Redondo Beach Municipal Code § 11-3.601 Complaint procedure

(a) City Manager responsible for continuing administration of franchises and implementation of complaint procedures. The City Manager or the City Manager's designee shall have responsibility for the continuing administration of a franchise granted under this chapter and implementation of complaint procedures.

(b) Grantee to maintain office in City limits and operated so that complaints can be received on a 24 hour basis. A Grantee shall maintain a business office within the City limits, which shall be open during all usual business hours and shall maintain a publicly listed telephone number with a toll-free number and sufficient lines; and be so operated that complaints and requests for repairs, billing or adjustments shall be received on a 24 hour basis. Subscribers shall be promptly notified of any change of address of such office or of telephone number(s).

(c) Grantee representatives to be maintained that are capable of responding to service interruptions, 24 hours a day, seven days a week. A Grantee shall maintain representatives capable of responding to service interruptions 24 hours a day, seven days a week.

(d) Notice to be given subscribers regarding complaint handling procedures. A Grantee shall establish procedures for receiving, acting upon, and resolving subscriber complaints to the reasonable satisfaction of the City Manager. A Grantee shall furnish a notice of such procedures to each subscriber at the time of initial subscription to the cable system and annually thereafter.

(e) Log to be maintained showing nature and disposition of each cable service complaint. A Grantee shall keep a maintenance cable service log which will indicate the nature of each cable service complaint and the time and date thereof. This log shall be made available for periodic inspection by representatives of the City Manager. All cable service complaint entries shall be retained on file for a period consisting of the most recent three years.

(f) City can require testing of system and receive reports on system performance. A Grantee's system shall meet all applicable FCC rules and regulations, including but not limited to 47 C.F.R. Subpart K (Technical Standards). A Grantee shall perform all tests necessary to determine compliance with applicable FCC technical standards. Upon request, a Grantee shall provide the City a copy of the test results within 30 days of the completion of the test. The Grantee shall permit the City to witness the testing. At any time after commencement of service to subscribers, upon providing a Grantee notice and an opportunity to cure, the City may order that a Grantee perform additional proof of performance tests required to verify compliance with applicable FCC technical standards on the basis of substantial numbers of complaints received or other evidence indicating significant noncompliance with the applicable technical standards. Such additional tests shall be limited to the particular matter in controversy. The costs of any such tests, and any necessary retests, shall be borne by the Grantee.

(g) Required tests may be observed by independent professional engineer. The City Manager may require that tests and analyses be observed by a professional engineer retained by the City.

(h) Subsection (b) of this section shall not apply to a cable operator that had a franchise from the State of California to occupy the City's streets as a telephone company prior to receiving its cable franchise.

(§ 2, Ord. 2727 c.s., eff. May 5, 1994, as amended by § 1, Ord. 2993 c.s., eff. December 30, 2006)

(a) Subscriber may receive pro-rated credit for loss of cable service for four hours or more. Under normal operating conditions, a Grantee shall provide a credit upon subscriber request when all channels received by that subscriber are out of service for a period of four consecutive hours or more. The credit shall equal, at a minimum, a proportionate amount of the affected subscriber's(s') current monthly bill. In order to qualify for the credit, the subscriber must promptly report the problem and allow the Grantee to verify the problem if requested by the Grantee. If subscriber availability is required for repair, a credit will not be provided for such time, if any, that the subscriber is not reasonably available.

(b) Under normal operating conditions, if a significant outage affects all video programming cable services for more than 24 consecutive hours, a Grantee shall issue an automatic credit to the affected subscribers in the amount equal to their monthly recurring charges for the proportionate time the cable service was out, or a credit to the affected subscribers in the amount equal to the charge for the basic plus enhanced basic level of service for the proportionate time the cable service was out, whichever is technically feasible or, if both are technically feasible, as determined by the Grantee provided such determination is non-discriminatory. Such credit shall be reflected on subscriber billing statements within the next available billing cycle following the outage.

