§ 30-27. Termination; forfeiture or revocation.

(a)

Grounds for revocation. The county reserves the right to revoke any franchise granted hereunder and rescind all rights and privileges associated with the franchise in the following circumstances, each of which shall represent a default and breach under the code and the franchise:

(1)

If the franchisee shall default in the performance of any of the material obligations under this chapter and the franchise agreement.

(2)

If the franchisee shall fail to provide or maintain in full force and effect the liability and indemnification coverage or the performance bond as required herein.

(3)

If the franchisee shall violate material provision of any orders or rulings of any regulatory body having jurisdiction over the franchisee relative to this chapter or the franchise, and any regulatory ordinance of the county or FCC after notice and opportunity to cure.

(4)

If the franchisee knowingly practices any fraud upon the county or system subscribers.

(5)

The franchisee's construction schedule is materially delayed later than the schedule contained in the franchise or beyond any extended date set by the county.

(6)

The franchisee becomes insolvent, unable or unwilling to pay its debts, or is adjudged bankrupt.

(7)

Failure to restore service countywide after 96 consecutive hours of interrupted service, except when approval of such interruption is obtained from the county.

(8)

Knowing material misrepresentation of fact in the application for or negotiation of the franchise or any extension or renewal thereof.

(9)

If the franchisee materially reduces the number of channels provided to subscribers without the consent of the county, i.e. less than 50 channels.

(10)

If the franchisee shall fail to pay the communications services tax due the state or other fees due the county after demand.

(b)

Effect of circumstances beyond control of franchisee. The franchisee shall not be declared at fault or be subject to any sanction under any provision of this chapter or the franchise agreement in any case, in which performance of any such provision is prevented for reasons beyond the franchisee's control. For the purposes of this chapter and any franchise agreement granted or renewed hereunder, causes or events beyond the franchisee's control shall include, without limitation, acts of God, floods, earthquakes, landslides, hurricanes, fires and other natural disasters, acts of public enemies, riots or civil disturbances, sabotage, strikes and restraints imposed by order of a governmental agency or court. A fault shall not be deemed to be beyond the franchisee's control if committed by a corporation or other business entity in which the franchisee holds a controlling interest whether held directly or indirectly, such fault is due to the franchisee's financial inability to perform or comply, economic hardship, or misfeasance, malfeasance or nonfeasance by any of the franchisee's directors, officers, or employees.

(c)

Effect of pending litigation. Pending litigation or any appeal to any regulatory body or court having jurisdiction over the franchisee shall not excuse the franchisee from the performance of its obligations under this chapter or the franchise unless specifically provided for by court order or by the regulatory body having jurisdiction over such matters. Failure of the franchisee to perform such obligations because of pending litigation or petition may result in forfeiture or revocation pursuant to the provisions of this section.

(d)

Procedure prior to revocation.

(1)

The county shall make written demand, stating with specificity the noncompliance, that the franchisee comply with any such requirement, limitation, term, condition, rule or regulation or correct any action deemed cause for revocation. If the noncompliance of the franchisee continues for a period of 30 days following such written demand, the county shall place its request for termination of the franchise upon a regular board of county commissioners meeting agenda. The county shall cause to be served upon such franchisee, at least 30 days prior to the date of such board meeting, a certified mailed written notice of this intent to request such termination, and the time and place of the meeting, notice of which shall be published by the clerk of the courts once, 14 days before such meeting in a newspaper of general circulation within the county.

(2)

The board shall hear any persons interested therein, and shall determine, in its discretion, whether or not any noncompliance by the franchisee was with just cause.

(3)

If such noncompliance by the franchisee was with just cause, as defined by the county, the board shall direct the franchisee to comply within such time and manner and upon such terms and conditions as are reasonable.

(4)

If the board shall determine such noncompliance by the franchisee was without just cause, then the board shall, by resolution, declare that the franchise of the franchisee shall be terminated and bond forfeited, up to the amount of damages suffered by the county, unless there be compliance by the franchisee within 90 days.

(5)

The franchisee shall have the right to review by a court of competent jurisdiction upon the board's determination of noncompliance.

(e)

Disposition of facilities. In the event a franchise expires without the right of renewal, is revoked or otherwise terminated, the county may in its sole discretion, do either of the following:

(1)

Effect a transfer of ownership of the system to another party.

(2)

Order the removal of the system facilities from the county. Such removal shall be accomplished in accordance with the requirements of this chapter.

(f)

Operation after termination or expiration of franchise.

(1)

Subscription rights. It is the intent of the franchisee to provide all subscribers continuous, uninterrupted service insofar as their financial obligations to the franchisee are honored.

(2)

Failure to provide continuity. In the event the franchisee fails to operate the system for seven consecutive days without prior approval of the county or without just cause, the county may, at its option, operate the system or designate an operator until such time as the franchisee restores service under conditions acceptable to the county or a permanent operator is selected. If the county is required to fulfill this obligation for the franchisee, the franchisee shall reimburse the county for all reasonable costs or damages in excess of revenues from the system received by the county that are the result of the franchisee's failure to perform.

(3)

Extended operation. In the event the franchise is terminated, or upon its expiration, the county may require the franchisee to continue operation for a period not exceeding six months after the date of the franchisee's termination or expiration. The franchisee shall remove, at its own expense, all portions of its system from all streets and public ways to a condition reasonably satisfactory to the county as specified in this chapter. The franchisee shall maintain a security (bond) guarantee satisfactory to the county pursuant to this chapter until the conclusion of all operations under the franchise and this chapter, including the removal of all equipment and facilities, are completed.

(Code 1979, § 7-125; Ord. No. 98-45, § 27, 8-18-98; Ord. No. 02-66, § 6, 12-17-02)