§440G-9 - Complaints; violations; revocation, alteration, or suspension of cable franchise; penalties.
§440G-9 Complaints; violations; revocation,
alteration, or suspension of cable franchise; penalties. (a) Subscriber
complaints regarding the operation of a cable system may be made orally or in
writing to the director. The director shall resolve complaints informally when
possible.
(b) Any cable franchise issued hereunder after
hearing in accordance with chapter 91 may be revoked, altered, or suspended by
the director as the director deems necessary on any of the following grounds:
(1) For making material false or misleading
statements in, or for material omissions from, any application or proposal or
other filing made with department;
(2) For failure to maintain signal quality under the
standards prescribed by the director;
(3) For any sale, lease, assignment, or other
transfer of its cable franchise without consent of the director;
(4) Except when commercially impracticable, for
unreasonable delay in construction or operation or for unreasonable withholding
of the extension of cable service to any person in a service area;
(5) For violation of the terms of its cable
franchise;
(6) For failure to comply with this chapter or any
rules or orders prescribed by the director;
(7) For violation of its filed schedule of terms and
conditions of service; and
(8) For engaging in any unfair or deceptive act or
practice as prohibited by section 480-2.
(c) In lieu of or in addition to the relief
provided by subsection (b), the director may fine a cable operator, for each
violation of subsection (b)(1) through (8), an amount not less than $50 nor
more than $25,000 for each violation. Each day's continuance of a violation
may be treated as a separate violation pursuant to rules adopted by the
director. Any penalty assessed under this section shall be in addition to any
other costs, expenses, or payments for which the cable operator is responsible
under other provisions of this chapter. [L 1970, c 112, pt of §1; gen ch 1985;
am L 1987, c 301, §10]