(c) Annual notice to be given to subscribers regarding their right to a refund. A Grantee shall, at the time of initial subscription to the cable system and annually thereafter, furnish a notice to subscribers of their rights to refunds pursuant to this section.

(§ 2, Ord. 2727 c.s., eff. May 5, 1994, as amended by § 1, Ord. 2993 c.s., eff. December 30, 2006)

(a) City may examine all property of Grantee. At all reasonable times and upon reasonable notice the Grantee shall permit any duly authorized representative of the City to examine all property of the Grantee, together with any appurtenant property of the Grantee situated within or without the City, and to examine any and all maps and other records kept or maintained by the Grantee or under its control which deal with the operations, affairs, transactions or property of the Grantee with respect to its franchise. If any such maps or records are not kept in the City, or upon reasonable request made available in the City, and if the Council shall determine that an examination thereof is necessary or appropriate, then all travel and maintenance expenses necessarily incurred in making such examination shall be paid by the Grantee.

(b) Open books and records. Upon reasonable written notice to a Grantee and with no less than 10 days prior written notice to the Grantee, the City shall have the right to inspect the Grantee's books and records pertaining to the operation of the franchise at any time during normal business hours as are reasonably necessary to ensure compliance with the terms of its franchise agreement, this chapter and applicable State and Federal law. (This provision, however, shall not prohibit the City from reviewing records that cable system operators must make available for public inspection pursuant to Federal law.) Such inspections shall be conducted in a manner that will not unreasonably disrupt the Grantee's normal operations. Such notice shall specifically reference the records that the City desires to review, so that the Grantee may organize the necessary books and records for appropriate access by the City. A Grantee shall not be required to maintain any books and records for franchise compliance purposes longer than four years. Notwithstanding anything to the contrary set forth herein, a Grantee shall not be required to provide copies of information that is proprietary or confidential in nature, or disclose any of its or an affiliate's books and records not relating to compliance with the terms of its franchise agreement, this chapter and applicable State and Federal law. The City shall only disclose a Grantee's proprietary or confidential information to employees, representatives, and agents thereof who have a need to know, or in order to enforce the provisions of its franchise agreement, this chapter and applicable State and Federal law. Except as provided below, the City shall treat as confidential and not voluntarily disclose any books, records and information disclosed hereunder that constitutes proprietary or confidential information under Federal or State law, to the extent a Grantee makes the City aware of such confidentiality. A Grantee shall be responsible for clearly and conspicuously stamping the word "Confidential" on each page that contains confidential or proprietary information, and shall provide a brief written explanation as to why such information is confidential. If the City receives a demand from any person for disclosure of any information designated by the Grantee as confidential, the City shall, so far as consistent with applicable law, advise the Grantee and provide the Grantee, within a reasonable time, with a copy of any written request by the party demanding access to such information. Unless otherwise ordered by a court or agency of competent jurisdiction, the City agrees that, to the extent permitted by State and Federal law, it shall deny access to any of the Grantee's information marked confidential as set forth above to any person. A Grantee shall not be required to provide subscriber information in violation of Section 631 of the Communications Act, 47 U.S.C. Section 551.

(c) Grantee shall keep in City complete plans and records showing exact location of all cable system equipment. The Grantee shall at all times make and keep in the City full and complete plans and records showing the exact location of all cable system equipment installed or in use in streets, public rights-of-way and other places in the City.

(d) Grantee to file current maps of cable system with Director of Public Works. The Grantee shall file with the Director of Public Works, on or before the last day in March of each year, in which cable system equipment placement has changed, current maps or sets of maps drawn to scale, showing all cable system equipment installed and in place in streets, public rights-of-way and other public places of the City.

(e) Subsections (a), (c), and (d) of this section shall not apply to a cable operator that had a franchise from the State of California to occupy the City's streets as a telephone company prior to receiving its cable franchise.

(§ 2, Ord. 2727 c.s., eff. May 5, 1994, as amended by § 1, Ord. 2993 c.s., eff. December 30, 2006)

(a) Indemnification.

