§ 6.08.070. Operation and reporting provisions.

A.

Reserved.

B.

Reserved.

C.

Reports.

1.

Annual Report. No later than ninety days after the end of its fiscal year, a franchisee shall submit a written report to the CATV special committee, in a form directed by the CATV special committee, which shall include the following information pertaining to the franchisee and, as applicable, the operations of the franchisee and any of its affiliates in the franchise area:

a.

A summary of the previous year's activities in development of the cable television system, including but not limited to descriptions of services begun or dropped, the number of subscribers gained or lost for each category of service, the number of pay units sold, the amount collected annually from other users of the system and the character and extent of the services rendered to such users,

b.

A summary of complaints, identifying both the number and nature of the complaints received and an explanation of their dispositions,

c.

An annual statement of gross revenues and franchise fee as defined elsewhere in this chapter in the form illustrated herein prepared by its chief financial officer and certified by its chief financial officer and chief operating officer to be in accordance with this section and to be true, correct and complete.

The statement of gross revenues and franchise fee must be examined by an Independent certified public accountant (CPA) approved by the finance director of the Metropolitan Government of Nashville and Davidson County. The CPA will prepare a report giving an opinion on the Statement of gross revenues and franchise fee. The CPA's opinion must be generally in the form illustrated below and specifically state that the statement reflects gross revenues and franchise fee calculated in conformity with this section:

(i)

Statement of Gross Revenues and Franchise Fee For the Fiscal Year Ended _______

In accordance with Ordinance No. _______ dated _______ (hereinafter Franchise Agreement) I/we have prepared the following Statement of Gross Revenues and Franchise Fee for the fiscal year ended _______.

Gross Revenue $$$$$

Franchise Fee Rate %

Franchise Fee Due $$$$$

  I certify that the information contained in this Statement of Gross Revenues and Franchise Fee is in accordance with the Franchise Agreement and is true, correct and complete to the best of my knowledge.

_____    

Chief Financial Officer Chief Operating Officer

Date: _______

(ii)

INDEPENDENT ACCOUNTANT'S REPORT

  We have examined the accompanying (Franchisee) Cable Statement of Gross Revenues and Franchise Fee for the year beginning _______ and ending _______ which will be provided to the Director of Finance of The Metropolitan Government of Nashville and Davidson County, Tennessee. (Franchisee) management is responsible for the Statement of Gross Revenue and Franchise Fee. Our responsibility is to express an opinion based on our examination.

  Our examination was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants and, accordingly, included examining, on a test basis, evidence supporting the (Franchisee) Statement of Gross Revenues and Franchise Fee and performing such other procedures, as we considered necessary in the circumstances. We believe that our examination provides a reasonable basis for our opinion.

  In our opinion, the Statement of Gross Receipts and Franchisee Fee for the year ending _______ referred to above, presents, in all material respects, the calculation of the Gross Revenues and Franchise Fee for the year in conformity with Section 6.08.070 of the Metropolitan Code of Laws.

d.

A current annual statement of all capital expenditures, including the cost of construction and of equipment,

e.

A statement of construction plans for the next two years,

f.

A statement of the total miles of plant in service and the miles of plant construction (if any) during the preceding year,

g.

A report showing the number of service calls received by type during the prior year, and the percentage of service calls compared to the subscriber base by type of complaint,

h.

A report showing the number of outages and service degradations for the prior year, and identifying separately each planned outage, the time it occurred, its duration, and the estimated area and number of subscribers affected; each unplanned outage or service degradation, the time it occurred, its estimated duration and the estimated area and the number of subscribers affected; and the total hours of outages and service degradations as a percentage of total hours of cable system operation,

i.

An ownership report, indicating all persons who at any time during the preceding year did control or benefit from an interest in the franchise of five percent or more,

j.

An annual list of officers and members of the board of directors of the franchisee and any affiliates,

k.

An organizational chart showing all corporations or partnerships with more than a five percent interest ownership in the franchisee, and the nature of that ownership interest (limited partner, general partner, preferred shareholder, etc.); and showing the same information for each corporation or partnership that holds such an interest in the corporations or partnerships so identified and so on until the ultimate corporate and partnership interests are identified,

l.

