A cable operator shall keep complete and accurate books of accounts and records concerning the business and operations of the cable system. In addition:
(A) The City shall, upon seven days written notice, have access at all reasonable hours to all plans, contracts and engineering, accounting, financial, statistical, summary customer service records, and other documents, as are necessary to the enforcement of City's rights or cable operator's obligations under this chapter or applicable law.
(B) The City shall have the right, on seven days written notice, to review at the cable operator's local office all records pertaining to a cable operator's cable operations with respect to the City which are necessary to the enforcement of this chapter or an applicable franchise. Any review, unless mutually agreed upon or judicially ordered, shall occur during the cable operator's regular office hours. The City acknowledges the sensitivity of these records, and will treat this information as confidential and proprietary to the fullest extent authorized by law.
(C) Not more frequently than every third year, subject to the provisions of division (E) below, the City shall have the right to hire an independent certified public accountant, or other business or financial expert, to review the books and records of a cable operator pertaining to revenue information in order to determine if franchise fees were properly paid.
(D) A deliberate false entry in the books and/or records of a cable operator of a material and substantial fact relevant to a cable operator's compliance with the terms of this chapter or its franchise may constitute a material violation of this chapter.
(E) If after a review or audit of a cable operator's records, it is discovered that the cable operator has underpaid franchise fees to the City by an amount that exceeds 5% of the total amount paid for any reporting year, then the City may require the cable operator to reimburse the City for the actual underpayment, and in addition thereto the City may require additional audits the following two years.
(Ord. 13-08, passed 6-3-13)
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