(A) Grounds for revocation. The town 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 ordinance and the franchise grant:
(1) If the grantee shall default in the performance of any of the material obligations under this chapter or under the documents, contracts and other terms and provisions entered into by and between the town and the grantee, including timely payment of any 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 town 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 town;
(6) The grantee becomes insolvent, unable or unwilling to pay its debts 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 town;
(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 for any reason that is within the control of the grantee over the system.
(B) Effect of circumstances beyond control of grantee. 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 and which there are no reasonable measures available to the grantee to provide the performance. 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) Court order. Grantor and grantee will abide by the terms of any stay order issued by a court of competent jurisdiction.
(D) Procedure prior to revocation.
(1) The town shall make a 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 town shall place its request for termination of the franchise upon a regular Council meeting agenda. The town shall cause to be mailed by certified mail to the grantee at least 10 days prior to the date of the Council 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 the meeting shall be published by the Town Clerk at least once, 10 days before the meeting in a newspaper of general circulation within the town.
(2) The Council 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 failure, refusal or neglect by the grantee was with just cause, as reasonably defined by the town, the Council shall direct the grantee to comply within the time and manner and upon the terms and conditions as are reasonable.
(4) If the Council shall determine the failure, refusal or neglect by the grantee was without just cause, then the Council 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 town 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) Disposition of facilities. In the event a franchise is revoked or otherwise terminated, the town 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.
(2) Effect a transfer of the system to another person.
(3) Order the removal of the system facilities from the town within a reasonable period of time as determined by the town or require the original grantee to maintain and operate its system for a period of 6 months or until the further time as is mutually agreed upon.
(F) Restoration of property. 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 town 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) Restoration by town; reimbursement of costs. In the event of a failure by the grantee to complete any restoration work required by the town within the time as may be established by the town and to the satisfaction of the town, the town may, following reasonable notice to the grantee, cause the work to be done and the grantee shall reimburse the town the cost thereof within 30 days after receipt of an itemized list of the cost, or the town may at its option recover the costs through the performance bond provided by grantee. The town shall be permitted to seek legal and equitable relief to enforce the provisions of this section.
(H) Extended operation. Upon either the denial of renewal or revocation of a franchise, the town may require the grantee to continue to operate the system for a period of 6 months from the date of the denial or revocation, or until the time beyond 6 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. The town shall be permitted to seek legal and equitable relief to enforce the provisions of this section.