A. A license may be revoked by the city on the recommendation of the city manager and with the approval of the council, for failure to construct, operate, or maintain the cable system as required by this chapter or the license agreement, or for some other material breach of this chapter or the license agreement. If the city has issued a license specifically conditioned upon the completion of construction or other specific obligations by a specified date under subsection 5A-9C of this chapter, failure of the licensee to complete construction or comply with other specific obligations as required will result in the automatic forfeiture of the license without further action by the city. However, the city, at its discretion and for good cause shown by the licensee, may grant an extension of time. The city must give a licensee written notice that it is in material breach of this chapter or the license agreement. If the licensee does not correct the breach within thirty (30) days of the notice, or corrective action is not being actively and expeditiously pursued, the city may give written notice to the licensee of its intent to revoke the license. The city must give the licensee written notice of the basis for a revocation, stating its reasons.
B. The council must hold a public hearing, and then determine by written resolution whether or not to revoke the license based the recommendations of the city manager, information presented at the public hearing, and other evidence in the record. The resolution must include reasons for the council's decision.
C. The city may revoke any license one hundred twenty (120) days after an assignment for the benefit of creditors or the appointment of a receiver or trustee to take over the business of the licensee, whether in a receivership, reorganization, bankruptcy assignment for the benefit of creditors, or other action or proceeding. The city must hold a public hearing before revoking a license under this subsection. The city may not revoke a license under this subsection if, during the one hundred twenty (120) day period:
1. The assignment, receivership, or trusteeship is vacated; or
2. The assignee, receiver, or trustee has fully complied with the terms and conditions of this chapter and the license agreement and has executed an agreement, approved by the court having jurisdiction, assuming and agreeing to be bound by the terms, and conditions of the license.
D. The city may revoke the license if there is a foreclosure or other judicial sale of any of the facilities, equipment or property of a licensee, by serving notice on the licensee and the successful bidder at the sale. The license and all rights and privileges of the license will be revoked thirty (30) days after the city serves notice under this subsection unless:
1. The city has approved a transfer of the license; and by the terms and conditions of the license.
2. The successful bidder has agreed with the city to assume and be bound by the terms and conditions of the license.
E. If the city revokes a license, or if for any other reason a licensee abandons, terminates, or fails to operate or maintain service to its subscribers, the city may:
1. Require the former licensee to remove its facilities and equipment at the licensee's or surety's expense, or at the expense of both, after determining that the cable system cannot be economically maintained and operated.
2. Acquire ownership of the cable system at an equitable market price on the recommendation of the city manager and with the approval of the council.
3. After a public hearing, sell, assign, or transfer all or part of the assets of a cable system abandoned by a licensee for the best price offer obtainable. However, the legal, character, financial, technical, and other qualifications of the purchaser must meet city approval. The city must pay any consideration received in excess of the city's costs, and after other creditors and subscriber claims have been satisfied, to the original licensee. (Ord. 05-589, 5-23-2005)