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SAN LEANDRO ADMINISTRATIVE CODE TITLE M 1. C}..BLE TELEVISION CITY MANAGER Chapter l J. Basic Cable Television Service Tier-Rate Regulations (a) Monetarv Sanctions. Monetary sanctions may be imposed by the City Council upon a finding that the Company ahs not complied with one or more provisions of these Regulations. At the conclusion of a noticed hearing pursuant to section 31.1.125(a) above, the City Council may impose monetary sanctions for a violation of an order the City Council issued pursuant to these Regulations. Each violation so found, is not to exceed the amount(s) set forth for the commitment of the applicable violation(s) as set forth below. (b) Conscious Violation. A Conscious Violation is any failure, neglect or refusal of the Company to materially comply with any order issued pursuant to these Regulations, under such circumstances as to indicate: (1) A conscious policy of non-compliance with the requirements thereof; or (2) A conscious lack of a policy of compliance with the requirements thereof. A prior finding of a violation under section 31.1.125 or 31.1.130 for substantially the same or similar conduct shall create a rebuttable presumption of conscious action or inaction on the party of the Company. For each such violation, the Council may impose a monetary sanction in an amount not to exceed Fifty Thousand Dollars ($50,000) and in additional like sum for each month or portion thereof during which the Company shall fail, neglect or refuse to rectify said violation beginning thirty (30) days after written notice thereof from the Council to the Company. (3) The maximum amount specified above shall be doubled for the second violation under that section for substantially the same or similar conduct occurring within any given twenty-four (24) month period and shall be quintupled for the third violation under that section for substantially the same or similar conduct within any given twenty-four (24) month period. (c) Inadvertent Subscriber Violation. An Inadvertent Subscriber Violation is any failure, neglect or refusal of the Company to comply with the requirements of an Order issued under these Regulations as to its obligations hereunder in relation to one or more subscribers, including but not limited to refunding or crediting monies to subscribers pursuant to section 31.1.120 hereof and/or 47 CFR S76.942(d)(I) or (2), under such circumstances as do not to indicate a pattern of behavior by the Company in derogation of the referenced requirement. For each such violation, the Council may impose a monetary sanction: Department Responsible for Revision: City Manager 2006 Chapter 2.3 Page 6 36