Revocation of Franchise. The Franchise issued hereunder may, after due notice and hearing as provided in Section 7.4, be revoked by the Franchising Authority for any of the following reasons:
1. For failure to comply with any of the material terms and conditions of the Franchise;
2. For any transfer or assignment of the Franchise Agreement or control thereof without consent of the Franchising Authority as described in Section 2.7; and/or
3. For failure to maintain a performance bond as described in Section 7.3 or to maintain insurance as described in Section 7.2.
Revocation of Franchise. Upon written notice, the Franchise issued hereunder may, after due process pursuant to opportunity to cure (Section 9.7) and public hearing held by the Franchising Authority, subject to any other rights available to Franchisee, be revoked by the Franchising Authority for any of the following reasons:
(a) For failure to maintain insurance as described in Section 9.2 (Insurance);
(b) For repeated failure to maintain signal quality pursuant to the standards provided for by the FCC;
(c) For any transfer or assignment of the Renewal Franchise without prior notice to the Franchising Authority in violation of Section 9.8 herein; and
(d) For repeated failure to comply with the material terms and conditions of this Renewal Franchise.
Revocation of Franchise. (a) City's Right to Revoke and Grounds for Revocation. In addition to all other rights which the City has pursuant to law or equity, the City reserves the right to revoke, terminate or cancel any Franchise granted under this Chapter, in the event that one or more of the following occur, each of which shall be deemed a material breach of the Franchise:
(i) The Grantee violates any material provision of this Chapter or its Franchise Agreement with the City; or
(ii) The Grantee violates any state or federal law applicable to the Grantee's operation within the City; or
(iii) The Grantee practices any fraud or deceit upon the City or a Subscriber; or
(iv) The Grantee becomes insolvent, unable or unwilling to pay its debts, or is adjudged as bankrupt; or
(v) The Grantee ceases to provide service over the Cable System for a period exceeding fourteen (14) days for any reason within the Grantee's Control, or abandons the management and/or operation of the Cable System; or
(vi) The Grantee materially misrepresents a fact in the application for or negotiation of, or renegotiation of, or renewal of, its Franchise.
Revocation of Franchise. (a) In addition to all other rights, powers or remedies pertaining to the Municipality in connection with this Franchise Agreement or otherwise, the Municipality reserves the right to terminate, cancel and revoke the franchise and all rights and privileges of the Company under this Franchise Agreement in the event the Company:
(i) Violates any material provision of this Franchise Agreement or any rule, order or determination of the Municipality made pursuant to this Franchise Agreement, except where such violation, other than of subsection (ii) and (iii) below, is without fault of the Company or through excusable neglect; or
(ii) Becomes insolvent, unable or unwilling to pay its debts, or is adjudged bankrupt; or
(iii) Fails for a substantial time to provide cable television service to Subscribers, except as a result of strikes, war, civil commotion, Acts of God or other causes beyond the reasonable control of the Company.
(b) The Municipality may make a written demand that the Company comply with any such provision, rule, order or determination under or pursuant to this Franchise Agreement. If the violation by the Company continues for a period of thirty days following such written demand without written proof that the corrective action has been taken or is being actively and expeditiously pursued, the Municipality may consider the issue of terminating the Grant, provided that the Municipality shall cause to be served upon the Company, at least twenty day prior to the date the Municipality is to consider the issue of termination, a written notice of intent to request such termination, and the time and place of the meeting. Public notice shall be given of the meeting and issue which the Municipality is to consider.
(c) The Corporate Authorities shall hear and consider the issue, and shall hear any Person interested therein, and the Corporate Authorities shall determine, in their discretion, whether or not any violation by the Company has occurred.
(d) If the Corporate Authorities shall determine the violation by the Company was the fault of Company and within its control, the Corporate Authorities may, by resolution, declare that the Grant shall be terminated and revoked unless there is compliance within such period at the Corporate Authorities may fix; such period shall not be less than ten days, provided that no opportunity for compliance need be granted for fraud or misrepresentation.
(e) Upon expiration of the time set for compliance by the Company in ...
Revocation of Franchise. A. In addition to all other rights and powers reserved or pertaining to the County, the County reserves, as an additional and as a separate and distinct remedy, the right to revoke this Franchise and all rights and privileges of Franchisee hereunder in any of the following enumerated events or for any of the following reasons:
(1) Franchisee shall, by act or omission, violate any material or substantial term or condition of this Franchise Agreement and shall within thirty (30) days following written notice by the County fail to effect such compliance or has failed to begin to take such reasonable steps as necessary to bring the Franchisee into such compliance; or
(2) Franchisee becomes insolvent, unable or unwilling to pay its debts, or is adjudged a bankrupt, or all or part of Franchisee's facilities should be sold under an instrument to secure a debt and are not redeemed by Franchisee within thirty (30) days from said sale in accordance with federal bankruptcy law; or
(3) Franchisee fails to restore service following ninety-six (96) consecutive hours of interrupted service, except when an act of God, disaster, or other action beyond the control of the Franchisee caused such service interruption; or
(4) Franchisee attempts to or does practice any fraud or deceit or pattern of material misrepresentation in its conduct or relations with the County under this Franchise.
