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In addition to other reports or inspections provided by this chapter, Grantee shall provide the following reports to or permit the following inspections by Grantor:
1.
Copies of Federal and State Reports. The Grantee may be required to submit to the Grantor copies of all pleadings, applications, notifications, communications and documents of any kind, submitted by the Grantee to, as well as copies of all decisions, correspondence and actions by, any Federal, State and local courts, regulatory agencies and other government bodies relating to its cable television operations within the franchise area. Grantee shall submit such documents to the Grantor no later than thirty (30) days after receipt of a Grantor request.
2.
Public Reports. A copy of each of Grantee’s annual and other periodic public financial reports and those of its parent, subsidiary and affiliated corporation and other entities, as the Grantor requests, shall be submitted to the Grantor within thirty (30) days after receipt of a request.
3.
Miscellaneous Reports. Grantee shall submit to the Grantor such other information or reports in such forms and at such times as the Grantor may reasonably request or require.
4.
Inspection of Facilities. The Grantee shall allow the Grantor to make inspections of any of the Grantee’s facilities and equipment at any time upon at least ten (10) days’ notice, or in case of emergency, upon demand without prior notice, to allow Grantor to verify the accuracy of any submitted report.
5.
Public Inspection. All reports subject to public disclosure shall be available for public inspection at a designated Grantor office during normal business hours.
6.
Failure to Report. The willful refusal, failure or neglect of the Grantee to file any of the reports reasonably required, or such other reports as the Grantor reasonably may request, may be deemed a breach of the franchise, and may subject the Grantee to all remedies, legal or equitable, which are available to the Grantor under the franchise or otherwise.
7.
False Statements. Any materially false or misleading statement or representation made knowingly and willfully by the Grantee in any report required under the franchise may be deemed a breach of the franchise and may subject the Grantee to all remedies, legal or equitable, which are available to the Grantor under the franchise or otherwise.
8.
Cost of Reports. One (1) copy of all reports and records required under this or any other section shall be furnished at the sole expense of the Grantee.
If the Grantee fails to perform any material obligation under the franchise, or fails to do so in a timely manner, the Grantor may at its option, and in its sole discretion:
1.
Assess against the Grantee monetary damages up to the limits established in the franchise agreement for material franchise violations, said assessment to be collected by Grantor after completion of the procedures specified in Section 113.45. The amount of such assessment shall be deemed to represent liquidated damages actually sustained by Grantor by reason of Grantee’s failure to perform. Such assessment shall not constitute a waiver by the Grantor of any other right or remedy it may have under the franchise or under applicable law, including without limitation, its right to recover from Grantee such additional damages, losses, costs and expenses, including actual attorney fees, as may have been suffered or incurred by Grantor by reason of or arising out of such breach of the franchise. This provision for assessment of damages is intended by the parties to be separate and apart from Grantor’s right to enforce the provisions of the construction and performance bonds provided for in this chapter and is intended to provide compensation to Grantor for actual damages.
2.
Terminate the franchise, for any of the causes stated in this chapter.
3.
No remedy shall be imposed by Grantor against Grantee for any violation of the franchise without Grantee’s being afforded due process of law, as provided for in Section 113.45.
4.
If the Grantee fails to perform any material obligations under the franchise, Grantor may access monetary damages against the Grantee. Grantee shall be provided due process of law as provided in Section 113.45 of this chapter and applicable local, State, Federal laws and FCC rules and regulations prior to any actual assessments of monetary damages. Monetary damages may be assessed as follows:
A.
Failure to furnish, maintain, or offer cable services to any potential subscriber within the existing cable TV system service area upon order of the Grantor: two hundred dollars ($200.00) for any such occurrence;
B.
Failure to obtain or file evidence of required insurance or other required financial security: three hundred dollars ($300.00) for any such occurrence;
C.
Failure to provide access to data, documents, records, or reports to the Grantor as required by this chapter: one hundred dollars ($100.00) for any such occurrence;
D.
Failure to comply with applicable construction, operation, or maintenance standards: three hundred dollars ($300.00) for any such occurrence;
E.
