Notice to Comply.

A. 

Unless otherwise stated in this Ordinance or in the Franchise Agreement, the Grantee shall comply with the terms and conditions of the Ordinance or Franchise Agreement, upon notification by the Franchising Authority or upon Grantee's discovery:

(1) 

For technical, repair, maintenance or other servicing of field or Headend equipment provisions, within two (2) calendar days;

(2) 

For customer service, consumer protection and related violations, within three (3) calendar days;

(3) 

For document filing and reports, within seven (7) calendar days;

(4) 

For construction provisions, within ten (10) calendar days;

(5) 

For other provisions not stated in this Section, a reasonable time period, as determined by the Franchising Authority, not to exceed forty-five (45) calendar days.

B. 

The Grantee shall designate a person within its management structure who shall have the authority to receive and respond to notifications sent by the Franchising Authority of Franchise violations, Subscriber complaints or other concerns relating to the Franchise.

C. 

In such cases where the Franchising Authority corresponds, in writing, its belief of a Franchise violation, its receipt of Subscriber complaints or other concerns related to the Franchise, the Franchising Authority shall indicate any action that it believes is in violation of the Franchise, shall state the applicable Ordinance and Franchise Agreement sections, shall set forth a period for compliance and notify any action to be taken, if the Grantee does not comply, including applicable penalties.

(1) 

Upon notification of a Franchise violation by the Franchising Authority, the Grantee may immediately comply with the request of the Franchising Authority;

(2) 

Seek an alternative remedy which will achieve compliance that the Franchising Authority finds allowable; or,

(3) 

Grantee may appeal the violation to the Common Council at a regularly scheduled Common Council meeting.

D. 

Subject to the provisions of this Ordinance, a Grantee shall not be relieved of its obligations to comply with any of the rules, regulations, requirements or directives, as stated within this Ordinance or the Franchise Agreement, by reason of any failure of the City or its officers, agents or employees to enforce prompt compliance, nor shall such be considered a waiver thereof.