§ 25-3-104. REPORTS TO COUNTY; AUDIT.

(a)

Construction reports.

(1)

The franchisee shall furnish the county with progress reports indicating, in detail, the progress of the construction of a cable system.

(2)

The franchisee shall provide the first report 1 year after the date construction has begun and shall provide a report every 6 months following the first report until the construction is substantially completed.

(b)

Annual reports. Within 3 months after the close of a franchisee's fiscal year, the franchisee shall file with the County Council an annual report that includes:

(1)

Subject to the limitations on the disclosure of proprietary information under § 25-1-102 of this article:

(i)

A summary of the activities of the previous calendar year regarding development of the cable system, including:

1.

New or discontinued services;

2.

The total number of subscribers and the number of subscribers gained and lost;

3.

Homes passed and miles of cable distribution plants in service; and

4.

A description of any construction, including system upgrades, with projected timetables for completion; and

(ii)

A copy of updated maps depicting the location of all cable trunks where there was construction in the previous year;

(2)

If the franchise is a corporation, a list of the officers and members of the board and the officers and board members of any parent corporation;

(3)

A list of:

(i)

All partners or stockholders holding a 5% or greater ownership interest in the franchisee and any parent corporation; or

(ii)

The 10 stockholders or partners with the largest holdings if the entity has fewer than 10 stockholders or partners holding a 5% percent ownership interest; and

(4)

A copy of all of the franchisee's rules, regulations, and policies applicable to subscribers and users of the cable system.

(c)

Annual financial statement.

(1)

Within 3 months after the close of a franchisee's fiscal year, the franchisee shall prepare, at its own expense, and file with the County Council an annual financial statement of the preceding fiscal year.

(2)

The financial statement shall include a written certification from an independent certified public accountant that the franchise fees paid to the county are correct and in compliance with § 25-2-107 of this article.

(d)

County inspection and audit.

(1)

The county or its designee may:

(i)

Inspect and audit all financial records of a franchisee; and

(ii)

Recompute the amount of the annual franchise fee required under § 25-2-107 of this article.

(2)

The franchisee is responsible for the reasonable cost of the audit if the annual franchise fee payment to the county is increased by more than 5% as a result of the audit.

(e)

Duty to file copy of other reports with county. Within 10 days after a franchisee or its subsidiaries have filed a report, petition, or communication with another governmental body relating to any aspect of the franchisee's operations in the county, the franchisee shall file a copy of the document with the county.

(f)

Additional information requested by County Council. Subject to the limitations on the disclosure of proprietary information under § 25-1-102 of this article, a franchisee shall submit, within a reasonable time, any further information regarding the business of the franchisee that the County Council may reasonably request in order to carry out the County Council's regulatory responsibilities.

(1988 Code, § 8-9) (Bill No. 134-97, §§ 1, 2, 12-5-1997; Bill No. 31-03, § 2, 7-1-2004)