(A) In addition to all other rights and powers retained by the Cable Board under the franchise or otherwise, the Board reserves the right to forfeit and terminate the franchise and all rights and privileges of the company hereunder in the event of a substantial breach of its terms and conditions. A substantial breach by the company shall include, but shall not be limited to the following:
(1) Violation of any material provision of the franchise or any material rule, order, regulation or determination of the Cable Board made pursuant to the franchise;
(2) Attempt to evade any material provision of the franchise or practice any fraud or deceit upon the county or its subscribers or customers;
(3) Failure to begin or complete system construction or system extension as provided under § 111.31;
(4) Failure to provide the services promised in the company's application as incorporated herein by § 111.04;
(5) Failure to restore services after 96 consecutive hours of interrupted service, except when approval of such interruption is obtained from the Cable Board; or
(6) Material misrepresentation of fact in the application for or negotiation of the franchise.
(B) The foregoing shall not constitute a major breach if the violation occurs but it is without fault of the company or occurs as a result of circumstances beyond its control. The company shall not be excused by mere economic hardship nor by misfeasance or malfeasance of its directors, officers or employees.
(C) The Cable Board may make a written demand that the company comply with any such provision, rule, order, or determination under or pursuant to the franchise. If the violation by the company continues for a period of 30 days following such written demand without written proof that the corrective action has been taken or is being actively and expeditiously pursued, the county may place the issue of termination of the franchise before the Cable Board. The Board shall cause to be served upon the company at least 20 days prior to the date the Board considers the issue of termination, a written notice of intent to request such termination and the time and place of the meeting. Public notice shall be given of the meeting and issue which the Board is to consider.
(D) The Cable Board shall hear and consider the issue and shall hear any person interested therein, and shall determine in its discretion whether or not any violation by the company has occurred.
(E) If the Cable Board shall determine the violation by the company was the fault of the company and within its control, the Board may, by resolution, declare that the franchise of the company shall be forfeited and terminated unless there is compliance within such period as the Cable Board may fix, such period not to be less than 60 days, provided no opportunity for compliance need be granted for fraud or misrepresentation.
(F) The issue of forfeiture and termination shall automatically be placed upon the Board agenda at the expiration of the time set by it for compliance. The Board then may terminate the franchise forthwith upon finding that the company has failed to achieve compliance or may further extend the period, in its discretion.
(Ord. 450.1, passed 12-4-80)