§ 93.26. REVOCATION.

(a)

The City may revoke and rescind all rights and privileges associated with a franchise in the following circumstances, each of which represents a material breach of this franchise:

(1)

If franchisee fails to perform any material obligation under this Chapter or in a franchise agreement between under the City and franchisee;

(2)

If franchisee willfully fails for more than forty-eight (48) hours to provide continuous and uninterrupted cable service;

(3)

If franchisee practices any fraud or deceit upon the City or subscribers; or

(4)

If franchisee willfully makes a material misrepresentation of fact in the application for or negotiation of a franchise, a renewal or a transfer.

(b)

Prior to forfeiture or termination of the franchise, the City shall give written notice by certified mail to the franchisee of its intent to revoke the franchise. The notice shall set forth the exact nature of the noncompliance. If within thirty (30) days following receipt of such written notice from the City to the franchisee, the franchisee has not cured such violation or breach, or has not entered into a written agreement with the City on a program to cure the violation, or has not demonstrated that the violation is incurable, or has filed a written response to the City demonstrating that no violation has occurred, the City may then seek a termination of the franchise by the City Commission in accordance with this Subsection.

(c)

Any proceeding under the Subsection above shall be conducted by the City Commission and open to the public. Franchisee shall be afforded at least thirty (30) days prior written notice of such proceeding.

(1)

At such proceeding, franchisee shall be provided a fair opportunity for full participation, including the right to be represented by legal counsel, to introduce evidence, and to question witnesses. A complete verbatim record and transcript shall be made of such proceeding and the cost shall be shared equally between the parties. The City Commission shall hear any persons interested in the revocation, and shall allow franchisee an opportunity to State its position on the matter.

(2)

Within ninety (90) days after the hearing, the City Commission shall determine whether to revoke the franchise and declare that the franchise is revoked and the security fund forfeited; or if the breach at issue is capable of being cured by franchisee, direct franchisee to take appropriate remedial action within the time and in the manner and on the terms and conditions that the City Commission determines are reasonable under the circumstances. If the City determines that the franchise is to be revoked, the City shall set forth the reasons for such a decision and shall transmit a copy of the decision to the franchisee. Franchisee shall be bound by the City's decision to revoke the franchise unless it appeals the decision to a court of competent jurisdiction within one hundred twenty (120) days of the date of the decision.

(3)

Franchisee shall be entitled to such relief as the court may deem appropriate.

(4)

The City Commission may at its sole discretion take any lawful action which it deems appropriate to enforce the City's rights under the franchise in lieu of revocation of the franchise.

(d)

If the City revokes a franchise, or if, for any other reason, a franchisee abandons the cable system, terminates or fails to operate or maintain service to its subscribers for a period of thirty (30) days, the following procedures and rights are effective:

(1)

The City may require the former franchisee to remove its facilities and equipment at the former franchisee's expense. If the former franchisee fails to do so within a reasonable period of time, the City may have the removal done at the former franchisee's and/or surety's expense.

(2)

The City, by resolution of the City Commission, may acquire ownership, or effect a transfer of the cable system, in accordance with Section 627 of the Communications Act.

(3)

If a cable system is abandoned by a franchisee, the City may sell, assign or transfer all or part of the assets of the system.

(e)

Where the City has issued a franchise specifically conditioned in the franchise agreement upon the completion of construction, system upgrade or other specific obligation by a specified date, failure of the franchisee to complete such construction or upgrade, or to comply with such other specific obligations as required may result in revocation of the franchise, unless the City, at its discretion and for good cause demonstrated by the franchisee, grants an extension of time.

(f)

No adverse action against a franchisee may be taken by the City pursuant to this section except as consistent with the procedures set forth in this section or as otherwise provided by applicable law, including a noticed public hearing at which the franchisee is given an opportunity to participate.

(Ord. No. 10-05, § 1, passed 3/1/05)