Reports and records.
Cape Coral Code of Ordinances § 15-17
in effect§ 15-17 - Reports and records.
(a) Within six months of the close of its fiscal year, a franchisee shall provide the city an annual report that, at minimum, includes the following information:
(1) Upon request, a summary of the previous year's activities in development of the state of the art of cable systems and the system serving the city including but not limited to, services and products initiated or discontinued, new technologies, number of subscribers, 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 year with any projections previously provided to the city, as well as rate and charge increases and/or decreases for the previous fiscal year. It is the obligation of the franchisee to include within this report any and all information necessary to evaluate franchisee's system as compared to the definition of "state of the art", as defined in § 15-2 above;
(2) A financial statement, including a statement of sources of revenues for the franchise area. The statement shall be audited if franchisee has audited statements performed in its normal course of business. If not, the statement shall be certified by a certified public accountant, the franchisee's chief financial officer or other duly authorized financial officer of the franchisee. The statement shall include notes that specify all significant accounting policies and practices upon which it is based;
(3) To the extent there have been changes from maps already filed by franchisee, available for inspection upon request, a copy of updated maps depicting the location of all cable plant, showing areas served and locations of all trunk lines and feeder lines in the city. Upon request by the city, the maps shall be provided in digitized form at franchisee's expense, if franchisee has maps available in that form;
(4) Upon a request, a summary of subscriber or resident written complaints and/or complaints requiring a service call, identifying the number and nature of complaints and their disposition. Where complaints involve recurrent system problems, the nature of each problem and the corrective measures taken shall be identified. More detailed information concerning complaints shall be submitted upon written request of the city;
(5) Upon written request, a summary of the number of outages exceeding one hour, including number of planned outages, number of outages during prime viewing hours (8:00 p.m. to 11:00 p.m. daily), and number of outages by duration including number of subscribers affected;
(6) Upon request, 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; and, if the franchisee or its parent corporation's stock or ownership interests are publicly traded, a copy of its most recent annual report;
(7) Upon request, if the franchisee is a partnership, a list of the partners, including any limited partners, and their addresses; and if the general partner is a corporation, a list of officers and members of the Board of Directors or the corporate general partner, and the officers and directors of any parent corporation; and where the general partner or its parent corporation's ownership interests are publicly traded, a copy of its most recent annual report;
(8) Upon request, a list of all persons holding five percent or more ownership or otherwise cognizable interest in the franchisee pursuant to 47 C.F.R. § 76.501;
(9) Upon request, a copy of the franchisee's rules and regulations applicable to subscribers of the cable system;
(10) Upon request, a report on the number of senior citizen, economically disadvantaged or handicapped subscribers receiving any rate discounts, if any, and the amount of any discounts for specific services if franchisee offers separate rates or discounts for those categories of subscribers;
(11) In the event of any changes, but no less than annually, a full schedule and description of all products, services and equipment offer to cable subscribers, service hours and location of the franchisee's customer service office or offices available to subscribers, and a schedule of all rates, fees and charges for all product, services and equipment provided over the cable system; and
(12) Annually, a report on the number of total subscribers served by the franchisee in the cable system.
(b) Upon written request by the city, a franchisee shall provide, on an annual basis, the following documents to the city as received or filed, without regard to whether the documents are filed by the franchisee or an affiliate:
(1) Annual report of the franchisee or its parent or any affiliate of franchisee which controls franchisee and issues an annual report;
(2) Copyright filings reflecting the operation of the system;
(3) FCC Forms 325 and 395A for the system, or their successor forms;
(4) 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 in the city or that may impact the city's rights or obligations under this article of the franchise agreement issued pursuant to this article and any and all responses, if any, to the above mentioned filings;
(5) 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 system, franchisee, or any affiliate of franchisee, provided, however that any notice or documents relating to an affiliate of franchisee need be provided only to the extent the same may concern franchisee's operations in the city. For example, a notice that an affiliate which has a management contract for the city's system was not in compliance with the FCC's EEO requirements with respect to its activities in the city would be deemed to affect or bear on operations in the city;
(6) Any request for protection under bankruptcy laws, or any judgment related to a declaration of bankruptcy; and
(7) Notwithstanding anything to the contrary, the franchisee agrees to provide the city, within 30 days of filing or receipt of such, any document filed with or received from a governmental agency that may adversely impact franchisee's obligations under its franchise with respect to the construction, operation or maintenance of the franchisee's cable system or the city's rights with respect thereto.
(c) Upon reasonable notice and during normal business hours, a franchisee shall make a complete set of books and records available for inspection and audit by the city, for purposes of ascertaining compliance with requirements of this article and the franchise agreement.
(d) Upon reasonable notice and during normal business hours, a franchisee shall make available for inspection by the city 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 the city.
(e) Any materials requested by the city which are deemed proprietary and confidential under applicable law shall be made available to the city for review and inspection (but not copying or removal), but shall not be required to be filed with the city unless the filing is required by applicable law. To the extent consistent with applicable law, the city shall maintain the confidentiality of information provided by franchisee, when designated as proprietary and confidential by franchisee.
(Ord. 90-00, § 3, 9-11-2000)
Source: City of Cape Coral, Florida, Code of Ordinances, City Charter and Land Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/fl/cape_coral/codes/code_of_ordinances?nodeId=CH15FR_ARTICACO_S15-17REREFetched: 11/4/2026