(A) Violations or other occurrences giving rise to enforcement action.
(1) In order to take enforcement action pursuant to this cable chapter or a franchise, the city must provide the grantee with written notice of the violation or other occurrence giving rise to the city’s action.
(2) The grantee shall have 30 days subsequent to receipt of the notice to cure the violation or occurrence giving rise to the city’s action. Alternatively, the grantee may, within 14 days of receipt of notice from the city, notify the city in writing that there is a dispute as to whether a violation or failure has in fact occurred. Such written notice by the grantee to the city shall specify with particularity the matters disputed by grantee and shall toll the running of the timeframes and the accrual of penalties hereunder until completion of the process and issuance of a decision under divisions (A)(3) through (A)(5) below.
(3) In the event a grantee does not timely cure to the city’s satisfaction the violation or other occurrence giving rise to the city’s action, or timely disputes whether a violation has occurred, the city will schedule a public hearing affording grantee due process. The city will endeavor to schedule the hearing for a date within 90 days of the initial violation notice. Notice of the hearing must be provided to the grantee.
(4) At the completion of the hearing, the city will issue written findings of fact and its final determination.
(5) In the event city determines that no violation has taken place, the city will rescind the notice of violation in writing.
(B) Franchise revocation.
(1) In addition to all other rights and remedies that the city possesses pursuant to law, equity and the terms of the franchise agreement, the city may revoke or terminate the franchise, and all rights and privileges pertaining thereto, in accordance with division (A) above if the city determines that:
(a) The grantee has violated any material requirement or provision of the cable chapter or a franchise and has failed to timely cure;
(b) The grantee has attempted to evade any of the material provisions of the cable chapter or a franchise;
(c) The grantee has practiced fraud or deceit upon the city or a subscriber; or
(d) The grantee has filed for bankruptcy.
(2) During any revocation proceeding and any appeal period, the franchise will remain in full force and effect unless the term thereof sooner expires.
(C) Compliance with federal, state, and local laws. The city and grantee will conform to federal and state laws and rules regarding cable service or the system as they become effective.
(D) Equal protection.
(1) The city acknowledges that under M.S. § 238.08, subd. 1(b), as it may be amended from time to time, it may only grant additional franchises to provide cable service within the city on terms and conditions no more favorable or less burdensome than those in any then-current franchise which pertain to:
(a) The area served;
(b) Public, educational, or governmental access requirements; or
(c) Franchise fees.
(2) Additionally, and beyond the requirements of M.S. § 238.08, as it may be amended from time to time, any additional franchises to provide cable service within the city shall not be granted on more favorable or less burdensome conditions than those in any then-current franchise issued pursuant to this cable chapter with regard to ROW access and responsibilities, complimentary service to public buildings, penalties, and security, sale, or transfer of ownership.
(a) If any other provider of cable services is lawfully authorized by the city to provide such services using facilities located wholly or partly in the rights-of-way of the city (“additional provider(s)”), the city shall, within 30 days of a written request from a current franchise holder, use best efforts to modify the current franchise holder’s franchise on a mutually acceptable basis to ensure that the obligations imposed by this section have been met.
(b) If the city fails to comply with this section or the parties fail to reach agreement under division (D)(2)(a) above, a current franchise holder shall have the right to initiate an action in the state or federal district court for breach of contract or other appropriate claims and seek any and all appropriate relief, including specific performance.
(c) Nothing in this chapter shall impair the right of the city or a current franchise holder to seek other remedies available under law.
(d) In the event city initiates the franchising process pursuant to M.S. § 238.081, as it may be amended from time to time, the city shall notify all current franchise holders in writing of its intent to initiate the franchising process prior to doing so.
(e) A current franchise holder shall have the right to operate its cable system in accordance with applicable state or federal law, as may be amended from time to time.
(Ord. 711, passed 2-11-2019)