Reports and records

(a)

The licensee shall submit reports to the city quarterly according to the following schedule: January through March are due on or before April 25; April through June are due on or before July 25; July through September are due on or before October 25; and October through December are due on or before January 25 of each year. The quarterly report shall include, but not be limited to:

(1)

Number of homes passed, number of cable plant miles, number of new installs, number of disconnects, and net result of new installs and disconnects.

(2)

Customer service and repair telephone statistics, broken down by month, indicating the number of calls received, number of calls abandoned, number of calls receiving a busy signal, percentage of total calls for which a busy signal was received, average duration of each call handled by a customer service representative, average length of time each caller waits before speaking directly to a customer service representative and number of customer service representatives staffed to handle telephone calls.

(3)

To the extent compiled by the licensee in the normal course of its business, statistics by month for the number of total standard installations performed, number of standard installations performed within seven calendar days, number of service interruptions, number of planned service interruptions, number of service interruptions by day part (1:00 a.m. to 6:00 a.m., 6:00 a.m. to 6:00 p.m., 6:00 p.m. to 1:00 a.m., or, upon request of the city, based on shorter measurement intervals as licensee has available), number of service interruptions by duration, number of service interruptions responded to within 24 hours, number of other service problems responded to within 36 hours, preventative measures to reduce or eliminate service interruptions, and any other information which may be reasonably required to monitor the licensee's compliance with this chapter. A licensee may comply with the requirements of this subsection by providing to the city a copy of the actual complaint and/or service interruption log(s) kept by licensee.

(4)

Revenue information, including, but not limited to: number of subscribers for each type of cable service offered, and the gross revenue from all sources attributable to the operations of the cable system by the licensee, its parent, affiliate or subsidiary in the city, stating separately by category each source and the amount of revenue attributable thereto.

(b)

Within six months of the close of its fiscal year, the licensee shall provide an annual report to the city that includes the following information:

(1)

A summary of the activities of the previous year in development of the system, including but not limited to, products and services, video and nonvideo, initiated or discontinued, policy changes enacted during the previous year, number of cable subscribers for each tier or type of service or product (including gains and losses), homes passed, and miles of cable distribution plant in service. The summary shall also include a comparison of any construction, including system upgrades, during the year with any projections previously provided to the city, as well as rate and charge increases and/or decreases for the previous fiscal year. The report shall provide a comparison to other systems operated by licensee, its parent, affiliate, or subsidiary sufficient to determine licensee's compliance with its obligation pursuant to this chapter and the license agreement.

(2)

An annual financial report to include a statement of sources of revenues for the licensee, or the smallest operational unit closest to the level of the licensee for which data is available, and licensee's parent; provided that the city may request, in writing, and licensee shall provide, additional information at the system or license level, as reasonably necessary. The licensee shall provide an audited financial report if licensee has a report in its normal course of business. If not, the statements shall be certified by the chief financial officer of the licensee. The financial report shall include notes to the financial statements that specify all significant accounting policies and practices upon which it is based.

(3)

Where applicable, a copy of updated maps depicting the location of all trunk lines and feeder lines and associated devices in the city to the extent such locations have changed. Upon request of the city, such maps shall be provided in digitized form at the expense of the licensee.

(4)

A summary of written subscriber or resident complaints, identifying the number and nature of complaints and their disposition, including an annual summary of statistics provided in the quarterly report. Where complaints involve recurrent system problems, the nature of each problem and the corrective measures taken shall be identified. More detailed information concerning complaints shall be submitted upon written request of the city.

(5)

Upon written request, a summary of the number of service interruptions, number of planned service interruptions, and number of service interruptions by duration, along with preventative measures to eliminate reoccurrence.

(6)

Upon written request, if the licensee is a corporation, a list of officers and members of the board of directors; the officers and members of the board of directors of any parent corporation; and if the licensee or parent corporation stock or ownership interests are publicly traded, a copy of its most recent annual report.

(7)

Upon written request, if the licensee is a partnership, a list of the partners, including any limited partners, and addresses; and if the general partner is a corporation, a list of officers and members of the board of directors or the corporate general partner, and the officers and directors of any parent corporation; and where the general partner or parent corporation ownership interests are publicly traded, a copy of its most recent annual report.

(8)

Upon written request, a list of all persons holding five percent or more ownership or otherwise cognizable interest in the licensee pursuant to the Cable Act and 47 CFR 76.501.

(9)

A copy of the rules and regulations of the licensee applicable to subscribers of the cable system.

(10)

A report on the number of senior citizen, economically disadvantaged or disabled subscribers receiving any rate discounts pursuant to subsection 11-20(a) hereof, and the amount of any such discounts for specific services if licensee offers separate rates or discounts for those categories of subscribers.

