27.150 Operation and Reporting Provisions.

(1) Open Books and Records. The City shall have the right to inspect and copy at any time during normal business hours, at the cable system office located in the City or at such location as the City may designate, all books, receipts, maps, plans, financial statements, contracts, service complaint logs, performance test results, records of requests for service, computer records, codes, programs and discs or other storage media and other like material which the City deems appropriate in order to monitor compliance with the terms of this chapter, a franchise agreement, or applicable law. The franchise agreement shall specify the franchisee’s responsibility for producing its records and those held by its affiliates and others.

(2) Reports Required. A franchisee shall file reports with the City as the City may reasonably require in order to enforce its rights and the rights of the public under this cable ordinance or the franchise agreement, and to otherwise ensure that the franchisee is complying with applicable law. Each franchise agreement shall specify the minimum reports a franchisee must provide.

(3) Records Required. A franchisee shall maintain such records as the City may reasonably require in order to enforce its rights and the rights of the public under this cable ordinance or the franchise agreement, and to otherwise ensure that the franchisee is complying with applicable law. Each franchise agreement shall specify the minimum records a franchisee must maintain.

(4) Performance Evaluation.

(a) The City may, at its discretion, hold scheduled performance evaluation sessions for a franchisee. All such evaluation sessions shall be open to the public.

(b) All evaluation sessions shall be announced in a newspaper of general circulation.

(c) Topics that may be discussed at any scheduled or special evaluation session may include, but are not limited to, system performance and construction, franchisee compliance with this chapter and a franchise agreement, customer service and complaint response, subscriber privacy, services provided, programming offered, service rate structures, if applicable, franchise fees, penalties, free or discounted services, applications of new technologies, judicial and FCC filings, and line extensions.

(d) During the review and evaluation by the City, a franchisee shall fully cooperate with the City and shall provide such information and documents as the City may need to reasonably perform its review.

(5) Retention of Records – Relation to Privacy Rights. Each franchisee shall take all steps required, if any, to ensure that it is able to provide the City all information which must be provided or may be requested under this chapter or a franchise agreement, including by providing appropriate subscriber privacy notices. Nothing in this section shall be read to require a franchisee to violate 47 USC 551. Each franchisee shall be responsible for blacking out any data that Federal law prevents it from providing to the City. Records shall be kept for at least five years.

[Prior code § 27.15]