5.52.100 Records and reports | Marina Municipal Code

5.52.100 Records and reports.

1. Grantee shall at all times maintain:

a. A record of all service calls and interruptions or degradation of service experienced for the preceding two years; provided, that such complaints result in or require a service call, subject to the subscriber’s right of privacy;

b. A full and complete set of plans, records and as-built maps showing the locations of the cable system installed or in use in the city, exclusive of subscriber service drops and equipment provided in subscriber’s homes;

c. If requested by grantor, a summary of service calls, identifying the number, general nature and disposition of such calls, on a monthly basis. A summary of such service calls shall be submitted to the grantor within thirty days following any written request by grantor, in a form reasonably acceptable to the grantor.

2. The grantor may impose reasonable requests for additional information, records and documents from time to time, provided they reasonably relate to the scope of the city’s rights under this chapter or the grantee’s franchise agreement.

3. Upon reasonable notice, and during normal business hours, grantee shall permit examination by any duly authorized representative of the grantor of all:

a. Franchise property and facilities, together with any appurtenant property and facilities of grantee situated within the service area; and

b. All records relating to the franchise; provided they are necessary to enable the grantor to carry out its regulatory responsibilities under this chapter or the franchise agreement. Grantee shall have the right to be present at any such examination.

1. Within ninety days after the end of the calendar year, grantee shall, upon written request, submit a written report to grantor with respect to the preceding calendar year in a form approved by grantor, including, but not limited to, the following information:

a. 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;

b. A list of grantee’s officers and members of its board of directors;

c. A list of stockholders or other equity investors holding five percent or more of the voting interest in grantee;

d. An indication of any residences in grantee’s service area where service is not available, and a schedule for providing service;

e. Information as to:

i. The number of homes passed,

ii. Total subscribers, and

iii. The number of basic and pay subscribers,

f. Any other information relevant to franchise regulation which the grantor shall reasonably request, and which is relevant to its regulatory responsibilities.

2. Upon request, grantee shall submit to grantor copies of all pleadings, applications and reports submitted by grantee to any federal, state or local court, regulatory agency, or other governmental body as well as copies of all decisions issued in response to such pleadings, applications and reports, which are nonroutine in nature and which will materially affect its cable system within the franchise area. 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. 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 and protected by the grantor. To the extent possible, grantee will provide grantor with summaries of any required documents or copies thereof with trade secrets and proprietary matters deleted therefrom. The burden or proof shall be on grantee to establish the confidential nature of any information submitted, to the reasonable satisfaction of the grantor.

3. If grantee is publicly held, a copy of each grantee’s annual and other periodic reports and those of its parent, shall be submitted to grantor within forty-five days of the publication of such reports.

4. Upon grantor’s request, but no more than annually, grantee shall submit to grantor a privacy report indicating the degree of compliance with the provisions contained in Section 5.52.150C3, 4 and 5 and all steps taken to assure that the privacy rights of individuals have been protected.

5. All reports required under this chapter, except those required by law to be kept confidential, shall be available for public inspection in the grantor’s offices during normal business hours.

6. All reports and records required to be delivered to grantor under this chapter shall be furnished at the sole expense of grantee, except as otherwise provided in the franchise agreement.

7. The wilful refusal, failure or wilful negligence 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 days after written request therefor, and may subject the grantee to all remedies, legal or equitable, which are available to grantor under this chapter or the franchise agreement.

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

C. Opinion Survey. Upon written request of the grantor, but not more than once every two years, the grantee shall conduct a subscriber satisfaction survey pertaining to quality of service, which may be transmitted to subscribers in grantee’s invoice for cable services. The results of such survey shall be provided to the grantor on a timely basis. The cost of such survey shall be borne by the grantee. (Ord. 98-09 § 1, 1998)