Skip Navigation
Sebago Maine Town Seal
This table is used for column layout.
 
Cable Television Ordinance Section 10
Penalties
10.1.     Assessment. If a Cable Operator fails to observe any obligation under this Ordinance or any Franchise Agreement, Grantor may assess the Cable Operator, and the Cable Operator agrees to pay to Grantor, a monetary penalty in accordance with the Schedule of Penalties set forth in Section 10.8-10.12 below. Such assessment shall not constitute a waiver by Grantor of any other right or remedy it may have under this Ordinance or the Franchise Agreement, or under applicable law, including, without limitation, its right to recover from the Cable Operator such additional damages, losses, costs and expenses as may have been suffered or incurred by Grantor by reason of or arising out of such breach of this Ordinance or the Franchise Agreement; provided, that any penalties collected by Grantor from the Cable Operator pursuant hereto shall be applied against, and reduce accordingly, the amount of any recoveries due Grantor pursuant to this sentence for the failure to perform for which such penalties were assessed.

10.2.     Notification. Upon Grantor’s assessing a penalty pursuant to Section 10.1 above, notice of such assessment shall be sent to the Cable Operator, with a concise statement of the reasons therefore.

10.3.   ~Hearing. Within ten (10) days after receipt of a notice pursuant to Section 10.2 above, the Cable Operator may request a hearing before the Grantor’s Town Manager or his/her designee. Such hearing shall be held within thirty (30) days after receipt of the request therefore. The pendency of a request of hearing shall suspend payment of the penalty until ten (10) days after receipt by the Cable Operator of the decision of the Town Manager or designee confirming the penalty in whole or in part.

10.4.     Payment. Except as provided in Section 10.3 above, the Cable Operator shall pay the full amount of any penalty to Grantor within ten (10) days after receipt of a notice pursuant to Section 10.2 above and the cure period has expired.

10.5.   ~Default. Subsequent to the notice and opportunity to cure provision herein, upon failure of the Cable Operator to make timely payment of an assessed penalty, Grantor may recover the amount of any such penalty from the performance bond or security fund pursuant to Section 6(a) above. Failure of the Cable Operator to make timely payment of an assessed penalty is a violation of material provision of the Franchise Agreement.

10.6.   ~Disposition. ~Amounts received by Grantor as penalties assessed against a Cable Operator may be used by Grantor for any purpose it deems fit.

10.7.   ~Schedule of Penalties. Pursuant to Section 10.1, 10.2 and 10.3 above, the following monetary penalties shall apply, and liability therefore shall accrue from the date of receipt of notice pursuant to Section 10.2 above, and upon failure to cure within the time period specified below, if any opportunity to cure is provided.

10.8.   $50.00 Per Day. The penalty for the following violations shall be fifty dollars ($50.00) per day until the violation is cured:
(a) Failure to maintain the Cable Operator’s required insurance pursuant to Section 6(c) with the penalty beginning 30 days after Cable Operator receives written notification of the violation.

(b) Failure to make timely payment of the franchise fee pursuant to Section 9(b) with the penalty beginning 30 days after Cable Operator receives written notification of the violation.

(c) Violation of the privacy restrictions in Sections 12.7(d) of this Ordinance. This penalty shall be assessed with the penalty beginning 7 days after Cable Operator receives written notification of the violation.

(d) Failure to restore damaged property within the specified period pursuant to Section 11.11 with the penalty beginning 5 days after Cable Operator receives written notification of the violation.

(e) Failure to make and maintain records as required by Section 13.6 with the penalty beginning 30 days after Cable Operator receives written notification of the violation. This penalty shall be assessed for each such record not maintained.

(f) Failure to obtain and maintain the performance bond or security fund pursuant to Section 6(a) with the penalty beginning 30 days after Cable Operator receives written notification of the violation.

(g) Failure to remove, relocate or protect the Cable Operator’s system pursuant to Sections 5(d), 5(e) and 11.17 with the penalty beginning 7 days after Cable Operator receives written notification of the violation.