Failure to comply with a rate decision or refund order under the FCC rules and regulations: five hundred dollars ($500.00) for any such occurrence.
Grantor may impose any or all of the above enumerated measures against Grantee, which shall be in addition to any and all other legal or equitable remedies it has under the franchise or under any applicable law.
In the event that the Grantor determines that the Grantee has violated any material provision of the franchise, the Grantor may make a written demand on the Grantee stating the exact nature of the alleged violation, and requesting that Grantee remedy such violation. If the violation is not remedied, or in the process of being remedied, to the satisfaction of the Grantor within thirty (30) days following such demand, the Grantor shall determine whether or not such violation by the Grantee was excusable, in accordance with the following procedures.
1.
An administrative hearing shall be held to review the alleged violation. If this hearing does not result in a satisfactory resolution, and/or the Grantee requests a public hearing, then a public hearing shall be held, and the Grantee shall be provided with an opportunity to be heard upon thirty (30) days’ written notice to the Grantee of the time and the place of the hearing provided and the allegations of franchise violations.
2.
If, after notice is given and, at the Grantee’s option, a full public proceeding is held, the Grantor determines that such violation by the Grantee was excusable as provided in Section 113.46, the Grantor shall direct the Grantee to correct or remedy the same within such additional time, in such manner and on such terms and conditions as the Grantor may reasonably direct.
3.
If, after notice is given and, at the Grantee’s option, a full public proceeding is held, the Grantor determines that such violation was inexcusable, then the Grantor may impose a remedy in accordance with Section 113.44.
In the event Grantee’s performance of any of the terms, conditions, obligations, or requirements of the franchise is prevented or impaired due to any cause beyond its reasonable control or not reasonably foreseeable, such inability to perform shall be deemed to be excused and no penalties or sanctions shall be imposed as a result thereof, provided Grantee has notified Grantor within a reasonable time after Grantee’s discovery of the occurrence of such an event. Such causes beyond Grantee’s reasonable control or not reasonably foreseeable shall include, but shall not be limited to, acts of nature and civil emergencies.
1.
Requirement of Bond. Within thirty (30) days after the granting of a new franchise, or a renewal which requires significant system construction, and prior to the commencement of any construction work by the Grantee, the Grantee shall file with the Grantor a construction bond in the amount specified in the franchise agreement in favor of the Grantor and any other person who may claim damages as a result of the breach of any duty by the Grantee assured by said bond.
2.
Form of Bond. Such bond as contemplated herein shall be in the form approved by the Grantor and shall, among other matters, cover the cost of removal of any properties installed by the Grantee in the event said Grantee shall default in the performance of its franchise obligations.
3.
No Limitation on Liability. In no event shall the amount of said bond be construed to limit the liability of the Grantee for damages.
4.
Waiver of Bond. Grantor, at its sole option, may waive this requirement, or permit consolidation of the construction bond with the performance bond specified, respectively in Sections 113.47 and 113.48.
5.
Release of Bond. Upon completion of construction, any construction bonds then in force shall be released.
1.
Requirement of Bond. Grantor may require Grantee, at least thirty (30) days prior to the commencement of operation, to file with the Grantor a performance bond in the amount of one thousand dollars ($1,000.00) in favor of the Grantor, who may be entitled to damages as a result of any occurrence in the operation of or termination of the cable system operated under this chapter and the franchise agreement.
2.
Form of Bond. Such bond as contemplated herein shall be in the form approved by the Grantor.
3.
No Limitation of Liability. In no event shall the amount of said bond be construed to limit the liability of the Grantee for damages.
1.
The Grantee shall give prior notice to the Grantor specifying the names and addresses of any entity, other than the Grantee, that performs construction services in excess of $10,000 pursuant to the franchise, provided, however, that all provisions of the franchise remain the responsibility of the Grantee.
2.
All provisions of a franchise shall apply to any subcontractor or others performing any work or services pursuant to the provisions of the franchise.
3.
Nothing in this section shall be construed as allowing the transfer of any rights or responsibilities of the Grantee without approval of the Grantor in writing.
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