In the event that the franchising authority believes that the grantee
has not complied with the terms of the franchise, it shall notify the grantee
in writing of the exact nature of the alleged noncompliance.
The grantee shall have 30 days from receipt of the notice described in §
A205-24:
A. To respond to the franchising authority, contesting the
assertion of noncompliance;
C. In the event that, by the nature of default, such default
cannot be cured within the thirty-day period, initiate reasonable steps to
remedy such default and notify the franchising authority of the steps being
taken and the projected date that they will be completed.
In the event that the grantee fails to respond to the notice described in §
A205-24 pursuant to the procedures set forth in §
A205-25, or in the event that the alleged default is not remedied within 30 days or the date projected pursuant to §
A205-25C above, the franchising authority shall schedule a public hearing to investigate the default. Such public hearing shall be held at the next regularly scheduled meeting of the franchising authority which is scheduled at a time which is no less than five business days therefrom. The franchising authority shall notify the grantee in writing of the time and place of such meeting and provide the grantee with an opportunity to be heard.
Subject to applicable federal and state law, in the event the franchising
authority, after such meeting, determines that the grantee is in default of
any provision of the franchise, the franchising authority may:
A. Seek specific performance of any provision, which reasonably
lends itself to such remedy, as an alternative to damages;
B. Commence an action at law for monetary damages or seek
other equitable relief; or
C. In the case of a substantial default of a material provision
of the franchise, declare the franchise agreement to be revoked in accordance
with the following:
(1) The franchising authority 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 one or more instances of substantial
noncompliance with a material provision of the franchise. The notice shall
set forth the exact nature of the noncompliance. The grantee shall have 90
days from such notice to object in writing and to state its reasons for such
objection. In the event the franchising authority has not received a response
satisfactory from the grantee, it may then seek termination of the franchise
at a public meeting. The franchising authority shall cause to be served upon
the grantee, at least 10 days prior to such public meeting, a written notice
specifying the time and place of such meeting and stating its intent to request
such termination.
(2) At the designated meeting, the franchising authority
shall give the grantee an opportunity to state its position on the matter,
after which it shall determine whether or not the franchise shall be revoked.
The grantee may appeal such determination to an appropriate court, which shall
have the power to review the decision of the franchising authority "de novo"
and to modify or reverse such decision as justice may require. Such appeal
to the appropriate court must be taken within 60 days of the issuance of the
determination of the franchising authority.
(3) The franchising authority may, at its sole discretion,
take any lawful action which it deems appropriate to enforce the franchising
authority's rights under the franchise in lieu of revocation of the franchise.
The parties hereby agree that it is not the franchising authority's
intention to subject the grantee to penalties, fines, forfeitures or revocation
of the franchise for so-called "technical" breach(es) or violation(s) of the
franchise or local cable ordinance, which shall include but are not limited
to the following:
A. In instances or for matters where a violation or a breach
by the grantee of the franchise or local cable ordinance was good faith error
that resulted in no or minimal negative impact on the customers within the
service area; or
B. Where there existed circumstances reasonably beyond the
control of the grantee and which precipitated a violation by the grantee of
the franchise or local cable ordinance, or which were deemed to have prevented
the grantee from complying with a term or condition of the franchise or local
cable ordinance.