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SAN LEANDRO ADMIN i� 1 NATIVE CODE <br />TITLE 3-12 CABLE TELEVISION CITYMANAGER <br />Chapter 13 Basic Cable Television Service Tier -Rate Regulations <br />(1) In an amount not to exceed One Hundred Dollars ($100) for each such subscriber <br />and Five Thousand Dollars ($5,000) in accumulation of the violations as to all <br />such subscribers resulting from any substantially continuous behavior, act or <br />omission; and <br />(2) In an additional like sum for each month or portion thereof during which the <br />Company shall fail, neglect or refuse to rectify said violation beginning thirty (30) <br />days after written notice thereof from the Council to the Company. <br />(d) Inadvertent Company Violation. An Inadvertent Company Violation is any failure, <br />neglect or refusal of the Company to materially comply with the requirements of an <br />Order issued under these Regulations with respect to the Company in relation to the <br />Council. For each such violation, the Council may impose a monetary sanction in an <br />amount not to exceed Five Thousand Dollars ($5,000) and in an additional like sum for <br />each month or portion thereof during which the Company shall fail, neglect or refuse to <br />rectify said violation beginning thirty (30) days after written notice thereof from the <br />Council to the Company. <br />(e) Alternative Remedies. Neither monetary sanctions imposed hereunder nor any order <br />issued by the Council related hereto shall be deemed to bar or otherwise limit the right of <br />the Council to obtain judicial enforcement of the Company's obligations by means of <br />specific performance, injunctive relief, mandate or other remedies at law or in equity, <br />other than monetary damages. <br />(f) Temporary Stay of Remedies. Application of the remedies provided herein shall be <br />stayed for the period of time during which any order of the Council pursuant to these <br />regulations is under appeal by the Company to the FCC, pursuant to 47 CFR §76.944. <br />Editor's Note: <br />Former Title 31, Chapter I was editorially renumbered to be Title 2, Chapter 3 during the 2005-06 republication. <br />Le-aislative History: <br />Resolution No. 94-165, 0811511994: Resolution No. 2006- <br />Department Responsible for Revision: City Manager Chapter 2.3 <br />2006 Page 7 <br />