City of Hayward, WI Cable Television Franchise Policy

A certain document, three copies of which are on file in the office of the City Clerk/Treasurer of the City of Hayward, being marked and designated as "The City of Hayward Cable Television Franchise Policy," is hereby referred to, adopted, and made a part hereof, as if fully set out in this chapter.[1]

[1]

Editor's Note: The City of Hayward Cable Television Franchise Policy is on file in the City offices.

Any person, place, corporation, partnership or entity which violates a provision of the policy shall upon conviction thereof be subject to the forfeitures as set below:

A.

For the violation of any of the following provisions of this policy, damages shall be chargeable to the letter of credit or corporate guarantee in lieu of bond as follows, and the City may determine the amount of the forfeiture for other violations that are not specified in a sum not to exceed $250 for each violation, with each day constituting a separate violation:

(1)

Failure to furnish, maintain, or offer all cable services to any potential Subscriber within the City pursuant to Section 20 herein upon order of the City: $250 per day, per violation, for each day that such failure occurs or continues up to a maximum of $1,000;

(2)

Failure to obtain or file evidence of required insurance, construction bond, performance bond, or other required financial security: $250 per day, per violation, for each day such failure occurs or continues up to a maximum of $1,000;

(3)

Failure to provide access to data, documents, records, or reports to the City as required by sections 19, 29, 30, 31 and 37: $250 per day, per violation, for each day such failure occurs or continues up to a maximum of $1,000;

(4)

Failure to comply with applicable construction, operation, or maintenance standards: $250 per day, per violation up to a maximum of $1,000;

(5)

Failure to comply with a rate decision or refund order: $500 per day, per violation, for each day such a violation occurs or continues up to a maximum of $1,000;

(6)

Any violations for noncompliance with the customer service standards of Sections 23 through 25, the grantee shall pay $250 per day for each day, or part thereof, that such noncompliance continues up to a maximum of $1,000;

(7)

Any other violations of a franchise agreement to be determined by the grantor in a public hearing but not specifically noted in this section shall not exceed $250 per day per violation up to a maximum of $1,000.

B.

Any change in the forfeiture schedule may be made by a resolution adopted by a majority vote of the Common Council of the City of Hayward.

The City of Hayward Public Works Director, or his or her appointee, shall have the authority to enforce this chapter.