Big Bear Lake Municipal Code Art. IX Procedures for Assessing Liquidated Damages

A

The cable administrator shall provide notice and opportunity to cure for any time or performance requirement, or breach of, a term or condition of such franchise, of this cable service provider chapter, or of any federal, state or local law or regulation which the cable administrator deems sufficient to warrant assessment of liquidated damages. Force majeure is a defense to the application of this article.

B. Notice and the opportunity to cure shall be in writing, sent by certified mail, return receipt requested, to the franchisee's local place of business or any other place reasonably calculated to provide such notice to the franchisee. The franchisee will be deemed to have cured any default and shall not be subject to the assessment of liquidated damages if the franchisee commences to cure such default within fifteen days from the receipt of the city's written notice and completes such cure within thirty days following commencement or, if such default cannot reasonably be cured within such thirty-day period, the franchisee commences to cure such default within fifteen days from receipt of the city's written notice and diligently prosecutes such cure to completion within sixty days thereafter.

C. A notice of intention to assess liquidated damages may be issued concurrently with a notice to cure. If a notice of intention to assess liquidated damages is issued concurrently with a notice to cure, the franchisee understands and agrees that liquidated damages will be accruing at the end of the opportunity to cure period. The notice of intention to assess liquidated damages shall set forth the basis of the assessment, and shall inform the franchisee that liquidated damages will be assessed from the date of the notice, or the end of the opportunity to cure period, whichever is later.

D. If the franchisee desires to appeal the cable administrator's assessment of liquidated damages, it may do so in accordance with Article IV, Sections 5.20.125 through 5.20.130.

(Ord. 98-287 § 2, 1998)

Prior to imposing any penalty or sanction against the franchisee for failure to perform any of its obligations under this chapter or its franchise agreement, other than liquidated damages or termination (for which this section shall not apply), the cable administrator shall give the franchisee notice and opportunity to remedy such failure in accordance with the following procedures:

A. Notice and Opportunity to Cure. The cable administrator shall provide the franchisee with written notice specifying the nature of such failure. The franchisee will be deemed to have cured any default if the franchisee commences to cure such default within fifteen days from the receipt of the city's written notice and completes such cure within thirty days following commencement or, if such default cannot reasonably be cured within such thirty day period, the franchisee commences to cure such default within fifteen days from receipt of the city's written notice and diligently prosecutes such cure to completion within sixty days thereafter.

B. Penalties and Sanctions for Failure to Comply. In the event the cable administrator finds that the franchisee has failed to comply with any of its obligations under this chapter or the franchisee's franchise agreement, and, further, that the franchisee has not remedied such failure within the period allowed therefor following receipt of written notice from the cable administrator, the cable administrator may impose such penalties or sanctions as are provided for under this chapter or the franchisee's franchise agreement.

(Ord. 98-287 § 2, 1998)