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was provided to the Holder. Within ten (10) business days of the receipt of the notice of appeal, the City Manager shall receive and consider relevant evidence presented by the Holder in support of the appeal and by the City in support of the penalty assessments, and issue a written decision whether to uphold, modify, or vacate the penalty. A Holder may obtain review of the City Manager's final decision by filing a petition for review with the Superior Court of Alameda County within twenty (20) days after service of the final decision in accordance with public Utilities Code §5900(h) and Government Code §53069.4. E. Unless vacated by the City Manager or stayed by a Court of competent jurisdiction, a Holder shall remit the penalty to the City within forty -five (45) days of the date the notice of penalty assessment was delivered to the Holder. Failure to remit the penalty as required by this subsection and Public Utilities Code §5900(g) shall constitute a Material Breach. The City shall submit one -half of the penalty to the Digital Divide Account as required by Public Utilities Code §5900(g). Section 6.54.080 Emergency alert system. Each Holder shall comply with the emergency alert system requirements of the Federal Communications Commission in order that emergency messages may be distributed over the Holder's network consistent with Public Utilities Code §5880. /1