An annual report of each entity identified in subsection k of this section which issues an annual report, and

m.

Such other relevant information as the department of information services or the CATV special committee may direct;

2.

Reserved;

3.

Special Reports. Franchisees shall deliver the following special reports:

a.

Any notice of deficiency, forfeiture, or other document issued by any state or federal agency instituting any investigation or civil or criminal proceeding regarding the cable system, the franchisee, or any affiliate of the franchisee, to the extent the same may affect or bear on operations in Metropolitan Nashville. By way of illustration and not limitation, a notice that an affiliate that has a management contract for the cable system was not in compliance with FCC EEO requirements would be deemed to affect or bear on operations in Metropolitan Nashville. This material shall be submitted to Metropolitan Nashville at the time it is filed or within five days of the date it is received,

b.

Any request for protection under bankruptcy laws, or any judgment related to a declaration of bankruptcy by the franchisee or by any partnership or corporation that owns or controls the franchisee directly or indirectly. This material shall be submitted to Metropolitan Nashville at the time it is filed or within five days of the date it is received,

c.

Technical tests required by Metropolitan Nashville as specified in this chapter and the franchise agreement shall be submitted to Metropolitan Nashville promptly upon completion of such tests;

4.

Reserved.

D.

Records Required.

1.

A franchisee shall at all times maintain:

a.

Records of all service requests and complaints (other than those relating to programming content) received for a period of one year after receipt. The term "complaints" as used herein and throughout this chapter refers to complaints about any aspect of the cable system or franchisee's operations, including, without limitation, complaints about employee courtesy. Complaints recorded may not be limited to complaints requiring an employee service call,

b.

A full and complete set of plans, records, and "as built" maps showing the exact location of all system equipment installed or in use in Metropolitan Nashville, exclusive of subscriber service drops,

c.

A comprehensive record of all of franchisee's personnel transactions, and its utilization of contractors, subcontractors, vendors, and suppliers by race and sex for the previous three years,

d.

Records of outages, indicating date, duration, area, and the estimated number of subscribers affected, type of outage, and cause for the previous three years,

e.

Records of service calls for repair and maintenance indicating the date and time service was required, the date of acknowledgement and date and time service was scheduled (if it was scheduled), and the date and time service was provided, and (if different) the date and time the problem was solved for the previous three years,

f.

Records of installation/reconnection and requests for service extension, indicating date of request, date of acknowledgment, and the date and time service was extended for the previous three years,

g.

A public file showing its plan and timetable for construction of the cable system;

2.

Reserved.

E.

Performance Evaluation.

1.

The CATV special committee may, at its discretion, hold periodic performance evaluation sessions. All such evaluation sessions shall be open to the public, and announced in a newspaper of general circulation;

2.

Topics that may be discussed at any 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, franchise fees, penalties, free or discounted services, applications of new technologies, judicial and FCC filings, and line extensions;

3.

During the review and evaluation by the CATV special committee, a franchisee shall fully cooperate with the CATV special committee and shall provide such information and documents as the CATV special committee may need to reasonably perform its review.

F.

Voluminous Materials. If any books, records, maps or plans, or other requested documents are too voluminous, or for security reasons cannot be copied and moved, then a franchisee may request that the inspection take place at a location other than its local office, provided that (1) the franchisee must make necessary arrangements for copying documents selected by Metropolitan Nashville after review; and (2) the franchisee must pay all travel and additional copying expenses incurred by Metropolitan Nashville in inspecting those documents or having those documents inspected by its designee. Any such expenses paid by the franchisee are requirements or charges incidental to the enforcing of the franchise within the meaning of 47 U.S.C. Section 542(g)(2)(D).

G.

Retention of Records—Relation to Privacy Rights. Each franchisee shall take all steps required, if any, to ensure that it is able to provide Metropolitan Nashville 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 U.S.C. Section 551. Each franchisee shall be responsible for redacting any data that federal law prevents it from providing to Metropolitan Nashville. Except as otherwise provided herein, records shall be kept for at least five years.

(Ord. BL2013-396 § 7, 2013; Ord. BL2004-157 § 1, 2004; Ord. 95-1368 § 2 (part), 1995)