§ 1-10-164. Effect of a "technical" violation of article or franchise, franchise resolution, or franchise agreement.

Notwithstanding any other provisions contained within this article, a franchised cable operator shall not be subject to penalties, fines, forfeitures, or (where applicable) revocation, termination, or cancellation of a franchise for a so-called "technical" violation of this article or (where applicable) a "technical" breach of a franchise, franchise resolution, or franchise agreement. For purposes of this article, "technical" violations or breaches include the following:

(1)

Instances or matters where a violation of this article or (where applicable) a violation of a franchise, franchise resolution, or franchise agreement by a franchised cable operator was a good faith error that resulted in no or minimal negative impact on the customers within the county; and

(2)

Instances or circumstances that existed and were reasonably beyond the control of a franchised cable operator, and that resulted in a violation of this article or (where applicable) a violation of a franchise, franchise resolution, or franchise agreement, or prevented a franchised cable operator from complying with this article or (where applicable) from complying with a franchise, franchise resolution, or franchise agreement.

(Ord. No. 97-023, § 1, 4-22-97)