(a) Any franchise granted pursuant to this chapter shall expire without further proceedings one year after its effective date if the person granted such franchise has not commenced construction of a cable communications system within such period.
(b) If any person granted a franchise pursuant to this chapter fails to provide cable communications service within and throughout the franchise area as required under the franchise agreement, such franchise shall, on the anniversary of the effective date of such franchise next following the twelve-month period during which cable communications service has not been extended as required under the franchise agreement, be deemed revoked without the necessity of Council action, unless prior to such date, such person shall have applied to Council and Council shall have, for good cause shown, granted an extension of the construction or service periods set forth in the franchise agreement.
(c) Any franchise granted pursuant to this chapter shall be terminated and cancelled without further proceedings 120 days after the appointment of a receiver or trustee to take over and conduct the business of a cable communications company, whether in receivership, reorganization, bankruptcy or other action or proceedings, unless such receivership or trusteeship shall have been vacated prior to the expiration of such period. However, such receiver or trustee may apply for a transfer or assignment of such franchise, as provided in Section 808.05(e), within sixty days of the appointment of such receiver or trustee, if duly approved by the court having jurisdiction in the premises. In case of a foreclosure or other judicial sale of the plant, property or facilities of a cable communications company, with or without the appointment of a receiver or trustee, including or excluding the franchise granted under this chapter, such franchise as granted will be terminated and cancelled without further proceedings upon thirty days written notice of termination served upon the cable communications company and the purchaser thereof, unless within such thirty days the purchaser applies to the City for a transfer or assignment to it of the same as provided in Section 808.05(e).
(d) Any franchise granted pursuant to this chapter is revocable by the City prior to its expiration where the cable communications company has become insolvent or has failed substantially to comply with any provision or requirement of State or Federal law or this chapter, the representations made in its franchise application or the provisions of its franchise agreement, or has failed to apply to the Federal Communications Commission for a certificate of compliance with sufficient promptness to avoid interruption or delay in service required by the franchise agreement. The City may give a written notice containing full particulars as to the provision or requirement with which compliance is claimed deficient and may allow such cable communications company sixty days to comply. At the expiration of such sixty days, such franchise will be deemed terminated and revoked unless such cable communications company shall request a hearing before Council upon its alleged failure to substantially comply with this chapter. Such hearing shall be public with the cable communications company being permitted to fully participate therein, including the right to introduce testimony and exhibits and to examine and cross-examine witnesses. The hearing shall be recorded, and at the conclusion thereof, Council, if it finds that the cable communications company has not substantially complied with this chapter, may terminate and revoke the franchise. Such cable communications company shall have the same rights of an appeal from an adverse decision as are granted by the statutes of the State for appeals from the actions of administrative agencies.
(e) Any person granted a franchise pursuant to this chapter may surrender it upon written notice of intent to surrender its franchise filed with the City Clerk not less than sixty days prior to the surrender date. On the surrender date specified in such notice, all rights, privileges and authority under such franchise shall terminate, provided that such person shall have six months thereafter to remove its towers, poles, wires, cables, fixtures or other facilities from the streets, alleys, public right of ways or public places, subject to the rights of the City as set forth in Section 808.08(d). At the expiration of such six months, any property not removed by such person shall become the property of the City to do with as it may choose. Any cost to the City in removing such property from its streets, alleys, public right of ways or public places shall be claimed against such person under the performance bond required under Section 808.12(a). (Ord. 175. Passed 7-21-81.)