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View recently adopted ordinances as of January 13, 2009 NOT YET CODIFIED OR INTEGRATED IN THIS SITE. (pdf file)

Ordinances enacted through January 13, 2009

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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Sec. B10-73. Reports.

(a) The County Executive may from time to time direct a franchisee to prepare reports related to the provisions of applicable law or the franchise, or the construction, operation or repair of the cable communications system and to submit those reports by a date certain, in a format prescribed by the County Executive, in addition to those required by this chapter.

(b) Unless an exemption is granted by the County Executive, no later than 90 days after the end of its fiscal year, a franchisee shall submit the following information, except that the information required by Section B10-72(b)(3) need only be provided where there has been a change from the preceding year:

(1) A fully audited report by an independent, certified public accountant or a report by an officer of franchisee who is authorized and qualified to make binding representations on behalf of the franchisee, of gross revenues from the previous calendar year for the cable communications systems attributable to the franchise area, and a certified statement setting forth the computation of gross revenues used to calculate the franchise fee for the preceding year and a detailed explanation of the method of computation showing (i) gross revenues by category (e.g., basic, pay, pay-per-view, advertising, installation, equipment, late charges, miscellaneous, other); (ii) what, if any, deductions were made from gross revenues in calculating the franchise fee (e.g., bad debt, credits and refunds), and the amount of each deduction; and (iii) in the case of revenues allocated to the system, the total revenues, the allocation methodology used, and the resulting revenues allocated to the system.

(2) A report showing, for each applicable customer service standard, the franchisee's performance with respect to that standard for each quarter of the preceding year. In each case where franchisee concludes it did not comply fully, the franchisee will describe the corrective actions it is taking to assure future compliance. In addition, the report should identify the number and nature of the customer service complaints received and an explanation of their dispositions.

(3) An ownership report, indicating all persons who at the time of filing control or own an interest in the franchisee of ten percent or more.

(c) Within ten days of their receipt or (in the case of documents created by the cable communications system operator or a person acting on its behalf) filing, a franchisee shall provide the County:

(1) Notices of deficiency or forfeiture related to the operation of the cable communications system other than notices of deficiency or forfeiture from the County; and

(2) Any request for protection under bankruptcy laws, or any judgment related to a declaration of bankruptcy by the franchisee or by any partnership or corporation that owns or controls the franchisee directly or indirectly.

(Ord. No. NS-905, § 2, 12-13-05)

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