§ 90-247. Enforcement proceedings.

At any time and from time to time proceedings may be commenced by the board of directors of the cable television commission.

The purpose of such proceedings shall be, and the powers of the board of directors of the commission shall include, the following:

a.

Determination of whether there has been a violation of any of the terms, conditions or requirements set forth in sections 90-228 through 90-235, 90-238 through 90-242, above, or 90-251, below, or any requirements in relation thereto established pursuant to previously conducted enforcement proceedings;

b.

Establishment of new or revised schedules for compliance with any of the terms, conditions or requirements set forth in sections 90-228 through 90-235, 90-238 through 90-242, above, or 90-251, below, or any requirements in relation thereto established pursuant to previously conducted enforcement proceedings, with respect to any such terms, conditions or requirements which are determined to have been violated;

c.

Determination of whether the franchisee is in breach of any of the terms, conditions or requirements set forth in sections 90-228 through 90-235, 90-238 through 90-242, above, or 90-251, below, or of the franchise documents with respect to the violation of any such terms, conditions or requirements, and, if so, the nature and extent of any such breach; and

d.

With respect to any finding of breach, determination of the remedy therefor authorized by sections 90-458 and 90-459 in subdivision III of division 5.

In connection with determinations by the board of directors that there has been a violation of any time limit prescribed by sections 90-228 through 90-235, 90-238 through 90-242, above, or 90-251, below, the board shall be authorized to establish new time schedules and time limitations based upon the circumstances, which shall supersede those set forth in said sections. Future enforcement proceedings pursuant to this section and sections 90-248 and 90-249, below, may be undertaken in relation to time schedules and time limitations established pursuant to prior enforcement proceedings. In the event the board finds that a franchisee has breached any of the time limitations set forth in sections 90-228 through 90-235, 90-238 through 90-242, above, or 90-251, below, or established pursuant to prior enforcement proceedings, the board shall be authorized to determine and assess the amount of liquidated damages, if any, which the franchisee shall be required to pay as a result of such breach, and whether, and if so, the extent to which the term of the franchise should be reduced with respect to any such breach. Such determinations shall, without appeal to arbitration or as affirmed by arbitration, be self-executing.

In the event the board of directors determines that the cable television system fails to comply with any of the requirements of the franchise documents or that the franchisee has failed to provide any of the facilities or services (including those relating to community use) required by the franchise documents, the board may determine the specific deficiencies and order the correction thereof. Such determinations shall, without appeal to arbitration or as affirmed by arbitration, be self-executing.

(Ord. No. 97-12, § 2(5.50.438), 2-13-1997; Ord. No. 97-21, § 2, 12-10-1997)