(1) Each Grantee shall fully indemnify, save and hold harmless, and defend the City, its officers, agents, boards and employees, from and against any liability for damages or claims resulting from tangible property damage or bodily injury (including accidental death), to the extent proximately caused by the Grantee's negligent construction, operation, or maintenance of its cable system, provided that the City shall give the Grantee written notice of its obligation to indemnify the City within 10 days of receipt of a claim or action pursuant to this subsection, or 15 days provided that the Grantee is not prejudiced by the timing of such notice. Notwithstanding the foregoing, the Grantee shall not indemnify the City for any damages, liability or claims resulting from the willful misconduct or negligence of the City, its officers, agents, employees, attorneys, consultants, independent contractors or third parties, or for any activity or function conducted by any person other than the Grantee in connection with PEG Access, or the emergency alert system, or the distribution of any cable service over the cable system.

(2) With respect to a Grantee's indemnity obligations set forth in subsection (a)(1), the Grantee shall provide the defense of any claims brought against the City by selecting counsel of the Grantee's choice to defend the claim, subject to the consent of the City, which shall not unreasonably be withheld. Nothing herein shall be deemed to prevent the City from cooperating with the Grantee and participating in the defense of any litigation by its own counsel at its own cost and expense, provided, however, that after consultation with the City, the Grantee shall have the right to defend, settle or compromise any claim or action arising hereunder, and the Grantee shall have the authority to decide the appropriateness and the amount of any such settlement. In the event that the terms of any such proposed settlement includes the release of the Grantee and the City does not consent to the terms of any such settlement or compromise, the Grantee shall not settle the claim or action, but its obligation to indemnify the City shall in no event exceed the amount of such settlement.

(3) The City is in no manner or means waiving any governmental immunity it may enjoy or any immunity for its agents, officials, servants, attorneys, representatives and/or employees.

(4) All rights of City pursuant to indemnification, insurance, security fund or construction bond(s), as provided for by this chapter, are in addition to all other rights the City may have under this chapter or any other ordinance, rule, regulation or law.

(5) The City's exercise of or failure to exercise all rights pursuant to any section of this ordinance shall not affect in any way the right of City subsequently to exercise any such rights or any other right of City under this chapter or any other ordinance, rule, regulation or law.

(6) It is the purpose of this subsection to provide maximum indemnification to the City under the terms and conditions expressed and, in the event of a dispute, this section shall be construed (to the greatest extent permitted by law) to provide for the indemnification of the City by the Grantee.

(7) The provisions of this subsection shall not be dependent or conditioned upon the validity of this chapter or the validity of any of the procedures or agreements involved in the award or renewal of a franchise, but shall be and remain a binding right and obligation of the City and Grantee even if part or all of this chapter, or the grant or renewal of a franchise, is declared null and void in a legal or administrative proceeding. By accepting its franchise a Grantee agrees that the provisions of this subsection survive any such declaration and shall be a binding obligation of, and inure to the benefit of, the Grantee and City and their respective successors and assigns, if any.

(b) Comprehensive liability insurance. Upon acceptance of its franchise, a Grantee shall file with the City Clerk and shall thereafter during the entire term of such franchise maintain in full force and effect, at its own expense, a general comprehensive liability insurance policy or policies which shall insure Grantee and provide primary coverage for the City, its officers, boards, commissions, agents and employees, against liability for loss or liability for personal injury, death, property damage (both automobile and nonautomobile cause), or other damages. Such policy or policies shall be issued by a company qualified to do business in the State of California, with an A- or better rating for financial condition and financial performance by Best's Key Rating Guide, Property/Casualty Edition. The policy or policies shall name the City, its officers, boards, commissions, agents and employees as additional insured (except as to worker's compensation and employer's liability insurance) and contain a provision that a written notice of any cancellation, modification or reduction in coverage of said policy shall be delivered to the City Clerk 30 days in advance of the effective date thereof. No franchise granted under this chapter shall be effective unless and until each of the foregoing policies of insurance as required in this subsection has been delivered to the City Clerk. Any substitute policy or policies shall be subject to the same approvals and shall comply with all of the provisions of this subsection.

