Before the commencement of proceedings that may result in the imposition of a penalty, the Cable Television Commission shall give notice, by certified mail to the grantee of facts or conduct which warrant the intended action. The grantee shall then be given reasonable opportunity to show compliance with franchise or previous order of the cable television commission. If upon review it appears to the Cable Television Commission that the grantee continues to be in violation of the franchise or previous order of the Commission, the Commission may assess a penalty.
(A) Upon the Cable Television Commission assessing a penalty, written notice of such assessment shall be sent to the grantee by certified mail, return receipt requested, with a concise statement of the reasons therefor.
(B) Within ten days after mailing of the notice, the grantee may request a hearing before the Cable Television Commission, and a full public proceeding affording due process. The pendency of a hearing shall suspend payment of the penalty until ten days after mailing to the grantee by first class mail of the decision of the Cable Television Commission confirming said penalty in whole or in part.
(C) The Commission shall make reasonable efforts to notify all interested parties of the time and place of the hearing.
(D) Every decision of the Commission shall be by formal resolution, each of which shall contain a statement of findings made by the Commission. Each such resolution shall be filed in the office of the City Clerk.
(E) Except as provided in the franchise, the grantee shall pay the full amount of any penalty to the city within ten days after mailing of a notice pursuant to the franchise.
(F) Upon failure of the grantee to make timely payment of an assessed penalty, the city may withdraw the amount of such penalty from the security fund.
(G) Amounts received by the city as penalties assessed against the grantee, whether directly paid by the grantee to the city or withdrawn from the security fund by the city, may be used by the city for any purpose it deems fit.
(H) Individual subscriber complaints regarding service or billing shall be resolved in the following fashion:
(1) The subscriber shall advise the company by telephone at the number shown on the billing. The company will then investigate the circumstances surrounding the complaint, advise the subscriber of the results within 48 hours, and attempt to reach an informal resolution.
(2) If an informal resolution cannot be reached by the company, the company representative will advise the subscriber of his/her right to seek assistance through the Cable Television Commission.
(3) If a resolution cannot be reached by the city staff person, city staff will advise the subscriber of his/her right to an informal hearing by the Commission and will mail the subscriber the proper documents to request a hearing.
(4) Informal hearings shall be before the Commission. The hearing shall be conducted under rules of procedure and within the time limits adopted by the Commission. In resolving the dispute, the Commission shall have the authority to order service or repairs and shall be authorized to order such rebate or abatement of subscriber fees necessary to reach an equitable resolution of the dispute.
(5) In all cases, the decisions made by the Commission shall be considered final.
(6) If any subscriber complaint concerns the amount of a bill, the subscriber shall timely pay the undisputed amount of the bill, and the franchisee shall not terminate service for nonpayment until the dispute is finally resolved.
(‘68 Code, § 2-1613) (Ord. 593, passed 1-4-83; Am. Ord. 666, passed 11-7-88)