(A) The county reserves the right to revoke any franchise granted hereunder and rescind all rights and privileges associated with the franchise in accordance with the Communications Act and with the procedures set forth herein in the following circumstances, each of which represents a default and breach under the chapter and the franchise grant:
(1) If the grantee shall default in the performance of any of the material obligations under this chapter or under documents, contracts and other terms and provisions entered into by and between the county and the grantee, including timely payment of any material amounts owed;
(2) If the grantee shall fail to provide or maintain in full force and effect the liability and indemnification coverage or the performance bond, as required herein;
(3) If the grantee shall violate any orders or rulings of any regulatory body having jurisdiction over the grantee relative to this chapter or the franchise and after notice thereof, shall continue the violation and not remedy the same within 60 days;
(4) If the grantee practices any fraud or engages in any unfair or deceptive act or practice with regard to the county or subscribers under the laws of the state;
(5) The grantee's construction schedule is delayed later than the schedule contained in the franchise or beyond any extended date set by the county;
(6) The grantee becomes insolvent or is adjudged bankrupt;
(7) The grantee fails to restore service after 96 consecutive hours of interrupted service, except when written approval of the interruption is obtained from the county;
(8) The grantee misrepresents a material fact in the application for or negotiation of the franchise or any extension or renewal thereof; and/or
(9) The grantee ceases to provide cable services, as required under the terms of the franchise agreement and this chapter, for any reason that is within the control of the grantee over the system.
(B) The grantee shall not be declared at fault or be subject to any sanction under any provision of this chapter in any case, in which performance of any provision is prevented or delayed due to an act of God for reasons beyond the grantee's control. A fault shall not be deemed to be beyond the grantee's control if committed by a corporation or other business entity in which the grantee holds a controlling interest, whether held directly or indirectly.
(C) The grantor and grantee will abide by the terms of any stay order issued by a court of competent jurisdiction.
(D) (1) The county shall make written demand that the grantee comply with any material requirement, limitation, term condition, rule or regulation or correct any action deemed cause for revocation. If the failure, refusal or neglect of the grantee continues for a period of 30 days following the written demand, the county shall place its request for termination of the franchise upon a regular Board meeting agenda. The county shall cause to be mailed by certified mail to such grantee at least ten days prior to the date of the Board meeting, a written notice of this intent to request the termination and the reason therefor, and the time and place of the meeting, notice of which shall be published by the Clerk to the Board of Commissioners at least once, ten days before the meeting in a newspaper of general circulation within the county.
(2) The Board shall hear any persons interested therein, and shall determine in its discretion, whether or not any failure, refusal or neglect by the grantee was with just cause.
(3) If the failure, refusal or neglect by the grantee was with just cause, as reasonably defined by the county, the Board shall direct the grantee to comply within the time and manner and upon the terms and conditions as are reasonable.
(4) If the Board shall determine the failure, refusal or neglect by the grantee was without just cause, then the Board shall, by resolution, declare that the franchise of the grantee shall be terminated and bond forfeited either conditionally or unconditionally.
(5) If the revocation of the franchise depends upon a finding of fact, the finding of fact shall be made by the county only after an administrative hearing, providing the grantee with a full and fair opportunity to be heard, including without limitations the right to introduce evidence, the right to production of evidence and to question witnesses. A transcript shall be made of the hearings. The grantee shall have the right to appeal any administrative decision to a court of competent jurisdiction.
(E) In the event a franchise is revoked or otherwise terminated, the county may, in its sole discretion, do any of the following:
(1) Purchase the system under the procedures set forth in this chapter, at a fair market price to include going concern, goodwill and franchise value;
(2) Effect a transfer of the system to another person if the transfer would not result in a profit directly or indirectly to the grantor; and/or
(3) Order the removal of the system facilities required by public necessity from the county within a reasonable period of time as determined by the county or require the original grantee to maintain and operate its system for a period of six months or until the further time as is mutually agreed upon.
(F) In removing its system, or part thereof, the grantee shall refill, at its own expense, any excavation that shall be made by it and shall leave all public ways and places in as good a condition or better as that existing prior to the grantee's removal of its system without affecting the electrical or telephone cable, wires or attachments. The county may inspect and approve the condition of the public ways and cables, wires, attachments and poles after removal. The liability, indemnity, insurance and performance bond, as provided herein, shall continue in full force and effect during the period of removal and until the grantee has fully complied with the terms and conditions of this chapter and the franchise.
(G) In the event of a failure by the grantee to complete any restoration work required by the county within the time as may be established by the county and to the satisfaction of the county, the county may, following reasonable notice to the grantee, cause the work to be done and the grantee shall reimburse the county the cost thereof within 30 days after receipt of an itemized list of the cost or the county may, at its option, recover the costs through the performance bond provided by grantee. The county shall be permitted to seek legal and equitable relief to enforce the provisions of this section.
(H) (1) Upon either the denial of renewal or revocation of a franchise, the county may require the grantee to continue to operate the system for a period of six months from the date of the denial or revocation or until the time beyond six months as is mutually agreed upon. The grantee shall, as trustee for its successor in interest, continue to operate the system under the terms and conditions of this chapter and the franchise.
(2) The county shall be permitted to seek legal and equitable relief to enforce the provisions of this section.
(I) Notwithstanding any provision of the contrary contained herein, neither the grantor nor the grantee shall be held liable for or suffer any penalty or detriment for, any failure to comply with any provision of this chapter or a franchise agreement if the failure to comply accrues from any act of God or any other condition not within the reasonable control of the non-complying person; provided, however, this provision shall not apply to grantee's financial obligations hereunder.
(Ord. passed 10-19-98)