(A) Prior to revocation or termination of the franchise, the grantor shall give written notice to the grantee of its intent to revoke the franchise on the basis of a pattern of non-compliance by the grantee, including one or more instances of substantial non-compliance with a material provision of the franchise. The notice shall set forth the exact nature of the non-compliance. The grantee shall have 60 days from such notice to either object in writing and to state its reasons for such objection and provide any explanation or to cure the alleged non-compliance. If grantee has not cured the breach within such 60-day time period or if the grantor has not otherwise received a satisfactory response from grantee, the grantor may then seek to revoke the franchise at a public hearing. The grantee shall be given at least 30 days’ prior written notice of such public hearing, specifying the time and place of such hearing and stating its intent to revoke the franchise.
(B) At the hearing, the grantor shall give the grantee an opportunity to state its position on the matter, present evidence and question witnesses, after which it shall determine whether or not the franchise shall be revoked. The public hearing shall be on the record and a written transcript and a certified copy of the findings shall be made available to the grantee within ten business days. The grantee may appeal such determination to an appropriate court, which shall have the power to review the decision of the grantor de novo.
(C) Upon revocation of the franchise, grantee may remove the cable system from the streets of the grantor, or abandon the cable system in place.
(Prior Code, § 13.04.080) (Ord. 2019-11, passed 9-16-2019)