If the grantee fails to perform any obligation under the franchise agreement, the Cable Television Commission or City Council/city staff may assess a monetary penalty. The following monetary penalties shall apply, and liability therefor shall accrue from the date of mailing of notice:
(A) Failure to render payment of the reimbursement of the city’s expenses within the specified time, $500 per day from time due until paid.
(B) Failure to make timely application, registration or any other filing with the FCC, $300 per day filing from time due until filed.
(C) Failure to deliver timely evidence of company insurance, $100 per day from time due until delivered.
(D) Failure to timely obtain and file with the city the construction bond, $200 per day from time of lapse until restored.
(E) Failure to make timely any payment in respect to the security fund or to deposit or restore the letter of credit ln a timely fashion, $200 per day from time due until paid, deposited or restored.
(F) Upon termination of the agreement, pursuant to the franchise, with reference to the balance then remaining in the security fund, full forfeiture.
(G) Failure to render timely payment of the franchise fee, $1000 per day from time due until paid.
(H) Failure of the grantee to perform its obligations in the event of a major public emergency or disaster condition, $10,000 per occurrence.
(I) Failure to restore damaged property in a timely fashion, $50 per day until restored.
(J) Failure to apply for utility company agreement within the specified 30 days is made, $500 per day from time due until an application
(K) Failure to commence construction in a timely fashion, $500 per day from time due until begun.
(L) Failure to complete construction in a timely fashion, $500 per day from time due until completed.
(M) Failure to respond to a request for repair or adjustment by the next business day, $20 per day per subscriber until response made.
(N) Failure to commence service to a subscriber within the specified time limits, $20 per day per subscriber until service is begun.
(O) Failure to pay timely refund due a subscriber upon termination, $5 per day per subscriber from time due until paid.
(P) Failure to provide a subscriber at least the specified notice prior to disconnection, $20 per subscriber per occurrence.
(Q) Failure to respond in a timely fashion to a billing complaint, $20 per day per subscriber until response is made.
(R) Failure to file in a timely fashion any report required by this agreement, $100 per day per report from time due until filed.
(S) Violation of privacy restrictions, $100 per violation per subscriber.
(T) Failure to maintain availability of fixed studio or mobile facility, and all required equipment for access programming use, $200 per day from 24 hours after interruption of availability, beyond a reasonable period of time for maintenance or repairs, as determined by custom and usage in the U.S. cable television industry, until restored to service.
(U) Failure to submit a timely original or revised system description, $20 per day from time due until submitted.
(V) Failure to submit a timely construction status report, $100 per day from time due until submitted.
(‘68 Code, § 2-1612) (Ord. 593, passed 1-4-83)