(A) Grounds for revocation. The county 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 shall represent a default and breach under this chapter and the franchise grant:
(1) If the grantee shall default in the performance of any of the material obligations under this chapter or under such documents, contracts, and other terms and provisions entered into by and between the county and the grantee.
(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 county or cable subscribers under the laws of this 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 county.
(6) The grantee becomes insolvent or unable or unwilling to pay its debts or is adjudged bankrupt.
(7) Failure to restore service after 96 consecutive hours of interrupted service, except when written approval of such interruption is obtained from the county.
(8) Material misrepresentation of fact in the application for or negotiation of the franchise or any extension or renewal thereof.
(9) If the grantee ceases to provide services for any reason that is within the control of the grantee over the cable communications system.
(10) Failure by grantee to obtain, maintain at all times, and fully comply with a pole use agreement or other appropriate agreement with appropriate agencies and/or any other necessary parties for usage of poles or other appropriate facilities necessary to the satisfactory operation of the cable television 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 such provision is prevented for reasons beyond the grantee's control. 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 county shall make written demand that the grantee comply with any such 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 such written demands, the county shall place its request for termination of the franchise upon a regular Commission meeting agenda. The county shall cause to be served upon such grantee at least ten days prior to the date of such Commission meeting, a written notice of this intent to request such termination and the reason therefor, and the time and place of the meeting, notice of which shall be published by the Clerk to the Board of Commissioners at least once, ten days before such meeting in a newspaper of general circulation within the county.
(2) The Commission 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 such failure, refusal, or neglect by the grantee was with just cause, as reasonably defined by the county, the Commission shall direct the grantee to comply within such time and manner and upon such terms and conditions as are reasonable.
(4) If the Commission shall determine such failure, refusal, or neglect by the grantee was without just cause, then the Commission shall, by resolution, declare that the franchise of the grantee shall be terminated and bond forfeited unless there be compliance by the grantee within 90 days.
(5) Evidence admitted shall be in any reliable form so long as it is relevant, material, and not unduly repetitious.
(E) Disposition of facilities. In the event a franchise is revoked or otherwise terminated, the county may, in its sole discretion, do any of the following:
(1) Purchase the system under the procedures set forth in § 110.035 of this chapter.
(2) Effect a transfer of ownership of the system to another party.
(3) Order the removal of the system facilities required by public necessity from the county within a reasonable period of time as determined by the county or require the original grantee to maintain and operate its system for a period of six months or until such further time as is mutually agreed upon.
(F) Restoration of property. In removing its plant, structures, and equipment, 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 equipment and appliances without affecting the electrical telephone cable, wires, or attachments. The owners shall inspect and approve the condition of the public ways and public places 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 grantee has fully complied with the terms and conditions of this division, this chapter, and the franchise.
(G) Restoration by county; reimbursement of costs. In the event of a failure by the grantee to complete any work required by the county by resolution, law, or ordinance within the time as may be established by the county and to the satisfaction of the county, the county may cause such work to be done and the grantee shall reimburse the county the cost thereof within 30 days after receipt of an itemized list of such costs, or the county may at its option recover such costs through the performance bond provided by grantee. The county shall be permitted to seek legal and equitable relief to enforce the provisions of this section.
(H) Extended operation. Upon either the expiration or revocation of a franchise, the county may require the grantee to continue to operate the system for a period of six months from the date of such expiration or revocation, or until such time beyond six months as is mutually agreed upon. The grantee shall, as trustee for its successor in interest, continue to operate the cable communications system under the terms and conditions of this chapter and the franchise and provide the regular subscriber service and any and all of the services that may be provided at the time. The county shall be permitted to seek legal and equitable relief to enforce the provisions of this section.
(Ord. passed 12-2-96)