A. A franchise may be revoked by the city council whenever a grantee shall refuse, neglect or willfully fail to: 1) construct, operate or maintain its cable systems; 2) provide cable service to its subscribers in reasonable accordance with the terms of this chapter and the franchise; 3) comply with the conditions of occupancy of any public ways; 4) make required extensions of service; 5) substantially comply with the terms and conditions of this chapter, the franchise, or any applicable rule or regulation; 6) maintain its eligibility to do business with the City under Article I of Chapter 1-23 of this Code; or 7) pay franchise fees when due. A franchise may also be revoked by the city council whenever a grantee: 1) practices any fraud or deceit upon the city or its subscribers; 2) becomes insolvent, or unable or unwilling to pay its uncontested debts; 3) adjudged bankrupt, or seeks relief under the bankruptcy laws.
B. In the event the mayor or the cable administrator believes that grounds for revocation exist or have existed, the mayor or the cable administrator shall notify a grantee, in writing, setting forth the nature and facts of such noncompliance. If, within 30 days following such written notification, the grantee has not furnished reasonably satisfactory evidence that corrective action has been taken or is being actively and expeditiously pursued, or that the alleged violations did not occur, or that the alleged violations were beyond the grantee's control, the mayor or the cable administrator shall thereupon refer the matter to the council.
C. Upon referral from the mayor or the cable administrator or by its own motion, the council may revoke a franchise pursuant to subsection A of this section. Provided, however, that if grounds for revocation exist under Article I of Chapter 1-23 of this Code, the recommendation of the mayor or the cable administrator shall be required for the city council to take action on such grounds as required by Section 1-23-040.
D. The council shall not revoke a franchise pursuant to subsection C of this section, until it has given notice to the grantee that it proposes to take such an action and the grounds therefor. Further, the council shall not revoke a franchise until the grantee, or its representative, has had reasonable opportunity to be heard before the council and show that the proposed grounds for revocation did not or do not exist, as the case may be.
E. A grantee shall not be subject to the sanctions of this section for any act or omission wherein such act or omission was beyond the grantee's control. An act or omission shall not be deemed to be beyond a grantee's control if committed, omitted, or caused by a corporation or other business entity which holds a controlling interest in the grantee, whether held directly or indirectly. Further, the inability of a grantee to obtain financing for whatever reason shall not be an act or omission which is "beyond the grantee's control".
F. Upon revocation of a franchise the grantee shall be obligated to cease using the cable system for the purposes authorized by the franchise. The city may either take temporary possession of some or all of the grantee's facilities in the public ways, effect the transfer of ownership of the cable system to the city or another person subject to and in accordance with federal law, or require the grantee to remove some or all of the grantee's facilities from the public ways and restore the public ways to the condition required by applicable provisions of the city code and city regulations. Should the grantee neglect, refuse, or fail to remove such facility, the city may remove the facility at the expense of the grantee. The obligation of the grantee to remove shall survive the termination of the franchise for a period of two years; provided, that this provision does not permit the city to take possession of, or require the grantee to remove, any facilities that are used to provide another service for which the grantee holds a valid franchise issued by the city or for which grantee is otherwise authorized by existing law to provide in the city.
G. The termination of a grantee's rights under a franchise shall in no way affect any other rights the city may have under the franchise or under any provision of law.
(Prior code § 113.1-11; Amend Coun. J. 12-9-92, p. 25465; Amend Coun. J. 6-30-10, p. 95061, § 5; Amend Coun. J. 9-8-10, p. 99116, § 5; Amend Coun. J. 4-24-12, p. 23998, § 1)