(a) Each franchisee must satisfy FCC, California and city cable customer service standards or consumer protection standards. In the case of a conflict among standards, the stricter standard shall apply.
(b) For violation of cable customer service standards, penalties will be imposed in accordance with the administrative penalties provisions of the Palo Alto Municipal Code, or, if none, as follows:
(1) $200 for each day of each material breach, not to exceed $600 for each occurrence of material breach;
(2) If there is a subsequent material breach of the same provision within twelve months, $400 for each day of each material breach, not to exceed $1,200 for each occurrence of the material breach; and
(3) If there is a third or additional material breach of the same provision within twelve months of the first, $1,000 for each day of each material breach, not to exceed $3000 for each occurrence of the material breach.
(c) Any penalty assessed under this Section 2.10.275 will be reduced dollar-for-dollar to the extent any liquidated damage provision of a franchisee's franchise imposes a monetary obligation on that franchisee for the same customer service failures, and no other monetary damages may be assessed. The city will provide notice, and impose penalties, under this section pursuant to the procedures established by California Government Code § 53088.2(r).
(Ord. 4636 § 24, 2000)