(h) Failure to eliminate objectionable interference pursuant to Section 11.18 with the penalty beginning 14 days after Cable Operator receives written notification of the violation.

(i) Failure to provide reports within the time required by Section 18 assessed for each report not provided with the penalty beginning 14 days after Cable Operator receives written notification of the violation.

10.9. $5.00 Per Affected Subscriber Per Day. The fine for the following violations shall be five dollars ($5.00) per Subscriber affected by the violation per day until the violation is cured.

(a) Failure to respond to a request for repair or adjustment within the time required by Section 13.4. This penalty shall begin 24 hours after the Town notifies the Cable Operator in writing of the violation.

(b) Failure to commence service to a Subscriber within the time required by Section 14.0 beginning 2 days after the Town notifies Cable Operator in writing of the violation.

(c) Failure to pay a refund due a Subscriber upon termination within the time required by Section 15.6. This penalty shall begin 5 days after the Town notifies the Cable Operator in writing of the violation.

(d) Failure to respond to a billing complaint within the time required by Section 16.3. This penalty shall begin 2 days after the Town notifies the Cable Operator in writing of the violation.

(e) Failure to respond to a service complaint within the time required by Section 16.4. This penalty shall begin 2 days after the Town notifies the Cable Operator in writing of the violation.

(f) Failure to pay a rebate or apply a credit for service loss within the time required by Section 13.5. This penalty shall begin 5 days after the Town notifies the Cable Operator in writing of the violation.

10.10.  $500.00 Fine. The fine shall be five hundred dollars ($500.00) for the following violations beginning 60 days after the Grantor notifies the Cable Operator in writing of the violation until the violation is cured.

(a) Failure to complete any system rebuild as required by Section 11.1 and the terms of the Franchise Agreement. This penalty shall be assessed per day until compliance is achieved.

(b) Failure to make service available to unserved areas within the time required by the terms of the Franchise Agreement. This penalty shall be assessed per day until compliance is achieved.

(c) Failure to provide access channels, facilities and equipment funding in accordance with terms of the Franchise Agreement. This penalty shall be assessed per day until compliance.
10.11.    Violation of Subscriber Privacy. The fine for a violation of Section 12.7(e) is one thousand dollars ($1,000) per occurrence of selling or disclosing subscriber lists, viewing habits or personally identifiable information (and not per day or per affected subscriber).

10.12.     Failure to Provide Emergency Override Capabilities. The Cable System shall incorporate emergency audio override capabilities in accordance with FCC Emergency Alert System (EAS) standards and as required by Section 11.3. The fine for a failure of the system to perform as described in the event of a public emergency or vital public information situation, shall be one thousand dollars ($1,000) assessed per occurrence, except to the extent the Cable System is rendered non-functional due to damage caused by factors outside of the Cable Operator’s reasonable control.

10.13.   Force Majeure. The Cable Operator shall not be assessed any penalties for any delay or failure to perform its obligations under the Ordinance if doing so is prevented by Act of God, the inability to secure materials despite the use of all commercially reasonable efforts by the Cable Operator, flood, storm, fire, explosions, strikes, riots, wars whether or not declared, insurrections, epidemics, or any law, rule or act of any court of competent jurisdiction or instrumentality of government or any other occurrence outside of the control of the Cable Operator when using all commercially reasonable efforts.

10.14.    Further Recourse. In addition to the foregoing penalties, upon the failure, refusal or neglect of the Cable Operator to cause any work or other act required by law or by this Ordinance or the Franchise Agreement to be properly completed in, on, over or under any Street~or Public Way within any time prescribed, Grantor may (but shall not be required to) cause such work or other act to be performed or completed in whole or in part and upon so doing shall submit to the Cable Operator an itemized statement of the costs thereof. The Cable Operator shall, within thirty days after receipt of such statement, pay to Grantor the entire amount thereof.