(a) The holder of a state video franchise shall comply with all applicable state and federal customer service and protection standards pertaining to the provision of video service.
(b) ITA shall monitor the compliance of state video franchise holders with respect to state and federal customer service and protection standards. ITA will provide the state video franchise holder written notice of any material breaches of applicable customer and service standards, and will allow the state video franchise holder 30 days from the receipt of the notice to remedy the specified material breach. Material breaches not remedied within the 30-day time period will be subject to the following penalties to be imposed by ITA:
(1) For the first occurrence of a violation, a fine of $500.00 shall be imposed for each day the violation remains in effect, not to exceed $1,500.00 for each violation.
(2) For a second violation of the same nature within 12 months, a fine of $1,000.00 shall be imposed for each day the violation remains in effect, not to exceed $3,000.00 for each violation.
(3) For a third or further violation of the same nature within 12 months, a fine of $2,500.00 shall be imposed for each day the violation remains in effect, not to exceed $7,500.00 for each violation.
(c) To impose a penalty, ITA staff will evaluate the relevant material breach and propose imposition of a penalty, with notice to be provided to the video franchise holder. Within 60 days of the date of the proposal to impose a penalty, the video franchise holder may request a hearing to contest the penalty. The General Manager of the Information Technology Agency or the General Manager’s designee will then provide an opportunity to be heard, if requested, to the state video franchise holder. After a hearing or waiver thereof, the General Manager or designee will consider the statements made at the hearing, if a hearing is held, as well as any reports, briefs or other documents that have been submitted by the state video franchise holder or by the Information Technology Agency staff. The General Manager or designee will then impose or not impose the penalty, which shall be a final decision.
SECTION HISTORY
Added by Ord. No. 178,108, Eff. 1-1-07, Oper. 12-31-06.
Amended by: Subsec. (c), Ord. No. 180,528, Eff. 3-22-09.