(§ 2, Ord. 2727 c.s., eff. May 5, 1994, as amended by § 1, Ord. 2993 c.s., eff. December 30, 2006)

(a) Cash security fund not less than Twenty-Five Thousand and No/100ths ($25,000.00) Dollars required to assure faithful performance. Prior to the date on which a Grantee begins to provide commercial service to subscribers in the City, the Grantee shall post with the City security for the performance of its obligations under its franchise agreement in an amount of not less than Twenty-Five Thousand and No/100ths ($25,000.00) Dollars. A franchise agreement may provide for a security fund greater than the minimum specified in this subsection. The form of this security may, at a Grantee's option, be a performance bond, letter of credit, cash deposit, cashier's check or any other security acceptable to the City. The security fund shall be used to: (1) ensure the faithful performance by the Grantee of its obligations under its franchise agreement and compliance with this chapter; (2) pay the City sums due under the provisions of its franchise agreement in the event the Grantee fails to do so after notice and the opportunity to cure; and (3) pay liquidated damages assessed against the Grantee due to franchise violations after notice and the opportunity to cure.

(b) Cash security to be placed in interest bearing account and interest added to fund during franchise term. If a Grantee provides a cash deposit, the City shall place the security deposit in an interest bearing account. The interest will accrue to the benefit of the Grantee but may not be withdrawn by the Grantee; all interest will be added to and become part of the security fund during the term of the franchise.

(c) Procedure for City to draw down. If a Grantee fails to pay the City any fees or taxes, liquidated damages, damages, or costs or expenses incurred by the City by reason of any act or default of the Grantee, or if the Grantee fails to comply with any provision of the franchise agreement or this chapter that the City determines can be remedied by an expenditure of the security fund, the City may withdraw that amount with any interest and penalties from the security fund, pursuant to the procedures outlined in Section 11-3.608(b) of this chapter.

The Grantee shall have the right to appeal in a court of law within 60 days of the City Council's decision on with-drawals from the security fund.

(d) Following a draw down or withdrawal from security fund Grantee required to restore to full amount. Within 30 calendar days after written notice to the Grantee that an amount has been withdrawn by the City from the security fund, the Grantee shall deposit a sum of money sufficient to restore the security fund to the total amount in the fund immediately prior to the withdrawal. If the Grantee fails to restore the security fund to the original amount within 30 calendar days, the entire security fund remaining may be forfeited, and/or such failure may be considered material breach of this chapter and may be used as grounds for revocation of the franchise.

(e) Disposition of fund, if franchise is revoked. The security fund will become the property of the City in the event the franchise is revoked. The Grantee is entitled to the return of the balance of the security fund including interest that remains following expiration of the franchise; provided, that there are not outstanding unpaid amounts owed to the City by the Grantee, in which event same may be subtracted from such balance.

(f) City's right with respect to security fund are in addition to all other rights. The rights reserved to the City with respect to the security fund are in addition to all other rights of the City, whether reserved by this chapter or authorized by other law, or the franchise agreement, and no action, proceeding or exercise of a right with respect to such security fund will affect any other right the City may have.

(§ 2, Ord. 2727 c.s., eff. May 5, 1994, as amended by § 1, Ord. 2993 c.s., eff. December 30, 2006)

(a) Grantee may be required to obtain construction bond in an amount established in franchise agreement. Within 30 days after the award or renewal of a franchise, a Grantee may be required to obtain and maintain throughout the period of system construction or reconstruction, at its cost and expense, and file with the City Clerk, a corporate surety bond in a company authorized to do business in the State, and found acceptable by the City Attorney, an amount established in a franchise agreement to guarantee the timely construction and/or reconstruction and full activation of the cable system and the safeguarding of damage to private property and restoration of damages incurred with utilities.

