Ordinance 99-66 - Laserfiche WebLink

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(d) In making a determination on whether to grant an application for a transfer of a franchise, the City Commission shall consider the legal, financial, technical and other qualifications of the transferee to operate the system; whether the incumbent cable operator is in substantial compliance with the material terms of its franchise agreement and this article and, if not, the proposed transferee's commitment to cure such noncompliance; and whether operation by the transferee would adversely affect cable services to subscribers, or otherwise be contrary to the public interest. (e) No application for a transfer of a franchise shall be granted unless the transferee agrees in writing that it will abide by and accept all terms of this article and the franchise agreement, and that it will assume the obligations and liabilities of the previous franchisee under this article and the franchise agreement. (f) Approval by the City of a transfer of a franchise does not constitute a waiver or release of any of the rights of the City under this article or the franchise agreement, whether arising before or after the date ofthe transfer. Sec. 22. Revocation or termination of franchise. (a) A franchise may be revoked by the City Commission for a franchisee's failure to construct, operate or maintain the cable system as required by this article or the franchise agreement, or for any other material violation of this article or material breach of the franchise agreement. To invoke the provisions of this subsection (a), the City shall give the franchisee written notice, by certified mail at the last known address, that franchisee is in material violation of this article or in material breach of the franchise agreement and describing the nature of the alleged violation or breach with specificity. Ifwithin 30 calendar days following receipt of such written notice from the City to the franchisee, the franchisee has not cured such violation or breach, or has not commenced corrective action and such corrective action is not being actively and expeditiously pursued, the City may give written notice to the franchisee of its intent to revoke the franchise, stating its reasons. (b) Prior to revoking a franchise under subsection (a) hereof, the City Commission shall hold a public hearing, upon 30 calendar days notice, at which time the franchisee and the public shall be given an opportunity to be heard. Following the public hearing, the City Commission may determine whether to revoke the franchise based on the evidence presented at the hearing and other evidence of record. Ifthe City Commission determines to revoke a franchise, it shall issue a written decision setting forth the reasons for its decision. A copy of such decision shall be transmitted to the franchisee. (c) Notwithstanding subsections (a) and (b) hereof, any franchise may, at the option ofthe 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 franchisee, 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 Cable Ordinance -37-