(A) Grounds. The city reserves the right to revoke any franchise granted under this chapter and to rescind all rights and privileges associated with the franchise in the following circumstances, each of which shall represent a default and breach under this chapter and the franchise agreement:
(1) A default by the grantee in the performance of any of its material obligations under this chapter, under the franchise agreement or under any document, contract or other term or provision entered into by and between the city and the grantee pursuant to this chapter;
(2) A failure by the grantee to provide or maintain in full force and effect the liability and indemnification coverage or the letter of credit required by this chapter;
(3) Frequent violations by the grantee of any order or ruling of any regulatory body having jurisdiction over the grantee relative to the franchise;
(4) The grantee’s complete cessation of services for any reason within the control of the grantee over the BTN. However, 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 a provision is prevented for reasons beyond the grantee’s control. Fault shall not be deemed to be beyond the grantee’s control if it lies with a corporation or other business entity in which the grantee holds a controlling interest, whether held directly or indirectly. The provisions of this division shall not be construed as any effort by the city to regulate the program content or program offerings of the grantee. The only purpose of this division is to ensure that the grantee does not voluntarily cease to provide service under its franchise;
(5) Attempts by the grantee to evade any of the provisions of this chapter or of the franchise agreement, or the practice of any fraud or deceit upon the city or subscribers; or
(6) Failure by the grantee to establish or construct the network in compliance with the schedule set forth in § 116.046(A), or failure, for a substantial time, to provide effective transmission and receiving services and capabilities to subscribers, provided that if the failure is due to strikes, war, civil commotions, acts of God or other causes beyond the control of the grantee and without the grantee’s fault, or causes constituting excusable negligence, the time for the grantee to establish and construct the network or to meet any other time limit imposed by this chapter shall be extended by the amount of time of any delay resulting from the cases. The period of delay shall be determined by the grantee, in writing, with the consent of the city, which consent shall not be withheld unreasonably.
(B) Procedures prior to revocation. If it appears to Council that one or more grounds exist for revoking a grantee’s franchise, the following procedures shall then be followed.
(1) The Mayor may make a written demand that the grantee comply with the requirement, limitation, term, condition, rule or regulation which the Mayor believes to be applicable. The Mayor shall provide Council with a copy of each written demand.
(2) If the failure, refusal or neglect of the grantee continues for 30 days following the written demand, the Mayor may place a request for termination of the franchise upon the agenda of the next regular Council meeting.
(3) With or without compliance with the foregoing, the Mayor may cause to be served upon the grantee reasonable notice, in writing, of his or her intent to request a revocation of the grantee’s franchise. The notice shall state the time and place of the Council meeting and notice of the request shall be published by the City Clerk at least once during the four-day period preceding the Council meeting in a newspaper of general circulation within the city.
(4) Council shall consider the request of the Mayor and shall hear any persons interested therein, and shall determine, at its discretion, whether or not any failure, refusal or neglect by the grantee was with just cause.
(5) If the failure, refusal or neglect by the grantee was with just cause, Council shall direct the grantee to comply within such time and manner, and upon such terms and conditions, as are reasonable.
(6) If Council determines that the failure, refusal or neglect by the grantee was without just cause, then Council may, by motion, declare that the franchise of the grantee shall be revoked and terminated, unless there is compliance within such period as Council may fix.
(2000 Code, § 5.12.340)