AG 1993 01 19 - Laserfiche WebLink

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Memorandum Page 2 January 12, 1993 3) Section 12.13 Quarterly Reports The Commission finds that no quarterly reports have been submitted. 4) Section 12.14 Annual Reports The Commission finds that no annual reports have been submitted, with the exception of a "Schedule of Gross Receipts." The Commission finds that certified annual "Schedule of Gross Receipts" does not satisfy the requirements of this section which calls for complete financial statements. In accordance with the definitions of terms and the use of the word "shall", the above specified reports are mandatory, not optional or "upon request". It is the opinion of the Cabarrus County Cable Franchise Commission that the above findings represent a material breach of the terms of the franchise ordinance and are grounds for revocation of the franchise in accordance with Section 5.4. The Cable Communications Policy Act of 1984 provides that a cable operator's failure to substantially comply with the material terms of the franchise is grounds for non-renewal; however, the cable operator should be given notice and an opportunity to cure. It is the recommendation of the Cabarrus County Cable Franchise Commission to the Board of County Commissioners to put Vision Cable of Metrolina on notice of the above findings and to bring to their attention the remedies of violation under Section 9.1 (b). It is further advised that the Board of County Commissioners direct Vision Cable to come into compliance with the above sections.