HomeMy WebLinkAboutResolution 2391A Resolution
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Finding Marcus Cable in Non-Compliance with Customer
Service Standards and Collecting Liquidated Damages
for Such Non-Compliance
WHEREAS, the City of Fort Worth ("City') agreed to transfer a cable
television franchise from Sammons of Fort Worth, Inc. to Marcus Cable Associates,
L.P ("Marcus ') pursuant to Ordinance No 12105 and an Acceptance Agreement
attached thereto and dated November 1 1995 and
WHEREAS, the Acceptance Agreement requires Marcus to comply with
customer service rules and regulations established for cable operators by the Federal
Communications Commission and published in Section 76.309 of Chapter 47 of the
Code of Federal Regulations and
WHEREAS, the Acceptance Agreement allows the City to collect
liquidated damages from Marcus in the event that Marcus fails to meet these
customer service rules and regulations ninety percent (90%) of the time during a
given quarter and
WHEREAS, the amount of liquidated damages that the City may collect
from Marcus under the provisions of the Acceptance Agreement are (i) a finding of
non-compliance but no monetary assessment for the first quarter of non-compliance
during the term of the franchise (ii) $5 000 00 m liquidated damages for the second
quarter of non-compliance, and (iii} $10 000 00 to liquidated damages per quarter
for the third and subsequent quarters of non-compliance and
WHEREAS, from facts and figures collected by and provided to the City
and by Marcus s own admission, Marcus failed to comply with customer service
rules and regulations established for cable operators by the Federal Communications
Commission during the Third Quarter 1997 and Fourth Quarter 1997 and
WHEREAS, the City has provided Marcus with timely notices of rts non
compliance for both the Third Quarter 1997 and Fourth Quarter 1997 and has given
Marcus the opportunity to be heard at a meeting of the City Council prior to the
City's taking any action with regard to that non-compliance.
CITY OF FORT WORTH
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS
I.
That the City Council hereby finds that during the Third Quarter 1997
Marcus failed to comply with customer service rules and regulations established for
cable operators by the Federal Communications Commission and published in
Section 76 309 of Chapter 47 of the Code of Federal Regulations, and that the
citizens of Fort Worth were harmed as a result of such non-compliance
II.
That the City Council hereby finds that during the Fourth Quarter 1997
Marcus failed to comply with customer service rules and regulations established for
cable operators by the Federal Communications Commission and published in
Section 76 309 of Chapter 47 of the Code of Federal Regulations, and that the
citizens of Fort Worth were harmed as a result of such non-compliance.
III.
That the City Council hereby assesses Marcus $5 000 00 m liquidated
damages for rts failure to comply with these customer service rules and regulations
during the Fourth Quarter 1997 and directs the City Manager or his designee to
collect such liquidated damages in accordance with the Acceptance Agreement or as
otherwise provided by law
Adopted this ~ day of , 1998
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