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A. If the village believes that a grantee has not complied with the material terms of its franchise, it shall notify the grantee in writing with specific details regarding the exact nature of the alleged noncompliance or default.
B. The grantee shall have thirty (30) days from the receipt of the village's written notice: 1) to respond to the village, contesting the assertion of noncompliance or default; or 2) to cure such default; or 3) in the event that, by nature of the default, such default cannot be cured within the thirty (30) day period, initiate reasonable steps to remedy such default and notify the village of the steps being taken and the projected date that the cure will be completed and request additional time from the village to complete the cure.
C. Subject to applicable federal and state law, in the event the village determines that the grantee is in default of any material provision of its franchise, the village may:
1. Seek specific performance of any provision that reasonably lends itself to such remedy as an alternative to damages, or seek other relief available at law including declaratory or injunctive relief; or
2. In the case of a substantial default of a material provision of the franchise, declare the franchise agreement to be revoked in accordance with subsection D of this section.
D. The village shall give written notice to the grantee of its intent to revoke the franchise on the basis of a pattern of noncompliance by the grantee, including two (2) or more instances of substantial noncompliance with a material provision of the franchise. The notice shall set forth with specificity the exact nature of the noncompliance. The grantee shall have ninety (90) days from the receipt of such notice to object in writing and to state its reasons for such objection. If the village has not received a response from the grantee or upon receipt of the response does not agree with the grantee's proposed remedy, it may then seek termination of the franchise at a public hearing to be conducted by the village board. The village shall cause to be served upon the grantee, at least ten (10) days prior to such public hearing, a written notice specifying the time and place of such hearing and stating its intent to request termination of the franchise. At the designated hearing, the village shall give the grantee an opportunity to state its position on the matter, present evidence and question witnesses, after which it shall determine whether or not the franchise shall be terminated. The public hearing shall be on the record and an audio/video recording shall be made. A copy of the recording shall be made available to the grantee within ten (10) business days. The grantee may, at its own expense, arrange for a written transcript of the public hearing. The decision of the village shall be in writing and shall be delivered to the grantee as required for notices under the franchise agreement. The grantee may appeal such determination to an appropriate court within thirty (30) days of receipt of the village's decision.
E. Any transfer of control resulting from or after the appointment of a receiver or receivers or trustee or trustees, however denominated, designated to take over and conduct the business of the grantee, whether in a receivership, reorganization, bankruptcy or other action or proceeding, unless such receivership or trusteeship shall have been vacated prior to the expiration of a one hundred twenty (120) day period, shall be treated as a transfer of control pursuant to 47 USC section 537 and require the village's consent thereto in the manner described in section 3-1-10-17 of this chapter.
F. In the event that a franchise has been revoked or has not been renewed, the village shall have the option to acquire the particular grantee's cable system or effect a transfer of ownership of such system to another person, subject to the provisions of section 627 of the cable act. Such an option must be exercised within ninety (90) days from the date of the revocation or expiration of the franchise, the entry of a final judgment by a court reviewing the question of the revocation or expiration, or the entry of a final order upon appeal of the same, whichever is later.
G. Should a franchise be revoked or expire and there is no judicial or administrative review of the revocation or expiration taking place, and the village does not acquire or effect a transfer of ownership of the grantee's cable system, then the grantee shall comply within the time limit established in the ROW ordinance for removal or abandonment of its facilities in public ways and the performance of any related cleanup and restoration. In removing its plant, structures and equipment, a grantee shall refill, at its own expense, any excavation that has been made by it and shall leave all public ways and places in as good condition as prevailed prior to such grantee's removal of its equipment and appliances, without affecting the electrical or telephone cable wires or attachments of other cable and video providers. The village shall inspect and approve the condition of the public ways and places, and cables, wires, attachments and poles after removal. A grantee's liability, including for indemnities, insurance and the security fund (unless forfeited as provided in this section 3-1-10), if provided for the franchise agreement, shall continue in full force and effect during the period of removal and until all restoration is completed as provided in this subsection. (Ord. 09-4-5, 4-7-2009)