4.20.114.25   Notice of cable construction/repair to subscribers.
Failure to meet the requirements of this section will result in foreseeable damages in an amount specified in the section titled "liquidated damages."
   4.20.114.25.1.   Franchisee shall notify the city and residents or business owners on affected streets of any material construction, including rebuilds, upgrades, line extensions or substantial repair and maintenance activities, resulting in material interference with the use of local rights-of-way, or major repairs including any which require street or sidewalk trenching, but excluding routine repair and maintenance activities which do not cause material interference with the use of local rights-of-way, at least forty-eight (48) hours prior to commencement of such work. Notification may be provided on a phase-in basis to notify residents or business owners in areas immediately affected rather than to all residents or business owners generally.
   4.20.114.25.2.   Franchisee shall provide such notification, consistent with local law or regulation by either leaving one appropriate notice (e.g., a door hanger notice) at each affected residence or place of business or by sending one appropriate notice by first-class mail, whichever form of notification in the reasonable judgment of franchisee is more likely to reach all affected persons with adequate advance notice at least forty-eight (48) hours prior to work commencement.
   4.20.114.25.3.   In the event of system rebuild affecting all or substantially all of the franchisee's cable system or service, the franchisee shall notify all of its subscribers by first-class mail stating the scope and duration of the proposed construction or rebuild and its impacts at least fourteen (14) days prior to commencement of such work with a follow-up door hanger notice also being placed at subscribers' residences or places of business no later than forty-eight (48) hours prior to the commencement of rebuild work affecting such subscribers. Such notice distributed by first-class mail may be included in subscriber statements.
   4.20.114.25.4.   In the case of emergency repair or work on a system, such prior written notice shall not be required; however, in such circumstances, the franchisee shall, whenever reasonably possible, provide affected subscribers with such notice as may be appropriate under the circumstances including, but not limited to, contemporaneous written or telephonic notice (such as a recorded telephone message) as to the nature of the emergency and the expected duration of the repairs. (Ord. 205 § 3, 2001)