(11)

A report on the number of multiple dwelling buildings and units therein receiving service under bulk agreements pursuant to subsection 11-20(a) hereof.

(12)

A full schedule and description of services, service hours and location of the customer service office of the licensee or offices available to subscribers, and a schedule of all rates, fees and charges for all services provided over the cable system.

(13)

Upon written request, a report on the number of total subscribers served by the licensee in the cable system, with a breakdown by the types of services received by the subscribers.

(14)

Upon written request, a report on the number of personnel employed by the licensee by area of responsibility, including any ethnic reporting pursuant to equal employment opportunity commission requirements.

(c)

Upon each written request by the city made not more than once annually, a licensee shall within 45 calendar days of receipt of the request, provide the following documents to the city, without regard to whether the documents are filed by the licensee or an affiliate:

(1)

Annual financial report of the licensee or its parent or any affiliate of licensee which controls licensee and issues an annual financial report.

(2)

Copyright filings reflecting the operation of the system;

(3)

Any pleadings, petitions, applications, communications, reports and documents (collectively referred to as "filings") submitted within the previous 12 months by or on behalf of the licensee to the FCC, SEC or any state or federal agency, court or regulatory commission which filings may adversely impact the operation of the cable system of the licensee in the city or that may impact the rights or obligations of the city under this chapter or the license agreement issued pursuant to this chapter and any and all responses, if any, to the above mentioned filings.

(4)

Any and all notices of deficiency, forfeiture, or documents instituting any investigation, civil or criminal proceeding issued by any state or federal agency regarding the system, licensee, or any affiliate of licensee, provided, however, that any such notice or documents relating to an affiliate of licensee need be provided only to the extent the same may directly or indirectly affect or bear on operations of the licensee in the city. For example, a notice that an affiliate which has a management contract for the city's system was not in compliance with FCC EEO requirements would be deemed to affect or bear on operations in the city.

(5)

A copy of any cable licenses or franchises entered into by licensee, its parent, affiliate or subsidiary. A licensee shall provide a copy of such documents as soon as reasonably possible but no later than within 30 calendar days of such request.

(d)

Notwithstanding anything to the contrary, the licensee agrees to provide the city, within ten calendar days of filing or receipt of such, any document that may, in the reasonable judgment of the licensee, adversely impact the construction, operation or maintenance of the cable system of the licensee.

(e)

The licensee shall furnish to the city such additional reports as a licensee may prepare as a customary business practice with respect to its operations, which in the discretion of the city manager are reasonable and necessary for the administration and/or enforcement of this chapter.

(f)

Within ten calendar days of filing by licensee, its parent, subsidiary, or affiliate, licensee shall provide notice to the city manager of any petitions, filings, reports and correspondence filed with any federal, state, or local agencies or courts, which may, in the reasonable judgment of the licensee, adversely affect city and/or subscribers with regard to the chapter or a license agreement, including, but not limited to, any request for protection under bankruptcy laws, or any judgment related to a declaration of bankruptcy. In any administrative or legal proceeding in which licensee is a party, licensee shall provide a copy of any filed document, upon written request of the city, within five calendar days. To the extent the city desires and may properly participate in the proceeding, licensee agrees that it will not oppose any necessary extension or tolling of time which may allow the city's participation in said matter. However, the licensee may oppose or object to any extension of time that exceeds the period of time used by licensee to provide a copy of the requested filing to the city.

(g)

A licensee shall make a complete set of books and records available for inspection, copying and audit by the city in Miami-Dade county, for purposes of ascertaining compliance with requirements of this chapter and the license agreement, subject to subsection (h) below. Such inspection, copying and audit shall be upon reasonable notice and during normal business hours.

(h)

The city shall accord all books and records that it inspects under this section the degree of confidentiality such books and records are entitled to under federal and state law. A licensee's books and records shall not constitute public records, except to the extent required by federal and state law. To the extent a licensee considers any books or records that it is required to produce to be confidential or otherwise protected from public disclosure, licensee shall designate which documents it views as protected and provide a written explanation to the city of the legal basis for licensee's claim of protection.

(i)

Notwithstanding anything to the contrary in this section, within 30 calendar days of the third annual anniversary of the effective date of a license agreement and no more often than every two years thereafter, the licensee shall upon written notice of the city, submit a report to the city, in a form reasonably acceptable to the city, discussing technological advances and other information necessary to evaluate licensee's compliance with state-of-the-art obligations under a license agreement or this chapter, except as otherwise set forth in a license agreement.

(Ord. No. 11936, § 3, 6-8-00)