(b) The bond shall provide, but not be limited to, the following condition: There shall be recoverable by the City, jointly and severally from the principal and surety, any and all damages, loss or costs suffered by the City resulting from the failure of a Grantee to satisfactorily complete and fully activate the cable system throughout the franchise area pursuant to the terms and conditions of this chapter and the franchise agreement.

(c) Bond to be terminated only after City Council finds Grantee has satisfactorily completed all work. The construction bond shall be terminated only after the City Council finds that a Grantee has satisfactorily completed initial construction and activation or reconstruction of the Cable system pursuant to the terms and conditions of this chapter and the franchise agreement.

(d) Rights with respect to construction bond in addition to all other rights of City. The rights reserved to the City with respect to the construction bond are in addition to all other rights of the City, whether reserved by this chapter or authorized by law, and no action, proceeding or exercise of a right with respect to such construction bond shall affect any other rights the City may have.

(e) Endorsement required. The construction bond shall contain the following endorsement:

It is hereby understood and agreed that this bond may not be cancelled by the surety nor the intention not to renew be stated by the surety until 60 days after receipt by the City, by registered mail, of written notice of such intent to cancel or not to renew.

(f) This section shall not apply to a cable operator that had a franchise from the State of California to occupy the City's streets as a telephone company prior to receiving its cable franchise.

(§ 2, Ord. 2727 c.s., eff. May 5, 1994, as amended by § 1, Ord. 2993 c.s., eff. December 30, 2006)

(a) Franchise agreement required to include specific provisions for liquidated damages. A franchise agreement shall include provisions for liquidated damages to be paid by the Grantee, in amounts set forth in the franchise agreement and chargeable to the security fund.

(b) Procedures for levying liquidated damages, opportunity to cure problem, due process provided to Grantee. If the City Manager, following prior reasonable notice to Grantee to cure any problem that might result in liquidated damages concludes that a Grantee is in fact liable for liquidated damages pursuant to this section, he/she shall issue to Grantee by certified mail a notice of intention to assess liquidated damages. The notice shall set forth the basis of the assessment, and shall inform the Grantee that liquidated damages will be assessed from the date of the notice unless the assessment notice is appealed for hearing before the City Council and the City Council rules: (1) that there was no violation, or (2) that the violation has been corrected, or (3) that an extension of time or other relief should be granted. A Grantee desiring a hearing before the City Council shall send a written Notice of Appeal by certified mail to the City Manager within 10 days of the date on which the City sent the notice of intention to assess liquidated damages. The hearing on the Grantee's appeal shall be within 30 days of the date on which the City sent the notice of intention to assess liquidated damages. After the hearing, if the City Council sustains in whole or in part the City Manager's Assessment of Liquidated Damages, the City Manager may at any time thereafter draw upon the security fund required by Section 11-3.606. Unless the City Council indicates to the contrary, the liquidated damages shall be assessed beginning with the date on which the City sent the notice of the intention to assess liquidated damages and continuing thereafter until such time as the violation ceases, as determined by the City Manager. Grantee may appeal any determination of City Council to an appropriate forum.

(§ 2, Ord. 2727 c.s., eff. May 5, 1994, as amended by § 1, as amended by § 1, Ord. 2993 c.s., eff. December 30, 2006)

(a) The City may assess penalties for any material breach by a state franchise holder of the provisions of Public Utilities Code Section 5900. No monetary penalties shall be assessed for a material breach if it is not within the reasonable control of the State franchise holder.

(b) For each material breach of a standard enforceable by the City under Public Utilities Code Section 5900, the City may impose penalties as follows:

1. Five Hundred and No/100ths ($500.00) Dollars per day for each day of each material breach, not to exceed One Thousand Five Hundred and No/100ths ($1,500.00) Dollars for each occurrence of a material breach.

2. If a material breach of this section has occurred, and the City has provided notice and a fine or penalty has been assessed under this section, and if a subsequent material breach of the same nature occurs within 12 months, One Thousand and No/100ths ($1,000.00) Dollars for each day of each material breach, not to exceed Three Thousand and No/100ths ($3,000.00) Dollars for each occurrence of the material breach.

