§ 5.104.070. Customer service and protection.

(a)

A state franchisee shall comply with California Government Code Sections 53055, 53055.1, 53055.2 and 53088.2; the FCC customer service and notice standards set forth in Title 47 of the Code of Federal Regulations Sections 76.309, 76.1602, 76.1603 and 76.1619; California Penal Code Section 637.5; the privacy standards of Title 47 Section 551 of the United States Code; and all other applicable state and federal customer service and consumer protection standards pertaining to the provision of video service, including any such standards hereafter adopted. In case of a conflict, the stricter standard shall apply. All customer service and consumer protection standards under this paragraph shall be interpreted and applied to accommodate newer or different technologies while meeting or exceeding the goals of the standards.

(b)

The Cable Coordinator shall monitor the compliance of state franchisees with respect to the state and federal customer service and consumer protection standards set forth in paragraph (a). The Cable Coordinator will provide a state franchisee with written notice of any material breaches of applicable customer service or consumer protection standards, and will allow the state franchisee thirty (30) days from the receipt of the notice to remedy the specified material breach. Material breaches not remedied within the thirty-day time period will be subject to the following penalties to be imposed by the County:

1.

For the first occurrence of a violation, a fine of five hundred dollars ($500.00) shall be imposed for each day the violation remains in effect, not to exceed one thousand five hundred dollars ($1,500.00) for each violation.

2.

For a second violation of the same nature within twelve (12) months, a fine of one thousand dollars ($1,000.00) shall be imposed for each day the violation remains in effect, not to exceed three thousand dollars ($3,000.00) for each violation.

3.

For a third or further violation of the same nature within twelve (12) months, a fine of two thousand five hundred dollars ($2,500.00) shall be imposed for each day the violation remains in effect, not to exceed seven thousand five hundred dollars ($7,500.00) for each violation.

(c)

A state franchisee may appeal a penalty assessed by the Cable Coordinator to the Board within sixty (60) days of the initial assessment. The Board shall hear all evidence and relevant testimony and may uphold, modify or vacate the penalty. The Board's decision on the imposition of a penalty shall be final.

(Ord. 04453, § 2, 12/9/08)