B. No such revocation shall be effective unless or until the Board shall have adopted a Resolution setting forth the cause and reason for the revocation and the effective date thereof, which Resolution shall not be adopted without thirty (30) days' prior written notice thereof to Franchisee and an opportunity for the Franchisee to be heard upon the proposed adoption of said Resolution. Franchisee shall furnish to the County a written statement at least ten (10) days prior to the date on which the Board will convene to consider such proposed Resolution setting out its position relative to the cause(s) of such revocation. The Franchisee shall have the right to present evidence and to question witnesses. In the event the revocation as proposed in said Resolution depends upon findings of fact, such findings of fact as made by the Board shall be in writing, after the hearing provided for, if requested by Franchisee.
C. Notwithstanding the grounds for termination herein, no termination procedure shall be held except in compliance with FCC Rules and Regulations and the Cable Act.
D. Franchisee shall...
Revocation of Franchise. A. The Franchise granted hereunder shall be subject to the right of revocation by the Township Board by adoption of a resolution at a public hearing at which the Company was determined to have violated the terms or intent of the Franchise, unless within thirty (30) days the Company shall have complied with said terms of intent. A public hearing will be held and the company will be provided notice of such hearing by certified mail at least thirty (30) days prior to such action at an address on file with the Township of Plainfield
B. Any Franchise granted hereunder shall be subject to all applicable State and Federal laws, including rules and regulations promulgated by the F.C.C.
Revocation of Franchise. County may revoke the Franchise and terminate this Agreement in accordance with Section 15 of the Cable Ordinance.
Revocation of Franchise. Grantor may revoke this Franchise in whole or in part, but only upon a majority vote of the County Council and for only the reasons set forth below. King County shall give reasonable written notice of its intent to revoke this Franchise. A public hearing shall be scheduled in the manner provided for applications for a Franchise under R.C.W 36.55.040; provided that, if exigent circumstances necessitate expedited revocation, the hearing may be held as soon as possible after the notice. The decision to revoke this Franchise will become effective ninety (90) days following the public hearing if the County, by ordinance, finds either:
1. That the Grantee has not substantially cured the violation or failure to comply which was the basis of the notice; or
2. That the violation or failure to comply which was the basis of the notice is incapable of cure; or
3. That the Grantee has repeatedly violated or failed to comply with any of the material terms, conditions, or responsibilities of the Franchise, even though the individual violations have been cured; and
4. That the revocation of the Franchise is necessary to protect public from an immediate threat to public health or safety.
Revocation of Franchise. The City Council may revoke this Franchise and rescind all rights and privileges associated with the Franchise when:
28.4.1 Grantee has engaged in a material breach of this Franchise Agreement and this material breach continues after the date specified in the Administrative Enforcement Order. For the purposes of this Franchise Agreement, a material breach of the Franchise Agreement shall include, but not be limited to the following actions or omissions:
(A) Grantee has failed to provide or maintain in full force and effect the insurance coverage and/or Security Fund required by this Franchise Agreement, or has failed to replenish the Security Fund, as required by Section 27.1 herein;
(B) Grantee has violated an Administrative Enforcement Order;
(C) Grantee has engaged in a course of conduct which constitutes a fraud or deceit upon the City, Subscribers, or any other Person;
(D) Grantee has become insolvent, unable or unwilling to pay its debts, or is adjudged bankrupt;
(E) Grantee has failed to comply with the standards, terms, or schedule for Cable System construction, as required by this Franchise Agreement;
(F) Grantee has abandoned the Cable System, in whole or in part, without the prior written consent of the City;
(G) Grantee has repeatedly failed to comply with any of the Provisions in this Franchise;
(H) Grantee has undertaken an action requiring approval or consent of the City Council, including the transferring or changing of control of the Franchise, without having first obtained the City Council's prior approval or consent;
(I) Grantee has failed to cooperate fully and faithfully with any lawful investigation, audit or inquiry conducted by the City or any Person lawfully acting on behalf of the City or any Agency with jurisdiction over this Franchise;
(J) Grantee has issued a written misrepresentation, intentionally made by or on behalf of Grantee in a proposal for this Franchise, or in connection with the negotiation or renegotiation of a Franchise, or any amendment or other modification to a Franchise, or in connection with an application, request, or negotiation for a Franchise transfer or change in control;
(K) Grantee knowingly makes a material false entry or false statement in any document to be distributed to the City or upon which the City may rely;
(L) Grantee, any Affiliate, any director or executive officer of Grantee or of an Affiliate, or any employee or agent of Grantee or of any Affiliate acting under the express direction or wit...
Revocation of Franchise. The County shall provide the Company with a detailed notice of a Franchise violation upon which it proposes to take action, and a ninety (90) day period within which the Company may demonstrate that a violation cannot be cured within ninety (90) days, submit a reasonable plan to the County which will correct the violation. If the Company fails to disprove or correct the violation within ninety (90) days or, in the case of a violation which cannot be corrected in ninety (90) days and the Company has timely submitted a plan, if Company fails to implement the plan, then the County may declare the Company in default, which declaration must be in writing. In the event that the County declares the Company in default, the County may, by majority vote hold an administrative proceeding to determine whether the Company's Franchise should be revoked. If the County determines that an administrative proceeding should be held, the County shall provide not less than thirty (30) days notice to the public and to the Company of the date of the administrative proceeding and a description of the basis of the alleged default. The County can revoke the Franchise only for defaults arising from the following circumstances:
A. Material misrepresentation by Company to County in information required to be provided under the Franchise;
B. Company becomes insolvent or is adjudged bankrupt; or
C. Company willfully violates a material provision of this Franchise. In the event of default arising from A, B, or C above, the County may, in its sole discretion, take any other lawful action which it deems appropriate to enforce the County's rights under the Franchise in lieu of revocation of the Franchise.
