§ 58-4.1012. Records and reports.

(1)

Access to Books and Records.

(a)

The county or its designee shall have the right to review, upon reasonable and timely written notice, during the hours of nine a.m. to five p.m., Monday through Friday, at the operator's local office, all books, documents, and records reasonably necessary to ensure compliance with the franchise.

(b)

To the extent not inconsistent with applicable law, the operator shall have the right to designate confidential and proprietary any confidential, proprietary, trade secret and privileged information that may be provided to the county and the county shall thereupon treat such information as privileged from disclosure under the California Public Records Act. The county shall provide the operator with at least ten business days' advance notice of any request by a third party for disclosure of information designated by the operator as confidential, proprietary, trade secret or privileged. To the extent that any information regarding the local cable system is maintained, either separately or cumulatively with information concerning other cable systems or operations, by the operator or an affiliate, the operator shall make copies of such records available for inspection and auditing at the local office within seven days after receipt of a written request by the county.

(c)

If any documents, books and records are too voluminous, or for security reasons cannot be copied and moved, then a cable operator may request that the inspection take place at some other location mutually agreed to by the county and a cable operator, provided that the cable operator shall pay all travel and additional expenses incurred by the county (above those that would have been incurred had the documents, books and records been produced at the operator's local office) in inspecting those documents, books and records or having those documents, books and records inspected by its designee.

(d)

Without limiting the foregoing, a cable operator shall provide the county with the following within ten days of receipt or (in the case of documents, books or records created by the cable operator or its affiliate) filing:

(i)

Notices of deficiency or forfeiture related to the operation of the system; and

(ii)

Copies of any request for protection under bankruptcy laws, or any judgment related to a declaration of bankruptcy by a cable operator, or by any partnership or corporation that owns or controls the cable operator directly or indirectly.

(e)

Upon reasonable request and limited to matters directly affecting the cable system or the county's authority over the cable system, operator will provide copies of all petitions, applications, communications and reports submitted by the operator or on behalf of the operator to the Federal Communications Commission, Securities and Exchange Commission, or any other governmental authority having jurisdiction with respect to any matters affecting the cable system. Copies of responses from any such governmental authority to the operator shall likewise be furnished upon request to the county.

(2)

Reports. A cable operator shall within ninety days of each calendar year end, submit a written end of the year report to the county with respect to the preceding calendar year containing the information required by such operator's franchise agreement.

(3)

Records Required. A cable operator shall at all times maintain:

(a)

Records of all complaints received with information sufficient to allow a cable operator to prepare the reports required in this section, and the operator's franchise agreement;

(b)

Records of outages known to a cable operator, with information sufficient to allow a cable operator to prepare the reports required in this section and the operator's franchise agreement;

(c)

Records of service calls for repairs and maintenance indicating the date and time service was requested, the date of acknowledgment 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;

(d)

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

(e)

System financial records prepared in accordance with generally accepted accounting principles.

(4)

Additional Records and Reports. The county may require cable operators to maintain records and to prepare reports relevant to determining a cable operator's compliance with the terms and conditions of this chapter and a franchise.

(5)

Maps. The operator shall at all times maintain and upon request make available for review by the county: a full and complete set of plans, records and "as-built" maps showing the location of the cable system installed or in use in the county, exclusive of subscriber service drops and equipment provided in subscribers' homes. To the extent technically and economically feasible, the operator shall also make records and strand maps available to the county in electronic format compatible with the county's computer system.

(6)

Waiver of Reporting Requirements. The county may, at its discretion, waive in writing the requirement of any particular report specified in this section.

(Ords. 2006-65 § 3, 93-55).