§ 34-18. Records and reports.

(a)

Records.

(1)

Grantee right of inspection of records. To the extent consistent with laws governing subscriber privacy and any other applicable laws, the city shall have the right to inspect all books, records, reports, maps, income tax returns (at the time of transfer, renewal or rate proceedings where necessary), financial statements, service complaint summary reports, performance test results and other like materials of the grantee which relate to the operation of the franchise, upon reasonable prior notice, at any time during normal business hours.

(2)

Review. The grantee shall permit any duly authorized representative of the city to examine and copy or transcribe any and all maps and other records kept or maintained by grantee or under its control concerning the operations, affairs, transactions or property of the grantee. If any such maps or records are not kept in the city, or upon reasonable request made available in the city, and if the city shall determine that an examination of such maps or records is necessary or appropriate to the performance of any of their duties, then all travel and maintenance expenses necessarily incurred by the city in making such examination shall be paid by grantee.

(3)

Records required. The grantee shall at all times maintain for a five-year period, coinciding with the city's five-year performance review, the following:

a.

All written complaints received and service complaint summary reports.

b.

A record of service interruptions or degradation of service experienced.

c.

A comprehensive record of all personnel transactions and utilization of contractors, subcontractors, vendors and suppliers by race and sex.

d.

Records from which customer service standards compliance data are derived.

The grantee shall at all times maintain a full and complete set of plans, records and "as built" maps showing the exact location of all cable communication system equipment installed or in use in the city, exclusive of subscriber service drops.

The grantee shall provide to the city such additional information, records and documents the city may deem reasonably necessary and appropriate to review the performance of the grantee with respect to this chapter and the franchise.

(b)

Reports required. The grantee shall file the following reports with the city. Unless otherwise specified, all annual reports shall be submitted 60 days after the end of the grantee's fiscal year.

(1)

Regulatory communications. A copy of material reports and documents required by and/or submitted to the Federal Communications Commission (FCC), including any proof of performance tests, annual employment reports (FCC Form 395-A), basic signal leakage reports (FCC Form 320), and annual reports of cable television systems (FCC Form 325) shall be submitted simultaneously to the city by delivery to the office of marketing and communications. Financial information, and all petitions, applications and communications of all types; and all materials required by and/or submitted to the Securities and Exchange Commission (SEC), or any other federal or state regulatory commission or agency having jurisdiction over any matter affecting operation of the grantee's cable system will be made available to the city upon request.

(2)

Construction reports. Construction reports shall be submitted to the city within 90 days after the franchise is awarded and quarterly thereafter within 14 days after the end of the month for any construction undertaken during the term of the franchise until construction is complete, including the rebuild, as specified in the franchise. Such report shall include a description of the progress in applying for any necessary agreements, licenses, or certifications and any other information the city and the grantee may reasonably deem necessary. The content and format of the report will be reasonably determined by the city and the grantee and may be reasonably modified at their discretion.

(3)

Proof of performance tests. Proof of performance test results shall be submitted to the city when sections of the cable system are rebuilt and annually as required by the franchise.

(4)

Tests required by city. Report of technical tests required by the city shall be submitted as specified in the franchise.

(5)

Change in service. A report on any change in programming or service shall be provided to the city 30 days prior to implementation.

(6)

Franchise rules. All printed materials related to rules, regulations, terms and conditions adopted as the grantee's policy in connection with its subscribers, and which may be included on the grantee's contract or application form for subscriber service shall be filed with the city at the time the material is first provided to subscribers.

(7)

Customer service reports. Within 30 days after the end of each quarter, the grantee shall submit reports which demonstrate the grantee's compliance with the FCC customer service standards, and any additional standards of this cable ordinance and franchise. The grantee shall use best efforts to segregate City of Atlanta data from metro Atlanta data.

(8)

Financial reports. The grantee shall submit annually to the city the following financial reports within 90 days following the end of the grantee's fiscal year:

a.

An ownership report, indicating all persons, who at any time during the preceding year did control or benefit from an interest in the franchise of five percent or more.

b.

An annual, fully audited and certified financial report for the previous fiscal year, including year-end balance sheet; gross income statement showing subscriber revenue from each and every category of service and non-subscriber revenue from each and every source; line item operating expenses, depreciation expense, interest expense and taxes paid; statement of sources and applications of funds.

c.

A list of officers and directors of the grantee and of any parent corporation and/or officers or managers of partnerships or other entities having an ownership interest of at least five percent.

d.

For the franchise area only, a current annual statement of all capital expenditures, including new construction and equipment.

(9)

Proof of insurance. The grantee shall submit annually to the city certificates of insurance for any and all policies of insurance required hereunder and in the franchise.

(10)

Operational reports. Grantee shall submit annually a summary of the previous year's activities including, but not limited to, subscriber totals for each category of service offered including number of pay units; subscriber penetration, number of bulk and commercial subscribers; rates, channel alignment and program services; public, educational, government, and leased access services offered; new services offered; hours of operation; customer service agreement and handbook; service complaint summary reports; and the physical miles of plant construction and plant in operation.

(11)

Future projections. The grantee shall submit annually a projection of cable system and service plans for the future.

(12)

EEO and EBO. The grantee shall submit all reports relating to equal employment opportunity, equal business opportunity, business non-discrimination, and first source jobs at the time and in the form prescribed in the franchise.

(13)

Additional reports. The grantee shall prepare and furnish to the city at the times and in the form prescribed, such additional reports with respect to its operation, affairs, transactions or property, the city may deem reasonably necessary and appropriate to review the performance of the grantee with respect to the franchise, this chapter, and applicable laws and regulations.

(Ord. No. 2009-51.1(94-O-1777), § 18.0, 11-28-94)