§ 10-118. Enforcement.

(a)

The company shall file with the Warren City Clerk, on a quarterly basis, a notarized statement certifying compliance with these customer service standards, and to ensure compliance with the telephone answering standards, the company shall attach a written record of the times and dates of all incoming telephone calls, answering response time, and busy signal time.

(b)

The cable commission shall be responsible for monitoring compliance with this article. Upon any determination that the company has violated any provision of this article, the cable commission shall provide the company with five (5) days' notice to establish its compliance with any or all of the standards required above. The company shall provide sufficient documentation to permit the city to verify the compliance.

(c)

A repeated and verifiable pattern of non-compliance with this article, after the company's receipt of due notice and an opportunity to cure, may be deemed a material breach of the franchise agreement.

(d)

For any verified violation of this article, the cable commission may in its discretion assess liquidated damages not to exceed an amount up to one hundred dollars ($100.00) each day the company is in violation. The total amount of liquidated damages assessed may not exceed the amount of one hundred dollars ($100.00) for any one (1) day. Such assessment of liquidated damages shall not constitute a waiver by the city of any other right or remedy it may have under any state or federal law or this cable franchise ordinance.

(Ord. No. 80-470, § 1, 11-9-94)