§ 76.1700   Records to be maintained by cable system operators.

   (a) Public inspection file. The following records must be placed in the
   online public file hosted by the Commission, except as indicated in
   paragraph (d) of this section and except that the records listed in
   paragraph (a)(1) of this section (political file) that are in existence
   30 days after the effective date of this provision, if not placed in
   the online file, shall continue to be retained at the system and made
   available to the public in the manner discussed in paragraph (e) of
   this section until the end of the retention period. In addition, any
   cable system with fewer than 5,000 subscribers shall continue to retain
   the political file at the system in the manner discussed in paragraph
   (e) of this section until March 1, 2018. For these systems, effective
   March 1, 2018, any new political file material shall be placed in the
   online file hosted by the Commission, while the material in the
   political file as of March 1, 2018, if not placed in the Commission's
   online public file, shall continue to be retained at the system in the
   manner discussed in paragraph (e) of this section until the end of its
   retention period. However, any system that is not required to place its
   political file in the Commission's online public file before March 1,
   2018 may choose to do so, instead of retaining the political file at
   the system in the manner discussed in paragraph (e) of this section.

   (1) Political file. All requests for cablecast time made by or on
   behalf of a candidate for public office and all other information
   required to be maintained pursuant to § 76.1701;

   (2) Equal employment opportunity. All EEO materials described in
   § 76.1702 except for any EEO program annual reports, which the
   Commission will link to the electronic version of all systems' public
   inspection files;

   (3) Commercial records on children's programs. Sufficient records to
   verify compliance with § 76.225 in accordance with § 76.1703;

   (4) Performance tests (channels delivered). The operator of each cable
   television system shall maintain a current listing of the cable
   television channels which that system delivers to its subscribers in
   accordance with § 76.1705;

   (5) Leased access. If a cable operator adopts and enforces written
   policy regarding indecent leased access programming, such a policy
   shall be published in accordance with § 76.1707;

   (6) Availability of signals. The operator of every cable television
   system shall maintain a list of all broadcast television stations
   carried by its system in fulfillment of the must-carry requirements in
   accordance with § 76.1709;

   (7) Operator interests in video programming. Cable operators shall
   maintain records regarding the nature and extent of their attributable
   interests in all video programming services as well as information
   regarding their carriage of such vertically integrated video
   programming services on cable systems in which they have an
   attributable interests in accordance with § 76.1710;

   (8) Sponsorship identification. Whenever sponsorship announcements are
   omitted pursuant to § 76.1615(f) of Subpart T, the cable television
   system operator shall maintain a list in accordance with § 76.1715;

   (9) Compatibility with consumer electronics equipment. Cable system
   operators generally may not scramble or otherwise encrypt signals
   carried on the basic service tier. Copies of requests for waivers of
   this prohibition must be available in the public inspection file in
   accordance with § 76.630.

   (b) Information available to the franchisor. These records must be made
   available by cable system operators to local franchising authorities on
   reasonable notice and during regular business hours, except as
   indicated in paragraph (d) of this section.

   (1) Proof-of-performance test data. The proof of performance tests
   shall be made available upon request in accordance with § 76.1704;

   (2) Complaint resolution. Cable system operators shall establish a
   process for resolving complaints from subscribers about the quality of
   the television signal delivered. Aggregate data based upon these
   complaints shall be made available for inspection in accordance with
   § 76.1713.

   (c) Information available to the Commission. These records must be made
   available by cable system operators to the Commission on reasonable
   notice and during regular business hours, except as indicated in
   paragraph (d) of this section.

   (1) Proof-of-performance test data. The proof of performance tests
   shall be made available upon request in accordance with § 76.1704;

   (2) Signal leakage logs and repair records. Cable operators shall
   maintain a log showing the date and location of each leakage source in
   accordance with § 76.1706;

   (3) Emergency alert system and activations. Every cable system shall
   keep a record of each test and activation of the Emergency Alert System
   (EAS). The test is performed pursuant to the procedures and
   requirements of part 11 of this chapter and the EAS Operating Handbook.
   The records are kept in accordance with part 11 of this chapter and
   § 76.1711;

   (4) Complaint resolution. Cable system operators shall establish a
   process for resolving complaints from subscribers about the quality of
   the television signal delivered. Aggregate data based upon these
   complaints shall be made available for inspection in accordance with
   § 76.1713;

   (5) Subscriber records and public inspection file. The operator of a
   cable television system shall make the system, its public inspection
   file, and its records of subscribers available for inspection upon
   request in accordance with § 76.1716.

   (d) Exceptions to the public inspection file requirements. The operator
   of every cable television system having fewer than 1,000 subscribers is
   exempt from the online public file and from the public record
   requirements contained in § 76.1701 (political file); § 76.1702 (EEO
   records available for public inspection); § 76.1703 (commercial records
   for children's programming); § 76.1704 (proof-of-performance test data);
   § 76.1706 (signal leakage logs and repair records); § 76.1714 (FCC rules
   and regulations); and § 76.1715 (sponsorship identification).

   (e) Location of records. Public file material that continues to be
   retained at the system shall be retained in a public inspection file
   maintained at the office in the community served by the system that the
   system operator maintains for the ordinary collection of subscriber
   charges, resolution of subscriber complaints, and other business and,
   if the system operator does not maintain such an office in the
   community, at any accessible place in the communities served by the
   system (such as a public registry for documents or an attorney's
   office). Public file locations will be open at least during normal
   business hours and will be conveniently located. The public inspection
   file shall be available for public inspection at any time during
   regular business hours for the facility where they are kept. All or
   part of the public inspection file may be maintained in a computer
   database, as long as a computer terminal capable of accessing the
   database is made available, at the location of the file, to members of
   the public who wish to review the file.

   (f) Links and contact and geographic information. A system must provide
   a link to the public inspection file hosted on the Commission's Web
   site from the home page of its own Web site, if the system has a Web
   site, and provide contact information on its Web site for a system
   representative who can assist any person with disabilities with issues
   related to the content of the public files. A system also is required
   to include in the online public file the address of the system's local
   public file, if the system retains documents in the local file that are
   not available in the Commission's online file, and the name, phone
   number, and email address of the system's designated contact for
   questions about the public file. In addition, a system must provide on
   the online public file a list of the five digit ZIP codes served by the
   system. To the extent this section refers to the local public
   inspection file, it refers to the public file of a physical system,
   which is either maintained at the location described in paragraph (e)
   or on the Commission's Web site, depending upon where the documents are
   required to be maintained under the Commission's rules.

   (g) Reproduction of records. Copies of any material in the public
   inspection file that is not also available in the Commission's online
   file shall be available for machine reproduction upon request made in
   person, provided the requesting party shall pay the reasonable cost of
   reproduction. Requests for machine copies shall be fulfilled at a
   location specified by the system operator, within a reasonable period
   of time, which in no event shall be longer than seven days. The system
   operator is not required to honor requests made by mail but may do so
   if it chooses.

   [ 81 FR 10125 , Feb. 29, 2016, as amended at  82 FR 11412 , Feb. 23, 2017]

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