(A) In addition to all other rights and powers retained by the Council under this chapter or otherwise, the Council shall have the right to revoke the license and all rights and privileges of the licensee thereunder upon a recurring or protracted substantial breach of the license terms and conditions, or this chapter, which substantially affects the provision or quality of cable services, the ability of the town to effectively regulate the licensee, or the town's collection of all fees and charges. The power of revocation shall not be used if the breach is a result of force majeure. The breaches appearing on the list set forth below in this section shall be considered substantial breaches. The list is not exhaustive:
(1) Failure to complete system construction or reconstruction in accordance with a license;
(2) Failure to provide cable service within the time(s) specified for line extensions;
(3) Each failure to properly restore streets or to correct related violations of specifications, code, ordinance or standards;
(4) Each failure to comply with subscriber service standards;
(5) Failure to comply with operational, maintenance or technical standards;
(6) Failure to provide on a continuing basis the broad categories of programming specified in a license;
(7) Failure to provide the access channel requirements specified in a license;
(8) An unauthorized partial or total transfer of a license;
(9) Failure to commence construction as required in a license;
(10) Failure to cure any other violation of a license after notice and opportunity to cure;
(11) Any other material action or non-action of a licensee regarding a requirement of a license.
(B) Before proceeding with a revocation hearing, the manager shall make a written demand that the licensee comply. If a violation by the licensee continues for a period beyond that set forth in the written demand without written proof that the corrective action has been taken or is being actively and expeditiously pursued, the manager may hold an administrative hearing in accordance with § 114.52 Administrative Hearing or may recommend that the Council act directly. The Council may revoke the license as provided in this section.
(Ord. 16-825, passed 9-13-2016)