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(A) The company shall pay to the city, for and in consideration of the right and privilege to conduct cable television operations pursuant to this franchise, an annual fee in a percentage of its gross subscriber revenues (as defined pursuant to the rules of the FCC) which are derived from its cable television operations in the city, the percentage to be determined by the Common Council, with each year's fee due and payable to the City Clerk by January 31 for the preceding calendar year.
(B) In the event of revocation or termination of this franchise, the final annual fee payment shall be prorated from the immediately preceding January 1 to the date of termination of service.
(Ord. G-77-639, passed 1-3-1977; Ord. G-89-204, passed 11-16-1989)
(A) This franchise shall not be assigned, nor shall control of the company be transferred, without the prior approval of the Common Council, which approval shall not be unreasonably withheld.
(B) The company shall not consolidate or merge or enter into any agreement in restriction of competition with any other person, firm or corporation engaged in the transmission of television signals by cable to members of the public within limits of the city, and shall not purchase or otherwise acquire all or any portion of any system or plant within the city of any other person, firm or corporation engaged in the transmission of television signals by cable to members of the public within the limits of the city without the prior consent of the Council, which consent shall not be unreasonably withheld.
(Ord. G-77-639, passed 1-3-1977)
(A) The city may declare a forfeiture of this franchise and revoke the same in the event the company:
(1) Substantially violates any provision of this chapter, where the violation remains uncured for a period of 30 days subsequent to receipt by the company of a written notice of the violation, except where the violation is not the fault of the company or is due to excusable neglect; or
(2) Practices any fraud or deceit upon the city.
(B) The forfeiture shall be declared by an ordinance of the Common Council duly adopted after 20-days' notice to the company, and shall, in no way, affect any of the city's rights under this franchise, may be terminated and cancelled under this section, except for nonpayment of monies due to the city from company, the company shall be provided with an opportunity to be heard at a public hearing before the Council upon ten-days' written notice to the company of the time and place of the public hearing; provided that, the notice shall affirmatively cite the reasons alleged to constitute a cause for revocation; and provided further that notice of the public hearing shall be published in a local newspaper of general circulation at least five days before the hearing.
(Ord. G-77-639, passed 1-3-1977)
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