§ 138-15. Effect of technical violation of chapter or franchise agreement.

Notwithstanding the provisions contained in Section 15 of this chapter, an MCS provider shall not be subject to penalties, fines, forfeitures or (where applicable) revocation of a franchise, other agreement, license or permit for a so-called "technical" violation of this chapter or (where applicable) a "technical" breach of a franchise, other agreement, license or permit. For purposes of this chapter, "technical" violations or breaches include the following:

A. 

Instances, or in matters, where a violation of this chapter or, where applicable, a franchise, other agreement, license or permit by an MCS provider was a good faith error that resulted in no or de minimus negative impact on the residents or subscribers within the Town or on the Town, itself; or

B. 

Instances or circumstances that existed and were reasonably beyond the control of an MCS provider, including force majeure situations, and prevented an MCS provider from complying with this chapter, or where applicable the franchise, other agreement, license or permit.