Chapter 5.16 CABLE SERVICE REGULATIONS
Section 5.16.040 Franchisees' duties.
5.16.040 Franchisees' duties.
A. A franchisee must implement remedial
requirements, including prospective rate reductions
and refunds, within sixty days of the date the city council issues an order mandating a remedy.
B. Within ninety days of the date an
order mandating a remedy is issued, a franchisee must file
a certification, signed by an authorized representative of the cable company, stating:
1. Whether the franchisee has complied
fully with all provisions of the city council's order; and
2. Describing in detail the precise measures
taken to implement the city council's order; and
3. Showing how refunds (including interest)
were calculated and distributed.
C. It is each franchisee's responsibility
to keep accurate and adequate books and records of
account so that it can properly and accurately refund any amounts owed to subscribers.
D. It is each franchisee's duty to submit
as complete and accurate a filing as possible, and
knowingly withholding information or making a filing that is incomplete or inaccurate under
applicable law shall be treated as an evasion of this ordinance.
E. Information Requests.
1. A franchisee and any other entity
that has records of revenues or expenses that are allocated
to the franchisee's system must respond to requests for information from the city council and the
telecommunication commission by deadlines established by those bodies. A franchisee is
responsible for ensuring that such other entity responds to the city's requests of the city council
and
the telecommunication commission.
2. Because federal law limits the time
available for an initial response to a filing by a
franchisee, before the order contemplated by Section 5.16.020 (B) issues, the franchisee must be
prepared to respond to requests for information regarding its filing within five days of the date an
information request is mailed to it. The information may include the information the franchisee
would be required to provide as part of any supplementary filing. (Ord. 93-44 § 4, 1993)