In addition to all other rights which the grantor has pursuant
to law or equity, the grantor reserves the right to initiate revocation
proceedings, and all rights and privileges pertaining thereto, in
the event that:
A. It is demonstrated that grantee substantially and materially violated
any material provision of this franchise or state, federal or local
law applicable to grantee's operation of a cable system within
grantor.
B. It is demonstrated that grantee repeatedly violates, after notice
and opportunity to cure, any of the material provisions of the franchise
or provision of valid applicable state, federal or local law and refuses
to cure it.
C. A grantee is found to have practiced any fraud or deceit upon the
grantor or subscriber.
D. A grantee is found to have knowingly misrepresented a material fact
in the application for, negotiation of, renegotiation of, or renewal
of the franchise.
In the event that the grantor determines that a grantee has violated any material event as set forth in §
92-73 of this chapter, or any generally applicable material federal, state or local law, the grantor may make a written demand on a grantee that it remedy such violation and that continued violation may be cause for revocation. If the violation, breach, failure, refusal, or neglect is not remedied to the satisfaction of the grantor within 45 days following such demand, the grantor shall determine whether or not such violation, breach, failure, refusal or neglect by grantee is due to acts of God or other causes which result from circumstances beyond grantee's control.
A. The grantor may schedule a public hearing and grantee shall be provided
with an opportunity to be heard. This opportunity shall include the
ability to introduce evidence, to question witnesses and to respond
to any notice of grounds to terminate in accordance with the standards
of a fair hearing applicable to administrative hearings in the Commonwealth
of Pennsylvania. The causes for pending revocation and the reasons
alleged to constitute such cause shall be recited in a notice to a
grantee prior to the public hearing. Said notice shall affirmatively
recite the causes that need to be shown by the grantor to support
a revocation. All notice requirements shall be met by providing grantee
at least 45 days' prior written notice (via certified mail, return
receipt requested) of any public hearing concerning the proposed revocation
of a franchise.
B. If notice is given and after a public hearing is held, the grantor
determines there is a violation, breach, failure, refusal or neglect
by a grantee, the grantor shall state in writing the grounds for its
decision and give notice to a grantee to correct or remedy the same
within such reasonable additional time, in such manner and upon such
reasonable terms and conditions as grantor may direct.
C. If after a public hearing or hearing by a hearing officer, designated
by grantor, it is determined that a grantee's performance of
any of the terms, conditions, obligations, or requirements of franchise
was prevented or impaired due to any cause beyond its reasonable control
or not reasonably foreseeable, such inability to perform shall be
deemed to be excused and no penalties or sanctions shall be imposed
as a result thereof, provided grantee has notified grantor in writing
within 30 days of its receipt of notice of the breach of said cause.
Such causes beyond a grantee's reasonable control or not reasonably
foreseeable shall include, but shall not be limited to, acts of God,
civil emergencies and labor strikes.
D. If, after notice is given and opportunity to cure, at a grantee's
option, a public hearing is held, the grantor determines there was
a violation, breach, failure, refusal or neglect, then the grantor
may declare, by formal resolution, a franchise revoked and cancelled
and of no further force and effect unless there is compliance within
such period as grantor may fix, such period not to be less than 30
days provided no opportunity for compliance need be granted for fraud
or misrepresentation.
E. The issue of revocation shall automatically be placed upon the agenda
of the grantor's governing body at the expiration of the time
set by it for compliance. The grantor then may terminate a franchise
forthwith upon finding that a grantee has failed to achieve compliance
or may further extend the period, in its discretion.
F. If the grantor, after notice is given and, at a grantee's option,
a full public proceeding is held and appeal is exhausted, declares
a franchise breached, the parties may pursue their remedies pursuant
to a franchise or any other remedy, legal or equitable.