§ 430.036 — Penalties

Sec. 430.036. - Penalties.

Every franchise shall provide for the deposit of a letter of credit to insure faithful performance by the company. For the violation of any of the following provisions of the franchise, penalties shall be chargeable to the letter of credit and a company as follows: (1) For failure to complete system construction or upgrade in accordance with the construction or upgrade plan provided in the franchise (as that plan may have been modified by the cable communications officer in writing in accordance with a franchise), unless the city council specifically approves the delay by motion or resolution, due to the occurrence of conditions beyond the company's reasonable control, the company may be fined as follows: a. Up to two hundred fifty dollars ($250.00) per day for the first sixty (60) days or part thereof the deficiency continues; b. Between sixty (60) days and six (6) months, up to five hundred dollars ($500.00) per day or part thereof the deficiency continues; c. After six (6) months, up to one thousand dollars ($1,000.00) per day or part thereof the deficiency continues. (2) For failure to provide data, documents, reports, information or to cooperate with the city during an application process or cable system review, the company shall pay fifty dollars ($50.00) per day for each day, or part thereof, the violation occurs or continues. (3) For failure to test, analyze and report on the performance of the system following a request pursuant to the franchise, the company shall pay to the city fifty dollars ($50.00) per day for each day, or part thereof, that such noncompliance continues. (4) Forty-five (45) days following adoption of a resolution of council determining a failure of the company to comply with construction, operational, maintenance standards or material provisions of the franchise, the company shall pay to the city two hundred dollars ($200.00) per day for each day, or part thereof, that such noncompliance continues. (5) For initiating or using a procedure or device for procuring information or data from a subscriber's terminal, dwelling or business without the prior valid authorization of the affected subscriber as required by section 430.043, the company shall pay fifty dollars ($50.00) per day for each day, or part thereof, the violation continues or occurs. (6) For selling, providing or otherwise making available to anyone any information about subscribers obtained by monitoring transmission of any type of signal from a subscriber's terminal, dwelling or place of business without the specific written authorization of the subscriber as required by section 430.044, the company shall pay five thousand dollars ($5,000.00) for each such violation. In addition, the total amount of funds paid the company for this information shall be forfeited to the city by the company. (7) For tapping, monitoring or for arranging to tap or monitor, or knowingly permitting the tapping of, any cable, line, signal, input device or subscriber outlet or receiver for any purpose whatsoever without the specific written authorization of the subscriber or pursuant to court order, the company shall pay ten thousand dollars ($10,000.00) per day for each day, or part thereof, the violation occurs or continues. (8) Each violation of each provision shall be considered a separate violation for which a separate penalty can be imposed. (9) Exclusive of the penalties set out above in this section, a violation of any provision of this chapter is by Saint Paul Legislative Code, section 1.05 deemed to be a misdemeanor. (10) The rights reserved by the city herein are in addition to all other rights and remedies the city may have under this chapter, the franchise or any other law and are not intended to be exclusive.

(Ord. No. 17364, § 9, 6-17-86; C.F. No. 92-1374, § 31, 9-22-92; C.F. No. 98-277, § 1, 4-29-98)