§ 1-10-186. Retention and submission of reports and records.

(a)

Notwithstanding any requirements contained elsewhere in this article, and to the extent permitted under law, a franchised cable operator shall maintain and retain such records and reports necessary for the board/franchising authority to determine compliance with the obligations imposed on it by this article, and to determine the franchised cable operator's legal, technical, financial, and character obligations.

(b)

On or before January 1 of each year after the effective date of this article, a franchised cable operator shall submit to the board/franchising authority a list of files, reports, records, data or other information that the franchised cable operator periodically, customarily, and/or regularly files with the FCC, or another federal or state agency. For any other report that a franchised cable operator files with another federal or state agency (and that has a direct impact on the operation of the franchised cable operator's system), the franchised cable operator shall include such report with its annual list of periodic filings and reports. Such listing shall include the nature and scope of the filing, as well as the recipient (name, address, department, division, and phone number) of the filing.

(c)

As part of a performance evaluation, or for any legitimate matter related to the administration and enforcement of a franchise, franchise resolution, or franchise agreement, the board/franchising authority may specifically request that it be provided with any or all listed reports, records, data, or other information that was originally filed with the FCC, Securities and Exchange Commission (SEC), or another federal or state agency. However, unless specifically authorized by the state, a franchised cable operator shall not be required to provide the board/franchising authority any state or federal tax returns, or any documents (inclusive of all listed and/or noted categories) exempted under state or federal privacy laws, including the privacy provisions of the Cable Act.

(d)

In addition to the requirements of this section, a franchised cable operator shall timely submit the following reports, statements, and/or logs:

(1)

A gross revenue statement to be submitted quarterly with the franchise fee payments;

(2)

Where applicable, FCC Form 394 (or equivalent) concerning assignment, transfer, or sale of a franchised cable operator's cable system; and

(3)

Where applicable, FCC Form 395(A) (or equivalent) concerning equal employment opportunity (EEO) and fair contracting policies.

(Ord. No. 97-023, § 1, 4-22-97)