(A) The City Commission may revoke a franchise for a franchisee's failure to construct, operate or maintain the cable system as required by this subchapter or the franchise agreement, or for any other material violation of this subchapter or material breach of the franchise agreement or material violation of applicable law. To invoke the provisions of this section, the city shall give the franchisee written notice by certified mail at the last known address that the franchisee is in material violation of this subchapter or in material breach of the franchise agreement. The notice shall describe the nature of the alleged violation or breach with specificity and demand correction within 30 calendar days or, within a reasonable time period stated in the notice, which shall not be less than 30 calendar days. If within 30 calendar days following receipt of the written notice from the city the franchisee has not cured the violation or breach, or has not commenced corrective action and such corrective action is not being actively and expeditiously pursued, the city may give written notice to the franchisee of its intent to revoke the franchise, stating its reasons.
(B) Prior to revoking a franchise under division (A) above, the City Commission shall hold a public hearing, upon 10 calendar days notice, at which time the franchisee and the public shall be given an opportunity to be heard. Following the public hearing, the City Commission may determine whether to revoke the franchise based on the evidence presented at the hearing, and other evidence of record. If the City Commission makes a determination to revoke a franchise, it shall direct that a written decision setting forth the reasons for its decision shall be transmitted to the franchisee.
(C) Notwithstanding divisions (A) and (B) above, any franchise may, at the option of the City Commission following a public hearing before the Commission, be revoked 120 calendar days after an assignment for the benefit of creditors or the appointment of a receiver or trustee to take over the business of the franchisee, whether in a receivership, reorganization, bankruptcy assignment for the benefit of creditors, or other action or proceeding, unless within that 120 day period:
(1) Such assignment, receivership, or trusteeship has been vacated; or
(2) Such assignee, receiver, or trustee has fully complied with the terms and conditions of this subchapter and the franchise agreement and has executed an agreement, approved by a court having jurisdiction, assuming and agreeing to be bound by the terms and conditions of this subchapter and the franchise agreement.
(D) In the event of foreclosure or other judicial sale of any of the facilities, equipment, or property of a franchisee, the city may revoke the franchise, following a public hearing before the Commission, by serving notice upon the franchisee and the successful bidder at the sale, in which event the franchise and all rights and privileges of the franchise will be revoked and will terminate 30 calendar days after serving the notice, unless:
(1) The city has approved the transfer of the franchise to the successful bidder; and
(2) The successful bidder has covenanted and agreed with the city to assume and be bound by the terms and conditions of the franchise agreement and this subchapter.
(E) If the city revokes a franchise, or if for any other reason a franchisee abandons, terminates, or fails to operate or maintain service to its subscribers for a period of six months, the following procedures and rights are effective:
(1) The city may require the former franchisee to remove its facilities and equipment at the former franchisee's expense. If the former franchisee fails to do so within a reasonable period of time, the city may have the removal done at the former franchisees and/or surety's expense.
(2) The city, by resolution of the City Commission, may acquire ownership pursuant to this subchapter, or effect a transfer of the cable system.
(3) If a cable system is abandoned by a franchisee, the city may sell, assign or transfer all or part of the assets of the system.
(F) The city may revoke the franchise if the franchisee commits or participates in an act of fraud or deceit upon the city.
(G) Where the city has issued a franchise specifically conditioned in the franchise agreement upon the completion of construction, system upgrade, or other specific obligation by a specified date, the city may revoke a franchise by resolution for failure of the franchisee to complete such construction or upgrade, unless the city, at its discretion and for good cause demonstrated by the franchisee, grants an extension of time.
(H) The foregoing provisions shall not be deemed to preclude the city from obtaining any other available remedies for repeated violations of the same general type, whether remedied or not.
(I) Except as provided in division (G) above, the city shall not take action against a franchisee pursuant to this section except after a noticed public hearing at which the franchisee is given an opportunity to participate.
(Ord. 1406, passed 5-15-02)