City of Spokane

Spokane Municipal Code

***Note: Many local criminal codes can now be located under Chapter 10.60 SMC while others are now cited under the Revised Code of Washington (RCW), which was incorporated into the municipal code in 2022. (See SMC 10.58.010). Code Enforcement, including Noise Control and Animal Regulations are located in Chapters 10.62 through 10.74.

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Title 10
Chapter 10.27A
Section 10.27A.410
 

Title 10 Regulation of Activities

Chapter 10.27A Cable Communications Code

Article III. Franchise Conditions

Section 10.27A.410 Reports

To facilitate timely and effective enforcement of this chapter and any cable communications franchise and to develop a record for purposes of determining whether to renew any cable communications franchise, the City may, upon thirty days’ notice, require reports as specified in this section.

  1. Annual Report.
    No later than March 31st of each year, if requested by the City, a franchisee shall file a written report with the City, which shall include:

    1. a summary of the previous calendar year’s activities in development of this system, including but not limited to services begun or dropped, number of subscribers (including gains and losses), homes passed and miles of cable distribution plant in service (including different classes if applicable);

    2. an audited financial statement:

      1. including a:

        1. statement of income,

        2. statement of retained earnings,

        3. balance sheet,

        4. statement of sources and applications of funds,

        5. fixed asset statement showing for each account or category the original cost and accumulated depreciation balances and activity, and

        6. a depreciation statement showing the detailed calculation of depreciation expense for the year.

      The statement shall include notes that specify all significant accounting policies and practices upon which it is based (including, but not limited to, depreciation rates and methodology, overhead and intrasystem cost allocation methods, and basis for interest expense).

      1. A summary shall be provided comparing the current year with previous years since the beginning of a franchise. The statement shall contain a summary of franchise fee payments and any adjustment thereto as specified in SMC 10.27A.310.

      2. In any year the City requires an audited financial statement pursuant to this subsection, and an audited financial statement in compliance with this subsection is provided by a franchisee, that franchisee shall not be required to submit another audited financial statement for that year which otherwise may be required by SMC 10.27A.310;

    3. a current statement of cost of any construction by component category;

    4. a summary of complaints, identifying the number and nature of complaints and their disposition;

    5. if a franchisee is a corporation, a list of officers and members of the board and the officers and board members of any parent corporation;

    6. a list of all partners or stockholders holding one percent or more ownership interest in a franchisee and any parent corporation; provided, however, that when any parent corporation has in excess of one thousand shareholders and its shares are publicly traded on a national stock exchange, then a list of the twenty largest stockholders of the voting stock of such corporation shall be disclosed;

    7. a copy of all of a franchisee’s written rules and regulations applicable to subscribers and users of the cable system;

    8. any additional information related to operation of the cable system as reasonably requested by the City.

  2. Customer Service Reports.

    1. Franchisee shall maintain a quarterly compliance report specific to the system in the franchise area and shall provide such report to the City as specified in a franchise. Such report shall demonstrate franchisee’s compliance with the terms and provisions of SMC 10.27A.700 and any additional customer service requirements contained in a franchise.

    2. This report shall be available for inspection by authorized City representatives at the local office of the franchisee during regular office hours. Franchisee shall also comply with all requests by City officials to deliver such record to the City for inspection.

      1. Delivery shall be made to the official(s) requesting such inspection.

      2. Franchisee shall have the right to redact personally identifiable information consistent with 47 U.S.C. section 551.

    3. When similar complaints have been made by a number of subscribers, or where other evidence exists which, in the reasonable judgment of the City, casts doubt on the reliability or quality of the cable service, the City, notwithstanding any other provisions of this chapter, shall have the right and authority to require that franchisee test, analyze and report on the performance of the system. Franchisee shall fully cooperate with the City in performing such testing and shall prepare a written report of the results, if requested, within thirty days after notice.

    4. For the purpose of City verifying that franchisee’s complaint management process, procedure and service terminations are handled in accordance with the requirements of a franchise and applicable law, a database of billing complaints relating to such matters shall be maintained and reports thereto shall be made available upon request. The report shall include the following information:

      1. Name of complainant.

      2. Nature of complaint.

      3. Date and time received.

      4. Disposition; and

      5. Time and date of disposition.

      Such logs shall be maintained for a period of not less than two years. Franchisee shall not be required to provide subscriber data in violation of 47 U.S.C. section 551.

  3. The City may specify the form and details of all reports, with franchisee given an opportunity to comment in advance upon such forms and details. The City may change the filing dates for reports upon reasonable request of a franchisee.
     
  4. A franchisee shall annually make available to the city engineer for inspection a construction plan and schedule for the following twelve months.

  5. A franchisee shall, upon request of the City, make available a copy of the final report on each proof of performance test of each technical parameter defined in Part 76 of the Rules and Regulations of the FCC. If the FCC shall cease to require such test or if the FCC’s regulations do not apply pursuant to 47 CFR section 76, a franchisee shall:

    1. continue to conduct such tests at least once each calendar year (at intervals not to exceed fourteen months);

    2. upon request, provide a copy of each final report to the City within ten working days of completion of such reports; and

    3. maintain the resulting test data on file at its local office for at least five years.

    The City subsequently may require a full report on any deficiencies as disclosed by the proof of performance test within such reasonable period of time as it may designate.

  6. A franchisee shall make available to the City for inspection, as the City may request, a copy of all maps and charts of cable locations prepared by or for the franchisee during the duration of the franchise.
     
  7. The City shall have the right to inspect all construction and installation work performed by a franchisee subject to this chapter as it shall find necessary to ensure compliance with governing ordinances and the franchise, and shall have the right to inspect a franchisee’s cable system.

Date Passed: Monday, June 4, 2007

Effective Date: Wednesday, July 11, 2007

ORD C34041 Section 1 (Recodification)