§ 12-20. Reports and records.

(A)

Within forty-five (45) days after the expiration of the fiscal quarter, a franchisee shall provide the County a quarterly report which includes the following information:

(1)

A summary of the previous quarter's activities in development of the system, including but not limited to, services initiated or discontinued, number of subscribers for each tier or type of service (including gains and losses), 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 quarter with any projections previously provided to the County, as well as rate and charge increases and/or decreases for the previous fiscal year.

(2)

A copy of updated maps depicting the location of all cable plants, showing areas served and locations of all trunk lines and feeder lines in Orange County. When such maps are generally available in digitized form, those maps shall be made available in digitized form to the County at the franchisee's expense.

(3)

A summary of the number, type and duration of outages, the reason for the outage, and the number of subscribers affected.

(B)

Upon request of the County, a franchisee shall provide, on an annual basis, 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)

A financial statement, including a statement of revenues and a statement of sources of revenues. The statement shall be audited if the franchisee has statements audited in its normal course of business. If not, the statement shall be certified by a certified public accountant or the franchisee's chief financial officer. The statement shall include notes that specify all significant accounting policies and practices upon which it is based. A summary shall be provided comparing the current year with previous years since the beginning of the franchise.

(2)

If the franchisee is a corporation, a list of officers and members of the board of directors; the officers and members of the board of directors of any parent corporation; if the franchisee or its parent corporation's stock or ownership interests are publicly traded, a copy of its most recent annual report; and a list of all persons holding five percent (5%) or more ownership or otherwise cognizable interest in the franchisee pursuant to 47 C.F.R. 76.501.

(3)

A copy of the franchisee's rules and regulations applicable to its subscribers.

(4)

A full schedule and description of services, service hours and location of the franchisee's customer service office(s) available to subscribers, and a schedule of all rates, fees and charges for all services provided over the cable system.

(5)

Any and all pleadings, petitions, applications, communications, reports and documents (collectively referred to as "filings") submitted by or on behalf of the franchisee to the FCC, SEC or any state or federal agency, court or regulatory commission, which filings may impact the franchisee's operation of the franchisee's cable system or that may impact the County's rights or obligations under this chapter or the franchise agreement issued pursuant to this chapter, and any and all responses, if any, to the above mentioned filings.

(6)

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

(7)

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

(8)

Notwithstanding anything to the contrary, the franchisee shall provide the County, within thirty (30) days of filing or receipt of such, any document that may adversely impact the construction, operation or maintenance of the franchisee's cable system.

(C)

Upon written request by the franchisee and subject to applicable law, including Chapter 119 of the Florida Statutes, information of a proprietary nature submitted by the franchisee to the County pursuant to this chapter or a franchise agreement shall not be made available for public inspection. The County shall promptly notify a franchisee of any request it receives from a third party for such information.

(Ord. No. 98-20, § 1, 9-15-98)