(a) Liquidated damages authorized. For a franchisee's violation of this article or its franchise agreement, the Information Technology Officer may assess against the franchisee liquidated damages up to the limits established in the franchise agreement and assess and withdraw the liquidated damages from the franchisee's security fund as provided in its franchise agreement.
(b) Civil penalties. For a franchisee's violation of this article or its franchise agreement, the Information Technology Officer may assess against the franchisee civil penalties up to the limits specified in the chart contained in this subsection and assess and withdraw the civil penalties from the franchisee's security fund as provided in its franchise agreement.
Violation | Civil Penalty |
Construction delays or upgrade-related delays where a franchise requires a construction or upgrade schedule | $500 per day. |
Violation of customer service standards | $100 per day or per occurrence, as applicable. |
Failure to comply with PEG access requirements | $135 per day, in addition to any monetary payment due. |
Failure to supply information, reports, or filings lawfully required | $200 per day. |
Failure to render payments due to the County, such as franchise fees or liquidated damages | $100 per day, in addition to any monetary payment due. |
Failure to file, obtain, or maintain a bond in a timely fashion | $50 per day. |
Failure to restore damaged property | $50 per day, in addition to the cost of the restoration. |
Violation of technical standards of the FCC | $100 per day. |
Any other violations of this article, a franchise agreement, or other law applicable to a cable system operator | $200 per day for each violation for each day the violation continues. |
(c) Payment of civil penalty. A franchisee shall pay a civil penalty assessed in accordance with this article within 30 days after receipt of notice from the County.
(d) Offset of penalties. If civil penalties are assessed against a franchisee under this section, the franchisee is not subject to liquidated damages payable to the County for the same violation. If liquidated damages payable to the County are assessed against a franchisee, the franchisee is not subject to civil penalties under this section for the same violation. If the County seeks actual damages for any violation, any penalties or liquidated damages recovered by the County for the same violation, including penalties or liquidated damages for partial time periods included in a longer time period for which actual damages are sought, shall be offset against any actual damages recovered by the County.
(e) Filing of appeal does not stay or release obligations. The filing of an appeal to any regulatory body or court does not stay or release the obligations of a franchisee under the franchise agreement and applicable law. This provision reflects in part the obligations of a franchisee under applicable law and may not be construed to waive any right or obligation of the County or a franchisee.
(f) No waiver of rights or remedies. An assessment of liquidated damages or civil penalties does not constitute a waiver by the County of any other right or remedy it may have under the franchise or applicable law, including its right to recover from the franchisee any additional damages, losses, costs, attorney fees, and expenses that were incurred by the County by reason of or arising out of the violation. The County's election of liquidated damages under the franchise agreement shall take the place of any right to obtain actual damages over and above the payment of any amounts otherwise due. This provision may not be construed to prevent the County from electing to seek actual damages for a continuing violation if it has imposed civil penalties or liquidated damages for an earlier partial time period for the same violation, subject to the offset specified in subsection (d).
(g) Civil penalties. The following amounts shall apply in place of those specified in § 10-11-102(b) when assessing civil penalties for violations of customer service standards that are measured on a quarterly basis:
(1) for the first calendar quarter in which a franchisee does not meet the prescribed standard (a "noncompliant quarter"), the franchisee will be subject to a civil penalty in the amount of $1,500;
(2) for a second consecutive noncompliant quarter, a franchisee shall be subject to a civil penalty in the amount of $2,000; and
(3) for each consecutive noncompliant quarter beyond the second, a franchisee shall be subject to a civil penalty in the amount of $4,000.
(Bill No. 54-06)