§ 6.5-181. Retention and submission of reports and records.

(a)

A service provider or system owner or operator shall maintain, and upon request by the city council or its designee, provide records which, in the opinion of the city, are reasonably necessary for the city to determine compliance with the provisions of this article, and to determine the service provider's or system owner's or operator's legal, technical, financial and character qualifications as may be needed from time-to-time to administer this article and the franchise.

(b)

On or before January 1 ^st of each year after the effective date of this article, a service provider or system owner or operator shall submit to a designated city official a list of files, reports, records, data or other information that the service provider or system owner or operator periodically and/or regularly and customarily files with the FCC or the PSC or any other federal or state agency because of its status as a service provider or system owner or operator that are applicable to or have affect on the system or the provision of service in the city. For any other report that a service provider or system owner or operator files with any other federal or state agency, and that has or will have a direct impact on the operation of the system or the provision of in the city within one hundred eighty (180) days of the filing, then the service provider or system owner or operator shall notify the city council or administrator of the filing within fifteen (15) days of the date of the filing. The notice shall inform the city council or administrator of the nature and scope of the filing and the effect or intended effect, and the agency with whom the filing was made, including the name, address, department, division, and phone number of the recipient.

(c)

As part of any compliance review or evaluation, or for any legitimate matter related to the administration and enforcement of this article or a service provider's or system owner's or operator's franchise, or any permitted operation under this article, pursuant to subsection (b) of this section the city council or the administrator may require the provision of any reports, records, data or other information that filed with the FCC, the securities and exchange commission (SEC) or any other federal or state agency that affects the ownership or operation of the system or the provision of service in the city. However, unless the city is expressly authorized to require such by state or federal law, a service provider or system owner or operator shall not be required to provide any state or federal tax returns, or any documents that are expressly exempted under state or federal privacy laws, including any applicable provision of the PSC and section 631 of the Cable Act (codified at 47 USC 551).

(d)

For the purposes intended under this subsection (c) of this section, if requested, an address shall be required to be provided, but without giving the name of the subscriber or user located at that address unless the consent of the subscriber or user is obtained.

(e)

The city shall have the right and authority to require the delivery to the city of any information related to determining the adequacy of any payments due the city, including, but not limited to franchise fee payments, rent, user fees, licenses or taxes. The city may not require the delivery of original documents, but may require the delivery of photostatic copies of such.

(f)

The city shall have the right to require, as deemed necessary for the administration and enforcement of this article or a franchise, that a franchise or other service provider or system owner or operator deliver to the city copies of all applications, reports, documents, correspondence, pleadings and petitions of any kind that relate to or have an effect on the system, the system owner's or operator's or the service provider's ownership or operation of the service or system, or on the franchising or regulatory authority of the city, that are submitted by or on behalf of the franchisee or other service provider or system owner or operator, without regard to the federal or state regulatory agencies or courts where such affect, or have the intent of affecting, the operation of the service provider's or system owner's or operator's service or system within the city, or the city's regulatory authority. The information shall be provided in a timely and expeditious manner, and as may further be required by this article or a franchise agreement.

(g)

No service provider or system owner or operator shall use the delay of the provision of the information required under this article to prevent the city council from exercising its rights or performing its duties and obligations under this article or any applicable federal or state law, rule or regulation.

(h)

Copies of responses, decisions, orders, rulemakings or any other communications from the regulatory agencies or courts to a service provider or system owner or operator or its agent, including the service provider's or system owner's or operator's ultimate parent, its attorney or it's consultants, that are relative to the service provider or system owner or operator, or to the operation of the system or the provision of service in the city, that would have an effect on the operation of system or the provision of service within the city, or ownership, shall likewise be filed with the city no later than fifteen (15) days after the filing or receipt thereof.

(i)

In addition to the requirements noted in the preceding subsections of this section, a service provider or system owner or operator shall in a timely manner submit those reports, statements and logs required by this article that are necessary for the proper and diligent administration and enforcement of this article or any franchise granted by the city, including, but not limited to, the following:

(1)

A periodic gross revenue statement and report in the manner set forth in this article;

(2)

A copy of the loss of service or outage log applicable to the system or service in the city, showing all service outages of any kind and duration, in accordance with the requirements in this article and any franchise;

(3)

System maintenance reports as set forth in this article;

(4)

Any form, including all attachments and exhibits thereto, relating to an assignment or transfer of the franchise or any change of control of a system, operator or service provider;

(5)

A copy of any equal employment opportunity (EEO) and fair contracting policies; and

(6)

A copy of any required state authorization to operate a system or provide service using a system.

(Ord. No. A-177, § 31, 3-13-2000)