Revocation or termination of license

(a)

A license may be revoked by the city commission for failure of the licensee to construct, operate or maintain the cable system as required by this chapter or the license agreement, or for any other material violation of this chapter or material breach of the license agreement. To invoke the provisions of this subsection (a), the city shall give the licensee written notice, by certified mail at the last known address, that licensee is in material violation of this chapter or in material breach of the license agreement and describing the nature of the alleged violation or breach with specificity. If within 30 calendar days following receipt of such written notice from the city to the licensee, the licensee has not cured such violation or breach, or has not entered into a written agreement with the city manager or designee on a program to cure the violation, or has not demonstrated that the violation cannot be cured, the city may give written notice to the licensee of its intent to revoke the license, stating reasons.

(b)

Prior to revoking a license under subsection (a) hereof, the city commission shall hold a public hearing, upon no less than ten calendar days written notice to the licensee, at which time the licensee and the public shall be given an opportunity to be heard. Following the public hearing the city commission may determine whether to revoke the license based on the evidence presented at the hearing, and other evidence of record. If the city commission determines to revoke a license, it shall issue a written decision setting forth the reasons for its decision. A copy of such decision shall be transmitted to the licensee.

(c)

Notwithstanding subsections (a) and (b) hereof, any license may, at the option of the city following a public hearing before the city 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 licensee, 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 chapter and the license 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 chapter and the license agreement.

(d)

In the event of foreclosure or other judicial sale of any of the facilities, equipment or property of a licensee, the city may revoke the license, following a public hearing before the city commission, by serving notice upon the licensee and the successful bidder at the sale, in which event the license and all rights and privileges of the license shall be revoked and shall terminate 30 calendar days after serving such notice, unless:

(1)

The city has approved the transfer of the license to the successful proposer; and

(2)

The successful proposer has covenanted and agreed with the city to assume and be bound by the terms and conditions of the license agreement and this chapter.

(e)

If the city revokes a license, or if for any other reason a licensee 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 licensee to remove its facilities and equipment at the expense of the former licensee. If the former licensee fails to remove facilities and/or equipment within a reasonable period of time, the city may have the removal done at the expense of the former licensee and/or surety.

(2)

The city, by resolution of the city commission, may acquire ownership, or effect a transfer, of the cable system at an equitable price.

(3)

If a cable system is abandoned by a licensee, the city may sell, assign or transfer all or part of the assets of the system.

(f)

Where the city has issued a license specifically conditioned in the license agreement upon the completion of construction, system upgrade or other specific obligation by a specified date, failure of the licensee to complete such construction or upgrade, may result in the revocation of the license as set forth in this section, unless the city, at its discretion and for good cause demonstrated by the licensee, grants an extension of time.

(g)

No adverse action against a licensee may be taken by the city pursuant to this section except after a noticed public hearing at which the licensee is given an opportunity to participate.

(Ord. No. 11936, § 3, 6-8-00)