§ 5-10.11. Remedies.

The following remedies shall be applicable, unless the construction delays or service violations result from acts of God, riots, civil disturbances, or other causes not foreseeable or which are beyond the control of the grantee:

(a)

Construction delays. The estimated period for construction projects by the grantee or its subcontractors shall represent good faith and diligent effort on the part of the grantee. For any schedule delay which may occur, the grantee shall notify the City and explain why such delay was beyond its reasonable control or was not reasonably foreseeable.

(b)

Service violations. The City reserves the right to require compensation or other remedies as follows: in the event the grantee has not commenced and/or completed service and/or repair corrective action within the time specified by the Council:

(1)

Assess penalties, not to exceed One Hundred Fifty and no/100ths ($150.00) Dollars per day per incident, for violations of the service standards and procedures;

(2)

Require the grantee to make rebates to subscribers or classes of subscribers, not to exceed the customers' normal monthly basic cable service charge, for each month during which the rebate is ordered by the City if the service standards are not met;

(3)

When notification has been made by customer to grantee, require the grantee to rebate a percentage of the monthly basic cable fee to affected subscribers as follows:

(i)

An interruption of one hour or more of television prime time hours (6:00 to 10:00 p.m.): ten (10%) percent rebate of the basic monthly cable fee;

(ii)

Twenty-four (24) cumulative hours per month: twenty (20%) percent rebate of the basic monthly cable fee;

(iii)

Twenty-four (24) to forty-eight (48) cumulative hours per month: thirty (30%) percent rebate of the basic monthly cable fee;

(iv)

Forty-eight (48) to seventy-two (72) cumulative hours per month: fifty (50%) percent rebate of the basic monthly cable fee; and

(v)

Greater than seventy-two (72) cumulative hours per month: 100 percent rebate of the basic monthly cable fee;

(c)

Should the City find, after a duly noticed public hearing, that the grantee has failed to make a diligent effort to meet the construction schedules or remediate service violations, a thirty (30) day written notice shall be submitted to the grantee demanding corrective action. If the grantee fails to correct the construction delays or service violations within the time specified, the City may implement remedial actions, including penalties as provided in subsection (b) of this section, or the termination of the franchise, as appropriate.

(§ 2, Ord. 719, eff. January 4, 1990)