3. If a third or further material breach of the same nature occurs within those same 12 months, and the local entity has provided notice and a fine or penalty has been assessed, the penalties may be increased to a maximum of Two Thousand Five Hundred and No/100ths ($2,500.00) Dollars for each day of each material breach, not to exceed Seven Thousand Five Hundred and No/100ths ($7,500.00) dollars for each occurrence of the material breach.

(c) Any penalty assessed under this section will be reduced dollar for dollar to the extent any liquidated damage provision of a franchise imposes a monetary obligation on a Grantee for the same customer service failures, and no other monetary damages may be assessed.

(d) Any penalties imposed by the City will be imposed pursuant to the procedures set forth in Public Utilities Code Sections 5900(d) through (g).

(§ 1, Ord. 2993 c.s., eff. December 30, 2006)

(a) Franchise may be terminated for material breach of terms and conditions: Examples given. In addition to all other rights and powers retained by the City under this chapter or otherwise, the City reserves the right to forfeit and terminate a franchise granted under this chapter, and all rights and privileges of a Grantee, in the event of a material breach of its terms and conditions. In interpreting the ordinance codified in this chapter or in a related franchise agreement, material provisions shall include all labeled as such and all others, which, under all the facts and circumstances indicated, are a significant provision of the franchise agreement. In determining a material breach, the City shall take into consideration the reliability of the evidence of the breach, nature of the breach, whether the breach was chronic, the person or persons bearing the impact of the breach, the nature of the remedy required in order to prevent further such breaches, and such other matters as the City may deem appropriate. A material breach by a Grantee shall include, but shall not be limited to, the following:

(1) Violation of any material provision of this chapter, the franchise agreement or any material rule, order, regulation or determination of the City made pursuant to this chapter or the franchise agreement;

(2) The evasion of any material provision of this chapter or the franchise agreement, or practice any fraud or deceit upon the City or its subscribers or customers;

(3) Failure to begin or complete cable system construction, reconstruction or cable system extension as provided under the franchise agreement;

(4) Failure to provide any cable services and facilities set forth in the franchise agreement;

(5) Failure to restore cable service after 96 consecutive hours of interrupted cable service, except when there is just cause and when approval of such interruption is obtained from the City; or

(6) Material misrepresentation of fact in the application for or renegotiation of the franchise.

(b) Violations that occur which are not the fault of Grantee shall not constitute a material breach. The foregoing shall not constitute a material breach if the violation occurs but is without fault of a Grantee or occurs as result of circumstances beyond its control. Grantee shall not be excused by mere economic hardship nor any misfeasance or malfeasance of its shareholders, directors, officers, or employees.

(c) Procedures outlined leading to possible termination of franchise. The City may make a written demand that a Grantee comply with any such material provision, rule, order, or determination under or pursuant to this chapter or applicable franchise agreement. If the violation by the Grantee continues for a period of 30 days following such written demand without written proof that the corrective action has been taken or is being actively and expeditiously pursued, the City may place the issue of termination of the franchise before the City Council. The City shall cause to be served upon Grantee, at least 20 days prior to the date of such a City Council meeting, a written notice of intent to request such termination and the time and place of the meeting. Public notice shall be given of the meeting and issue which the City Council is to consider.

(d) City Council shall hear and consider issues and determine if a violation has occurred. The City Council shall hear and consider the issue and shall hear any person interested therein, and shall determine, in its discretion, whether or not any violation by the Grantee has occurred.

(e) City Council may declare franchise terminated if compliance does not occur within specified period. If the City Council shall determine the violation by a Grantee was the fault of the Grantee and within its control the City Council may, by resolution, declare that the franchise of the Grantee be forfeited and terminated, unless there is compliance within such period as the City Council may fix. Such period not to be less than 60 days, provided no opportunity for compliance need be granted for fraud or misrepresentation.

