(A) In addition to all other rights and powers retained by the Town 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.
(B) The breaches appearing on the list set forth below in this section shall be considered substantial breaches. The list is not exhaustive:
(1) Willful or grossly negligent repeated violations of this chapter, the license, or the representations made in the proposal process, or any rule, order, or regulation of the town made pursuant to this chapter;
(2) An attempt to dispose of any of the facilities or property of the system authorized by the license to prevent the town from acquiring it, as provided for herein;
(3) Attempt to evade any material provision of the license or practice any fraud or deceit upon the town or its subscribers or customers;
(4) Failure to begin or complete cable system construction, reconstruction, or cable system extension as provided under the license;
(5) Failure to provide the types of categories of programming and cable services promised;
(6) Recurrent failures to restore service on the entire or a substantial portion of the cable system after 96 consecutive hours of interrupted service except cable services promised;
(7) Recurrent service outages of the entire cable system or a substantial portion thereof that, in the aggregate, exceed ten days in any 30-day period;
(8) Recurrent failures after notice by the Town Manager to provide service to any part of the licensee service area, consistent with § 113.061; and
(9) Unlawful acts or omissions by licensee or its servants, officials, agents, representatives, or employees, which result in the town’s refusal to award a license to any other person, partnership, corporation, or other legal entity.
(C) (1) Before proceeding with a revocation hearing, the Town Manager shall make a written demand that the licensee comply.
(2) 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 Town Council may revoke the license as provided in this section.
(Ord. 2003-07, passed 9-25-2003)