§ 26-25. Records and reports.

(a)

No later than June 30, of each year, and, for items that are to be submitted upon request of the county, no later than 30 days following such request, a franchisee shall provide the county an annual report concerning the previous calendar year that includes, at a minimum, the following information:

(1)

Upon request of the county, a summary, including all reasonably available information, of the previous calendar (January 1 through December 31) year's activities in development of the state of the art of cable systems, which may be satisfied by submitting the response to the FCC's annual survey to cable systems submitted by the franchisee or by the affiliate that controls the franchisee, and activities in development of the system serving the county, including, but not limited to, services and products initiated or discontinued, new technologies, number of subscribers, 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 county, as well as rate adjustments. Upon the county's request, it is the obligation of the franchisee to include within this report information necessary to evaluate franchisee's system as compared to the state of the art as defined in this chapter.

(2)

Upon request, if franchise fees are paid directly to the county, a statement of revenues for the previous calendar year. The statement shall be audited if the franchisee has such an audited statements prepared in its normal course of business. If not, the franchisee's chief financial officer or other duly authorized financial officer shall certify the statement. The statement shall include notes that specify all significant accounting policies and practices upon which it is based to the extent required by GAAP.

(3)

Upon request, a summary of written subscriber or resident complaints identifying the number and nature of complaints and their disposition. More detailed information concerning complaints shall be submitted upon request of the county.

(4)

Upon request, the number and duration of outages, number of planned outages, and number of outages during prime viewing hours (8:00p.m.—11:00p.m.) in the past year.

(5)

Upon request, if the franchisee is a corporation, a list of officers and members of the board of directors and the officers and members of the board of directors of any parent corporation.

(6)

Upon request, if the franchisee is a partnership, a list of the partners, including any limited partners, and their addresses; and where the general partner or its parent corporation's ownership interests are publicly traded, a copy of its most recent annual report.

(7)

Upon request, a list of all persons who at the time of filing control or hold five percent or more ownership or otherwise cognizable interest in the franchisee pursuant to 47 CFR 76.501.

(8)

Upon request, copies of a franchisee's standard form of subscriber agreements.

(9)

A full schedule and description of services, office and telephone hours, and location of the franchisee's customer service offices available to subscribers, and a schedule of all rates, fees, and charges for all services.

(10)

A report on the number of total subscribers served by the franchisee in the county.

(b)

A franchisee shall provide the following documents to the county as received or filed, without regard to whether the documents are filed by the franchisee or an affiliate:

(1)

Upon the county's request, the annual report of the franchisee or any affiliate of the franchisee that controls the franchisee and issues an annual report;

(2)

Upon the county's request, copyright filings reflecting the operation of the system;

(3)

Upon the county's request, FCC Forms 325 and 395A for the system, or their successor forms;

(4)

Any and all pleadings, petitions, applications, communications, reports, and documents (collectively referred to as "filings") submitted by or on behalf of the franchisee to any state or federal agency, court, or regulatory board which filings concern the franchisee's operations in the county or that concern the county's rights or obligations under this chapter or a franchise agreement and any and all responses, if any, to the above mentioned filings.

(5)

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

(6)

Any request for protection under bankruptcy laws, or any judgment related to a declaration of bankruptcy.

(7)

Any document that adversely impacts franchisee's compliance with its franchise or this chapter.

(c)

A franchisee shall make records available in Pinellas, Hernando, Pasco or Hillsborough Counties for inspection and audit by the county, for purposes of ascertaining compliance with requirements of this chapter and the franchise agreement. Such inspection and audit shall be upon reasonable notice and during normal business hours.

(d)

Franchisees shall at all times make available for inspection and copying by the county, records that demonstrate compliance with the customer service standards contained in this chapter.

(e)

Upon request of a franchisee, any materials submitted to the county that a franchisee deems proprietary and confidential shall not be made available to the public to the extent permitted by applicable law, including, but not limited to, the state public records law. To the extent the county cannot maintain the confidentiality of such materials, the county may inspect such materials at a franchisee's premises, but shall not copy or remove such materials.

(Ord. No. 02-18, § 2, 7-30-02)