(§ 2, Ord. 2727 c.s., eff. May 5, 1994, as amended by § 1, Ord. 2993 c.s., eff. December 30, 2006)

Grantee shall act so as to assure all subscribers receive continuous service. It shall be the right of all subscribers to continue receiving cable service insofar as their financial and other obligations to a Grantee are honored. In the event that a Grantee elects to rebuild, modify or sell the cable system, or the City gives notice of proposed termination or revocation of a franchise or intent to deny renewal of a franchise pursuant to the Cable Act, the Grantee shall act so as to assure that all subscribers receive continuous service, regardless of the circumstances, for 90 days beyond the transfer, revocation or nonrenewal of a franchise, but only in the event that a third party has not begun operating the cable system.

In the event of a change of Grantee, or in the event a new operator acquires the cable system, a Grantee shall cooperate with the City and the new Grantee or operator in maintaining continuity of cable service to all subscribers.

(§ 2, Ord. 2727 c.s., eff. May 5, 1994, as amended by § 1, Ord. 2993 c.s., eff. December 30, 2006)

A Grantee shall not be excused from complying with any of the terms and conditions of a franchise or this chapter by any failure of the City upon any one or more occasions to insist upon or to seek compliance with any such terms or conditions.

(§ 2, Ord. 2727 c.s., eff. May 5, 1994, as amended by § 1, Ord. 2993 c.s., eff. December 30, 2006)

(a) Any provision of this chapter may be waived, at the sole discretion of the City, by resolution of the City Council.

(b) Grantee may submit a request for waiver to the City Council at any time during the franchise term. Such request for waiver may, at the sole discretion of the City Council, be set for public hearing and a decision shall be made within 120 days following its submission.

(c) The City Council may authorize the economic, technical or legal evaluation of such waiver request and the Grantee shall be required to reimburse the City for all expenditures incurred by City in connection with such evaluation unless otherwise agreed by the City and a Grantee.

(d) This section is enacted solely for the convenience and benefit of the Grantor and shall not be construed in such a manner as to create any right or entitlement for the Grantee.

(§ 2, Ord. 2727 c.s., eff. May 5, 1994, as amended by § 1, Ord. 2993 c.s., eff. December 30, 2006)

(a) When not otherwise prescribed herein, all matters herein required to be filed with the City shall be filed with the office of the City Clerk.

(b) No person, firm or corporation in the existing cable service area of the Grantee shall be arbitrarily refused cable service; provided, however, that the Grantee shall not be required to provide cable service to any subscriber who does not pay the applicable connection fee or monthly cable service charge.

(c) All notices which the City may give to a Grantee or which a Grantee may give to the City shall be given in writing and may be given by first class mail, postage prepaid or by a national express mail service addressed to Grantee's most recent address on file with the City, and addressed to City at its City Hall. Such notices, when sent by mail, shall be deemed given one day after deposit in the U.S. Mail.

(§ 2, Ord. 227 c.s., eff. May 5, 1994, as amended by § 1, Ord. 2993 c.s., eff. December 30, 2006)

With respect to any provision of this chapter or any franchise agreement granted pursuant thereto, the violation or noncompliance with which could result in the imposition of a financial penalty, forfeiture, termination, cancellation or other sanction upon a Grantee, such violation or noncompliance shall be excused where such violation or noncompliance is the result of an event or events reasonably beyond the ability of the Grantee to anticipate and control. This includes, but is not limited to, severe or unusual weather conditions, strikes, labor disturbances, lockouts, war or act of war (whether an actual declaration of war is made or not), insurrection, riots, act of public enemy, actions or inactions of any government instrumentality or public utility including condemnation, accidents for which the Grantee is not primarily responsible, fire, flood, or other acts of God, or work delays caused by waiting for utility providers to service or monitor utility poles to which a Grantee's plant is attached, and unavailability of materials and/or qualified labor to perform the work necessary to the extent such unavailability is reasonably beyond the ability of the Grantee to anticipate and control.

(§ 2, Ord. 2727 c.s., eff. May 5, 1994, as amended by § 1, Ord. 2993 c.s., eff. December 30, 2006)