Canandaigua, Town |
Code of Ordinances |
Part II. General Legislation |
Chapter 138. Multichannel Service Providers |
§ 138-23. Retention and submission of reports and records.
Latest version.
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A.Notwithstanding any requirements contained elsewhere in this chapter, an MCS provider shall maintain and retain such records and reports as are necessary for the Town to determine compliance with the obligations imposed on it by this chapter, and to determine the MCS provider's legal, technical, financial, and character qualifications.B.On or before January 1 of each year after the effective date of this chapter, an MCS provider shall submit to the Town Board a list of files, reports, records, data or other information that the MCS provider periodically, customarily, and/or regularly files with the FCC, or another federal or state agency. For any other report that an MCS provider files with any other federal or state agency, and that has a direct impact on the operation of the MCS provider's multichannel system, then the MCS provider shall notify the Town Board of such filing within 15 days of said filing.C.Said notice shall inform the Town Board of the nature and scope of the filing, as well as the recipient of the filing (i.e., the name, address, department, division, and phone number of the recipient).D.As part of any performance or compliance evaluation, or for any legitimate matter related to the administration and enforcement of an MCS provider franchise, agreement, license or permit, the Town Board may specifically request and require that it be provided with any or all listed reports, records, data, or other information that were originally filed with the FCC, the Securities and Exchange Commission (SEC) or any other federal or state agency. However, unless specifically authorized by the state, an MCS provider shall not be required to provide the Town Board with any state or federal tax returns, or any documents (inclusive of all above-referenced categories) that are exempted under state or federal privacy laws, including any applicable provision of the PSC, and Section 631 of the Cable Act (codified at 47 U.S.C. § 551).E.Notwithstanding anything to the contrary in the preceding Subsection D, the Town reserves the right to require, as deemed necessary for the administration and enforcement of this chapter, or a franchise, other agreement, license or permit, that a franchisee or other MCS provider provide the Town with copies of all applications, reports, documents, correspondence, pleadings and petitions of any kind whatsoever that relate to or have an effect on the system, the franchisee or the franchising authority that are submitted by or on behalf of the franchisee or other MCS provider, to the FCC or any other federal or state regulatory agencies or courts having jurisdiction with respect to any matters that affect the construction, operation, or regulation of a cable television system or other multichannel service system, or that affect the services provided by such a system, where such addresses issues which affect the operation of the franchisee's or other MCS provider's system within the Town. Said information shall be provided in a timely and expeditious manner, as may be required by this chapter or a franchise agreement or other agreement, license or permit, or lawful operating authority.F.Copies of such responses, decisions, or any other communications from the regulatory agencies or courts to a franchisee or other MCS provider or its agent, including franchisee's or other MCS provider's corporate parent, attorney, or consultants, relative to its multichannel system in the Town, or the operation of the system within the Town, shall likewise be filed with the Town immediately on the filing or receipt of such, but in no case later than 30 days after the filing or receipt.G.In addition to the requirements noted in the preceding subsections of this section, an MCS provider shall timely submit those reports, statements, and logs required by this chapter, including, but not limited to, the following:(1)A periodic gross revenue statement in the manner set forth in this chapter;(2)A periodic certification and evidence that the MCS provider is answering of phones in accordance with the minimum requirements listed in this chapter;(3)Evidence of the satisfactory resolution of problems and complaints in the manner set forth in this chapter;(4)A copy of the outage log applicable to the system in the Town, showing all service outages of any kind and duration, in accordance with the requirements in this chapter pertaining to such logs;(5)Preventive maintenance reports in the manner set forth in this chapter;(6)Where applicable, FCC Form 393 or 1200 (or equivalent) rate worksheets;(7)Where applicable, FCC Form 394 (or equivalent) concerning assignment or transfer of a franchised Multichannel system classified as a franchised cable system; and(8)FCC Form 395-A (or equivalent) concerning equal employment opportunity (EEO) and fair contracting policies.