At the time of the issuance of any franchise under the provisions of this chapter, it will be impractical to reasonably ascertain the total extent of damages which may be incurred as a result of the breach by the grantee of its obligations under the franchise documents as prescribed by Section 11-1.1203 of this article. The provisions of said Section 11-1.1203 shall apply in the event of a breach as liquidated damages therefor. Factors relating to the impracticality of ascertaining damages shall include, but are not limited to, the following:
(a) The facts that:
(1) The primary damage resulting from breaches by the grantee of the schedules for the construction and extension of the cable communications system and provision of services prescribed by Sections 11-1.1002 through 11-1.1014 of Article 10 of this chapter and Section 11-1.1101 of Article 11 of this chapter, and of the duty prescribed pursuant to said Section 11-1.1101, and of the duty prescribed pursuant to Section 11-1.817 of Article 8 of this chapter will be to members of the public who are denied services or denied quality or reliable services;
(2) Such breaches cause inconvenience, anxiety, frustration, and deprivation of the benefits of the franchise to individual members of the general public in subjective ways and in varying degrees of intensity which are incapable of measurement in precise monetary terms;
(3) That services might be available through the cable communications system which are both necessary and available at a substantially lower cost than alternative services, and the monetary loss resulting from the denial of services or denial of quality or reliable services is impossible to calculate in precise monetary terms; and
(4) The termination of a franchise for such breaches and other remedies is, at best, a means of future correction and not a remedy which makes the public whole for past breaches;
(b) The fact that the failure of a grantee to make timely reports identifying its progress in installing its cable communications system within service areas will make it difficult in ways which are not measureable for the County to administer the construction schedule, delay initiation to enforcement proceedings, and impede compliance with the periods allowed for construction; and
(c) The fact that the failure of a grantee to file timely annual reports will deny information necessary to enable the County to expeditiously, effectively, and efficiently administer the franchise and exercise its regulatory powers in relation thereto for the promotion and protection of the public convenience, health, safety, and welfare.
Without the provisions of Section 11-1.1203 of this article, the actual damages for which a grantee would be liable could greatly exceed the specified amount of liquidated damages. Therefore, the provisions of said Section 11-1.1203 are of benefit to a grantee. (§ 1, Ord. 961, eff. October 27, 1983)