§ 92-16. Revocation of Franchise.
Rights of the County. In addition to all of the rights and power reserved or pertaining to
the County, the County reserves as an additional and as a separate and distinct power the
right to terminate the franchise and all rights and privileges of a grantee hereunder in any
of the following events or for any of the following reasons insofar as they are consistent
with the provisions of the Cable Communications Policy Act of 1984:
A grantee shall, by act or omission, violate any material term or condition of this
chapter and shall within 30 days following written demand by the County to
effect such compliance fail to do so;
A grantee becomes insolvent, unable or unwilling to pay its lawfully determined
debts, or is adjudged a bankrupt;
A grantee attempts to, or does, practice any fraud or has made a material false
statement in its conduct or relations under the franchise with the County or
subscribers or potential subscribers; or
The grantee, contrary to the best interest of public convenience and welfare, fails
or is failing to provide subscribers with regular, adequate, reasonable and
proper service. In fulfilling its obligation, a grantee will follow applicable FCC
standards as they relate to CATV and the provisions of this Chapter.
Hearing required. No revocation shall be effected unless or until the Commissioners shall
have adopted a resolution setting forth the causes and reasons for the revocation and the
effective date thereof. Such resolution shall not be adopted without 30 days' notice (or
within such extended period as may be allowed by the Board of County Commissioners)
to a grantee and without an opportunity for a grantee to be heard upon the proposed
adoption of such proposed resolution. If the revocation as proposed in such resolution
depends on a finding of fact, such finding of fact as made by the Commissioners after the
hearing provided for, if requested by the grantee, shall be conclusive.
Beyond control of grantee. A grantee shall not be declared in default or be subject to any
sanction under any provision of this chapter in any case in which performance of any
such provisions is prevented for reasons beyond its control.