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Ord. #74, Second Series - Cable Television Franchise Ordinance (Qwest-Century Link)
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Ord. #74, Second Series - Cable Television Franchise Ordinance (Qwest-Century Link)
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9.2.3.2 For failure to provide data, documents, reports or information or to <br /> cooperate with City or the Commission during an application process or <br /> system review or as otherwise provided herein, the penalty shall be <br /> $250.00 per day for each day, or part thereof, such failure occurs or <br /> continues. <br /> 9.2.3.3 Fifteen(15) days following notice from the City or the Commission of a <br /> failure of Grantee to comply with construction, operation or <br /> maintenance standards, the penalty shall be $250.00 per day for each <br /> day, or part thereof, such failure occurs or continues. <br /> 9.2.3.4 For failure to provide the services and the payments required by this <br /> Franchise, including, but not limited to, the implementation and the <br /> utilization of the PEG Access Channels, the penalty shall be $250.00 <br /> per day for each day, or part thereof, such failure occurs or continues. <br /> 9.2.3.5 For Grantee's breach of any written contract or agreement with or to the <br /> City or the Commission, the penalty shall be $250.00 per day for each <br /> day, or part thereof, such breach occurs or continues. <br /> 9.2.3.6 For failure to comply with the reasonable build-out provisions and for <br /> economic redlining in violation of Section 2.8 and 11.1 and 47 U.S.C. § <br /> 541(a)(3): Five Hundred dollars ($500) per day for each day or part <br /> thereof that such violation continues. <br /> 9.2.3.7 For failure to comply with any of the provisions of this Franchise, or <br /> other City ordinance or regulation for which a penalty is not otherwise <br /> specifically provided pursuant to this subsection 9.2.3, the penalty shall <br /> be $250.00 per day for each day, or part thereof, such failure occurs or <br /> continues. <br /> 9.2.4 Each violation of any provision of this Franchise shall be considered a separate <br /> violation for which a separate penalty can be imposed; provided, however, that <br /> Grantee will not be charged under more than one penalty provision for each <br /> separate violation. <br /> 9.2.5 Whenever the City or the Commission determines that the Grantee has violated <br /> one or more terms, conditions or provisions of this Franchise, or for any other <br /> violation contemplated in subsection 9.2.3 above, a written notice shall be given <br /> to Grantee informing it of such violation. At any time after thirty (30) days (or <br /> such longer reasonable time which, in the determination of the City or the <br /> Commission, is necessary to cure the alleged violation) following local receipt of <br /> notice, provided the City or its designee finds that the Grantee remains in <br /> violation of one or more terms, conditions or provisions of this Franchise, in the <br /> sole opinion of the City or the Commission, the City or the Commission may <br /> 38 <br />
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