(A) Administration. CCRC shall have the authority to enforce the requirements of this subchapter.
(B) Verification of compliance. If CCRC has reason to believe that a cable operator may not be in compliance with the standards established in this subchapter, CCRC, on reasonable notice, may require the cable operator to demonstrate compliance with the standards required in this subchapter. The cable operator shall provide sufficient detail to permit CCRC to verify the extent of compliance.
(C) Enforcement procedures.
(1) If CCRC determines that a cable operator has failed to perform any obligation under this subchapter or has failed to perform in a timely manner, CCRC may make a written demand on the cable operator that it remedy the violation. If the violation is not remedied or in the process of being remedied to the satisfaction of CCRC within a reasonable time period following the demand, CCRC may:
(a) Issue a civil citation for a civil infraction and impose a penalty not to exceed $1,000, pursuant to the provisions of § 3-811 of the Code of Public Local Laws;
(b) Assess against the cable operator any monetary damages provided for such violation in its franchise agreement;
(c) Assess and withdraw the amounts specified above from the cable operator’s performance bond or other applicable security instrument;
(d) Revoke the cable operator’s cable franchise as provided in its franchise agreement; or
(e) Pursue any legal or equitable remedy available under any applicable law or under the cable operator’s franchise agreement.
(2) The following penalty amounts shall apply, in place of the amount specified in division (C)(1)(a) above, in assessing civil penalties for customer service standards that are measured on a quarterly basis:
(a) For the first calendar quarter in which a cable operator does not meet the prescribed standard (a “noncompliant quarter”), the cable operator will be subject to a civil penalty in the amount of $1,500;
(b) For a second consecutive noncompliant quarter, a cable operator shall be subject to a civil penalty in the amount of $2,000; and
(c) For each consecutive noncompliant quarter beyond the second, a cable operator shall be subject to a civil penalty in the amount of $4,000.
(3) Remedies available to CCRC for franchise violations under this chapter and under the franchise agreement shall be construed, except as otherwise provided in this chapter, as cumulative and not alternative.
(4) If civil penalties are assessed against a cable operator under this chapter, the cable operator is not subject to liquidated damages payable to CCRC for the same violation. If liquidated damages payable to CCRC are assessed against a cable operator, the cable operator is not subject to civil penalties under this section for the same violation. If CCRC seeks actual damages for any violation, any civil penalties or liquidated damages recovered by CCRC for the same violation, including civil 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 CCRC.
(5) A cable operator shall pay civil penalties or liquidated damages within 30 days after receipt of notice from CCRC.
(6) The filing of an appeal to any regulatory body or court does not stay or release the obligations of a cable operator under the franchise agreement and applicable law.
(7) An assessment of liquidated damages or civil penalties does not constitute a waiver by CCRC or the franchisors of any other right or remedy they may have under the franchise or applicable law, including the right to recover from the cable operator any additional damages, losses, costs, and expenses, including actual attorneys’ fees, that were incurred by the franchisors or CCRC by reason of or arising out of the violation. However, CCRC’s election of liquidated damages under the franchise agreement shall take 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 CCRC 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 division (C)(4) above.
(2004 Code, § 93-22) (Ord. 41, passed 4-28-1983; Ord. 08-10, passed 12-18-2008)