§ 59-4.004. Penalties.

(a)

Subject to subsection (b) of this section, the penalty for any material breach by a holder of a state franchise, of any of the provisions of Public Utilities Code section 5900, as amended, shall be as follows:

(1)

The penalty shall be five hundred dollars for each day of each material breach, not to exceed one thousand five hundred dollars for each occurrence of a material breach.

(2)

If a subsequent material breach of the same nature occurs within twelve months, and the holder has been provided notice and a fine or penalty has been assessed, the penalty shall be one thousand dollars for each day of each material breach, not to exceed three thousand dollars for each occurrence of the material breach.

(3)

If a third or further material breach of the same nature occurs within those same twelve months, and the holder has been provided notice and a fine or penalty has been assessed, the penalty shall be two thousand five hundred dollars for each day of each material breach, not to exceed seven thousand five hundred dollars for each occurrence of the material breach.

(b)

With respect to video providers subject to franchise or license, monetary penalties will be reduced dollar for dollar to the extent any liquidated damage or penalty provision of a current cable television ordinance, franchise contract, or license agreement imposes a monetary obligation upon a video provider for the same customer service failures.

(c)

The county administrator, or his or her designee, shall give the video service provider written notice of any alleged material breaches of the consumer service standards, privacy protection, and similar requirements of Public Utilities Code section 5900, as amended, and allow the video service provider at least thirty days from receipt of the notice to remedy the specified material breach. A material breach for the purposes of assessing penalties under this section shall be deemed to have occurred for each day within the county, following the expiration of the thirty days notice period, that any material breach has not been remedied by the video service provider, irrespective of the number of customers affected.

(d)

No monetary penalties shall be assessed for a material breach if it is out of the reasonable control of the holder.

(Ord. No. 2009-02, § II, 4-28-09; Pub. Utilities Code, § 5900)