(A) If the town notifies the licensee, in writing, of an alleged violation of the subscriber service standards in §§ 113.100 through 113.110, the licensee shall have 90 days to correct or cure the alleged violation. If the alleged violation is not corrected or cured within 90 days, the town and the licensee shall meet to discuss the alleged violation and negotiate a mutually acceptable resolution. If no resolution is reached within 90 days, the licensee is subject to liquidated damages pursuant to this section.
(B) Each license granted by the town shall state that a licensee understands and shall agree that failure to comply with any time and performance requirements as stipulated in this chapter and the license will result in damage to the town, and that it is and will be impracticable to determine the actual amount of such damage caused by delay or nonperformance; the license shall include provisions for liquidated damages to be paid by the licensee, in amounts set forth in the license and chargeable to the letter of credit for the following concerns:
(1) Failure to provide cable service within the time(s) specified in § 113.062;
(2) Failure to properly restore the public right-of-way or to correct related violations of specifications, code, ordinance, or standards after having been notified by the town to correct such defects;
(3) Failure to comply with subscriber service provisions of this chapter;
(4) Failure to test, analyze, and report on the performance of the cable system following a written request pursuant to § 113.063(A);
(5) Failure to provide in a continuing manner the type of services proposed in the accepted proposal for initial license or in the initial or renewal license unless the Town Council specifically approves modification of a licensee’s obligation;
(6) Failure to cure any violation of § 113.102, following notice and an opportunity to cure pursuant to the provisions of that section; and
(7) Any other action or non-action by the licensee to which none of the above reasonably apply and damages cannot be estimated on a daily basis.
(C) If the Town Manager concludes that a licensee is in fact liable for liquidated damages pursuant to this section, he or she shall issue to licensee by certified mail a notice of intention to assess liquidated damages. The notice shall set forth the nature of the violation and the amount of the proposed assessment. The licensee shall, within 30 days of receipt of such notice:
(1) Respond to the town in writing, contesting the town’s assertion of violation and providing such information or documentation as may be necessary to support licensee’s position; or
(2) Cure any such violation (and provide written evidence of the same) or, if, by the nature of the violation, such violation cannot be cured within such 30-day period, take reasonable steps to cure said violation and diligently continue such efforts until said violation is cured. The licensee shall report to the town, in writing, at 30-day intervals as to the licensee’s efforts, indicating the steps taken by the licensee to cure said violation and reporting the licensee’s progress until such violation is cured.
(B) If the licensee contests the town’s assertion of violation or fails to respond to the town’s notice of intent to assess liquidated damages, within 15 days the town shall schedule a hearing in accordance with the procedures set forth in § 113.130.
(Ord. 2003-07, passed 9-25-2003)