the Franchise Agreement considered appropriate.

(§ 1, Ord. 1054-98 C-M, eff. July 9, 1998)

When complaints or other evidence, in the judgment of the Grantor, casts reasonable doubt on the reliability or quality of Cable Service, the Grantor shall have the right to compel the Grantee to analyze, test, and report on the performance of the Cable System in order to assure compliance with this Chapter and the Franchise Agreement. Grantor may not compel Grantee to analyze, test, and report unless and until Grantor has provided Grantee with at least thirty (30) days’ notice of its intention to exercise its rights under this Section and has provided Grantee with a hearing before the Council prior to its exercise of such rights. Such analysis, tests, or reports shall be made and delivered to the Grantor no later than thirty (30) days after the Grantor notifies the Grantee that it is exercising such right. The analysis, tests and reports shall be made at Grantee’s sole cost. Any analysis, tests, or reports shall include the following information: the nature of the complaints which precipitated the analysis and tests; what Cable System component was tested; the equipment used and procedures employed in such analysis and testing; the results of such analysis and tests; and the method by which any complaints were resolved. Any other information pertinent to the special test such as video tape, audio tape, digital data, computer data, or written details shall be recorded.

(§ 1, Ord. 1054-98 C-M, eff. July 9, 1998)