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ORD-2003-112 First Reading - Ordinance Granting Franchise to Time Warner Entertainment/Advance-Newhouse Partnership, to Own, Operate and Maintain Cable System in Unincorporated Orange County
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ORD-2003-112 First Reading - Ordinance Granting Franchise to Time Warner Entertainment/Advance-Newhouse Partnership, to Own, Operate and Maintain Cable System in Unincorporated Orange County
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Last modified
4/29/2013 12:46:04 PM
Creation date
8/8/2011 3:59:19 PM
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BOCC
Date
10/1/2003
Meeting Type
Regular Meeting
Document Type
Ordinance
Agenda Item
9a
Document Relationships
Agenda - 10-01-2003-7a
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\Board of County Commissioners\BOCC Agendas\2000's\2003\Agenda - 10-01-2003
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24 <br />C. For failure to submit reports, records and provide documents or information: five <br />hundred dollars ($500.00) for each offense. A separate and distinct offense shall <br />be deemed committed each calendar day on which a violation occurs or continues; <br />D. For failure to comply with material requirements of the Customer Service <br />Standards: five hundred dollars ($500.00) for each offense. A separate and <br />distinct offense shall be deemed committed each calendar day on which a <br />violation occurs or continues; <br />E. For failure to comply with transfer provisions: five hundred dollars ($500.00) for <br />each calendar day from the date of any unlawful transfer; and <br />F. For failure to comply with any provision herein for which a penalty is not <br />otherwise specifically provided: five hundred dollars ($500.00) for each offense. <br />A separate and distinct offense shall be deemed committed each calendar day on <br />which a violation occurs or continues. <br />G. Penalties will commence to accumulate only for days of non - compliance that <br />occur after the final date set by the Grantor for achieving compliance. Such date <br />shall be set at a public hearing of which the Grantee is given at least ten (10) days <br />notice and at which it has an opportunity to be heard. No penalties will be <br />assessed for a violation period that has existed prior to the expiration of the period <br />set by the Grantor herein for correcting the defect. <br />H. Consistent with Section 17, the Grantor shall stay or waive the imposition of any <br />penalties set forth herein upon a finding that any failure or delay is the result of an <br />act of God or due to circumstances beyond the reasonable control of the Grantee. <br />Section 27. Remedies — Cumulative <br />All remedies provided under this Franchise shall be cumulative, unless otherwise <br />expressly stated. The exercise of one remedy shall not foreclose use of another, nor shall <br />it relieve the Grantee of its obligations to comply with the Franchise. Remedies may be <br />used singly or in combination; in addition, the Grantor may exercise any rights it has <br />under applicable law. <br />Section 28. Books and Records _ Inspection <br />A. The Grantor may inspect the books, records, maps, plans, and other documents, <br />including financial documents, in the control or possession of the Grantee, <br />affiliates, or any person that constitutes an operator of the Grantee's Cable <br />System: (1) to enforce the Grantor's rights or evaluate compliance with the <br />Franchise and applicable law or (2) in the exercise of any lawful regulatory <br />power, or (3) as may be convenient in connection with any proceeding the <br />Grantor may or must conduct under applicable law in accordance with the terms <br />of this Franchise. The material may be duplicated at the Grantor's facilities unless <br />8/22/2003 <br />
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