Maintenance of Books and Records.

15.161. 

Requirement to Maintain Specific Books and Records. Grantee shall maintain all records pertaining to the operation of the Cable System or any Video Communications System in a manner specific to the Franchise Area. Grantee shall not maintain its only records concerning the Cable System or any Video Communications System within the Franchise Area in aggregate form which commingles such records with those of Cable Systems or any Video Communications System in other communities to the extent that Grantee's records for the Franchise Area cannot be separately distinguished. All records pertaining to Subscribers, Cable System or any Video Communications System operations and finances of the Grantee shall be maintained in a local office or a regional office that is no more than one hundred (100) miles from the corporate offices of the City.

15.162. 

Records and Books Stored at Remote Locations. Where Grantee is unable to locate books and records specific to the Franchise Area at a location which is either within the City of West Allis or within the one hundred (100) mile restriction, Grantee may locate such books and records at a remote location which is set forth by Grantee with the provision that in the event that the Franchising Authority, or its designee, requests to inspect such records, Franchising Authority shall provide no less than seven (7) calendar days notice to Grantee to inspect such records. Grantee shall pay for all reasonable travel expenses incurred by all personnel of the Franchising Authority, or its designee.

15.163. 

Records Required of Grantee. Grantee shall maintain records regarding certain aspects of its operations, including, but not limited to: Subscriber telephone calls and abandonment rates, Subscriber complaints regarding delivery and reception of cable service, Subscriber Installations and disconnections, partial and total system outages and their causes, Cumulative Leakage Index (CLI) testing records, Headend equipment proof-of-performance certificates and equipment testing results in accordance with FCC technical standards, notifications of rate or fee increases, rules, regulations and conditions established for the construction, operation, administration and maintenance of the Cable System or any Video Communications System, and other such records which are relevant to assessment of Grantee's performance under the Franchise Agreement and this Ordinance.

[Ord. 6400, amend, 10/6/1998]

15.164. 

Records to be Provided to City. Grantee shall provide the Franchising Authority with the following records:

A. 

Grantee shall file annually with the City Clerk not later than three (3) months after the end of its fiscal year during which it accepted this Franchise and within three (3) months after the end of each subsequent fiscal year, two (2) copies of a total facilities report, setting forth the total physical miles of plant installed or in operation during the fiscal year and a map showing the location of same.

B. 

Grantee shall provide the Franchising Authority with a quarterly summary of system outages and requests for repairs. Said reports shall indicate the date upon which the outage occurred, the area within the Franchise Area which was affected, the duration and cause of the outage and the date and time of resolution.

C. 

Grantee shall file, bi-annually with the Franchising Authority a copy of its Proof-of-Performance and Cumulative Leakage Index reports conducted in compliance with FCC Technical Standards for Cable Television Systems under 47 CFR 76.600, Subpart K, et. seq.

D. 

Grantee shall file a monthly summary of complaints tendered by Subscribers to the Grantee. Such summary record shall include the number of complaints received, an identification of the substance of the complaint, the method or methods by which the complaint was resolved and the date of resolution. Grantee shall also provide the Franchising Authority with a monthly report on telephone statistics for all telephone lines serving the Franchise Area. Said reports shall contain the number of calls received per day from the Franchise Area, abandoned calls, the time for which any Subscriber call was placed on hold and the rate at which callers received a busy signal.

E. 

Grantee shall provide the Franchising Authority with an annual listing of all reports, petitions, applications and correspondence generated from its local office filed with the FCC, which are not a part of Grantee's public inspection file, the United States Federal Trade Commission, or any other federal agency which has jurisdiction over the operation of Grantee's Cable System or any Video Communications System. Such listing shall be filed with the Franchising Authority no later than thirty (30) days following the close of the calendar year. The Franchising Authority may request a copy of any of the documents referred hereto at such time that it determines that such documents would be of benefit to the City's understanding of the operation of the Cable System or any Video Communications System.

[Ord. 6400, amend, 10/6/1998]

F. 

Grantee shall file annually with the City Clerk not later than three (3) months after the end of each subsequent fiscal year, a copy of the following supplemental information:

(1) 

If a nonpublic corporation, a list of all current shareholders and bondholders, both of record or beneficial. If a public corporation, a list of all shareholders who individually or as a concerted group hold five percent (5%) or more of the voting stock of the corporation.

(2) 

A current list of all Grantee's officers and directors, including addresses and telephone numbers.

(3) 

Copies of all pertinent agreements or contracts, except programming and confidential agreements that specifically prohibit disclosure, and including pole use agreements entered into by Grantee during the fiscal year in the conduct of its business under a franchise granted hereunder.

(4) 

The names and both business and residential addresses and phone numbers of the Cable System or any Video Communications System resident manager and engineer.

[Ord. 6400, amend, 10/6/1998]

(5) 

Two (2) copies of all types of Subscriber agreements. Copies of individual Subscribers' agreements are not to be filed with the City.

(6) 

Copies of all rules and regulations promulgated by the Grantee during the fiscal year in the conduct of its business, in accordance with this Ordinance.

(7) 

A copy of the annual report(s) of the parent firm(s) which own an interest of more than five percent (5%) or more of the voting stock of the Grantee and such other annual report(s) of subsidiaries or divisions of the parent firm(s), as the City deems necessary.

G. 

The City and Grantee shall collect and disclose Subscriber information within the limitations established by Section 631 of the Cable Communications Policy Act of 1984, as or now hereinafter amended, or any successor provision.

H. 

Grantee shall simultaneously file with the City a copy of each petition, application and communications, which it transmits to or receives from any Federal, State or other regulatory commission or agency having competent jurisdiction to regulate its operations in West Allis.

[Ord. 6400, amend, 10/6/1998]

I. 

Such reports, as required under this Section, must be available to the public in the office of the Franchising Authority during normal business hours. Subscribers shall be notified of the availability of such reports.

J. 

Records of subscriber lists and statistical data not otherwise required by this Section shall be made available only upon a determination by the City that such records are material to the City's regulatory program.

15.165. 

Duration of Maintenance of Records. Grantee shall maintain the following records for the amount of time as specified hereunder:

A. 

Government Franchise reports shall be maintained for the life of the Franchise.

B. 

Public files, as required by the FCC, shall be kept for no less than five (5) years.

C. 

Cash receipt logs, signal leakage measurement logs, complaint call logs and telephone activity reports shall be kept for no less than three (3) years.

D. 

All other reports required herein and not set forth in this Section shall be maintained by Grantee for a period of no less than the life of the Franchise.