SEC. 11. 83-A. PENALTIES FOR VIOLATION OF CUSTOMER SERVICE AND CONSUMER PROTECTION STANDARDS.
(a) Applicable Standards. A State Video Franchise holder shall comply with all of the customer service and consumer protection standards contained in: (1) California Government Code Sections 53055, 53055.1, 53055.2, and 53088.2; and (2) Title 47, Code of Federal Regulations, Section 76.309(c), or any other customer service standards pertaining to the provision of video service subsequently established by federal law or adopted by federal regulation.
(b) Amount of Penalties.
(1) If the Department finds that a State Video Franchise holder is in Material Breach of any of the customer service or consumer protection standards identified in subsection (a) above, and that such Material Breach was in the reasonable control of the State Video Franchise holder, the Department may impose the following monetary penalties: (A) a maximum of five hundred dollars ($500) for each day of each Material Breach, not to exceed one thousand five hundred dollars ($1,500) for each occurrence of a Material Breach; (B) a maximum of one thousand dollars ($1,000) for each day of each Material Breach, not to exceed three thousand dollars ($3,000) for each occurrence of the Material Breach for any subsequent Material Breach of the same nature occurring within twelve (12) months; and (C) a maximum of two thousand five hundred dollars ($2,500) for each day of each Material Breach, not to exceed seven thousand five hundred dollars ($7,500) for each occurrence of the Material Breach for a third or further Material Breach of the same nature occurring within those same twelve (12) months; provided that the increased penalties may only be assessed after the Department has provided the State Video Franchise holder with notice and a penalty has been assessed pursuant to subsection (c) below.
(2) The Department shall not seek to impose a penalty on a State Video Franchise holder for a violation of any of the customer service or consumer protection standards contained in subsection (a) above other than in the amounts authorized by this Section. For other violations of this Chapter, the penalties authorized by Section 11.77 shall still apply.
(c) Procedure to Impose Penalties.
(1) The Department shall notify a State Video Franchise holder in writing of any Material Breach of any of the customer service or consumer protection standards contained in subsection (a) above, and the penalty to be imposed for such Material Breach. The State Video Franchise holder shall have thirty (30) days from the receipt of the notice to remedy the specified Material Breach or the penalties set forth in the notice shall be imposed.
(2) The Department shall not seek to impose a penalty on a State Video Franchise holder for a violation of any of the customer service or consumer protection standards contained in subsection (a) above without first sending the State Video Franchise holder notice of the violation as required by this Section. For other violations of this Chapter, the notice required by Section 11.75 shall still apply.
(d) Material Breach. A Material Breach for the purposes of assessing penalties under this Section shall be deemed to have occurred for each day following the expiration of the thirty (30)-day notice period that any Material Breach has not been remedied by the State Video Franchise holder, irrespective of the number of Subscribers affected.
(e) Use of Penalties. Any penalty assessed under this Section shall be divided as follows: (1) fifty percent (50%) of the penalty assessed shall be placed in the Subscriber Service Account established under Section 11.82; and (2) fifty percent (50%) of the penalty assessed shall be remitted to the State of California to be placed in the Digital Divide Account established under California Public Utilities Code Section 280.5.
(Added by Ord. 99-09, File No. 090287, App. 6/19/2009)
ARTICLE IX:
RESERVED