4.20.130.2 Bases for termination; examples given.

Such material breaches which may serve as a basis for termination shall include but not be limited to the following, provided that the franchisee has been given notice and opportunity to cure such breach as provided in the ordinance codified in this title:

   4.20.130.2.1.   Violation or breach of any provision of the ordinance codified in this title or the cable act, or any rule, order, regulation or determination pursuant to the ordinance codified in this title or the cable act;

   4.20.130.2.2.   Failure to meet the construction, reconstruction, extension or operation deadlines established unless such failure is due to factors beyond the control of the franchisee. The franchisee shall establish such factors by clear and convincing evidence to the satisfaction of the city;

   4.20.130.2.3.   Loss of or failure to obtain or renew any FCC certificate, registration or other city authorization that may be required;

   4.20.130.2.4.   Failure to obtain and maintain any utility easements, road crossings, utility pole agreements or the like required to provide service;

   4.20.130.2.5.   [Reserved.]

   4.20.130.2.6.   Failure to provide the types of services promised, assuming the franchisee has unsuccessfully pursued whatever recourse is available under Section 625 of the Cable Act;

   4.20.130.2.7.   Refusal or otherwise unreasonable failure to meet any of its obligations under the ordinance codified in this title or a franchise agreement or failure to correct the deficiency as provided in the ordinance codified in this title;

   4.20.130.2.8.   Insolvency, bankruptcy, inability or unwillingness to pay its debts, including subscriber refunds where owed;

   4.20.1302.9. Use of a city channel without permission;

   4.20.130.2.10.   Discrimination in the provision of cable services, in access to facilities, including city and educational access facilities, and in subscriber rates;

   4.20.130.2.11.   Attempt to evade any provision of the ordinance codified in this title or the franchise agreement or the practice of any fraud or deceit upon the city or subscribers;

   4.20.130.2.12.   Failure to begin or complete construction, reconstruction, or extension of cable system, together with service and maintenance thereof, as provided under the ordinance codified in this title or the franchise agreement;

   4.20.130.2.13.   Failure significantly to provide the categories of programming and cable services set forth under the franchise agreement;

   4.20.130.2.14.   Failure to maintain in effect the insurance, bonds and letters of credit required under the ordinance codified in this title and the franchise agreement;

   4.20.130.2.15.   Failure to operate the franchisee's cable system for forty-eight (48) consecutive hours due to an event or occurrence within the franchisee's control and without prior approval of the city;

   4.20.130.2.16.   Any misrepresentation of fact, made by or on behalf of a franchisee in its proposal to obtain a franchise, or in connection with the negotiation or re-negotiation, or any amendment or other modification to, the franchise agreement;

   4.20.130.2.17.   Failure to provide the financial information required by the ordinance codified in this title and/or the franchise agreement;

   4.20.130.2.18.   Frequent or unjustified failure to satisfy the requirements regarding the technical performance standards specified in an agreement;

   4.20.130.2.19.   Abandonment of the system, in whole or in material part, without the prior written consent of the city;

   4.20.130.2.20.   Frequent or unjustified failure to comply with the leased access requirements of 47 U.S.C. 532;

   4.20.130.2.21.   Unjustified failure to supply the access channels and other access support and any related services, equipment and facilities as required in the franchise agreement;

   4.20.130.2.22.   Imposition of any fee, charge, deposit, or associated term or condition for any service which fails to comply with the requirements of the ordinance codified in this title or the franchise agreement;

   4.20.130.2.23.   Failure to comply with the interconnection requirements, as provided in the ordinance codified in this title and the franchise agreement;

   4.20.130.2.24.   Frequent or unjustified failure to comply with the consumer service standards and requirements set forth in the ordinance codified in this title and franchise agreement;

   4.20.130.2.25.   The taking of any material action which requires the approval or consent of the city without having first obtained said approval or consent, as provided in the agreement;

   4.20.130.2.26.   The conviction of a franchisee, any affiliated person, any director or executive officer of a franchisee or of an affiliated person, any person holding control of or a controlling interest in the franchisee, or any employee or agent of a franchisee or of any affiliated person acting under the express direction or with the actual consent of the franchisee, its directors or officers, of any criminal offense constituting a felony, including, without limitation, bribery or fraud, arising out of or in connection with the franchise agreement. Provided, however, that the right to terminate the franchise agreement in the event of said convictions shall arise only with respect to any of the foregoing convictions of the franchisee itself and, in the event of the conviction of any other persons specified in this subsection if the franchisee fails to disassociate itself from, or terminate the employment of, such other persons with respect to activities in the franchise area or any other activities affecting the system pursuant to the franchise agreement, within thirty (30) days after the time in which appeals from such conviction may be taken, if not taken, or within thirty (30) days following the final determination of all appeals which are in fact taken;

   4.20.130.2.27.   The franchisee's becoming insolvent, unable or unwilling to pay its debts, or upon listing of an order for relief in favor of franchisee in a bankruptcy proceeding; and

   4.20.130.2.28.   Dissolution or termination of the franchisee's partnership, company, corporation, or business. (Ord. 205 § 3, 2001)