§ 90-463. Termination of franchise.  


Latest version.
  • The following material breaches of the obligations of a franchisee under the franchise documents shall constitute grounds for termination of a franchise by the cable television commission:

    a.

    Cumulative unexcused delay in excess of: (i) 180 calendar days in complying with the provisions of subparagraph "b" of section 90-231 or beyond the times prescribes pursuant to section 90-247 in relation to subparagraph "b" of section 90-231 in subdivision II of division 4, or (ii) 365 calendar days in complying with the provisions of subdivision "d" of section 90-231 or beyond the times prescribed pursuant to section 90-247 in relation to subdivisions "b," "c" or "d" of section 90-231 in subdivision II of division 4, or (iii) 365 calendar days in complying with the provisions of the last paragraph in section 90-231 or pursuant to section 90-247 in relation to said last paragraph of section 90-231 in subdivision II of division 4.

    b.

    The failure of a franchisee to make any payment to replenish the special account for security established under section 90-372 in subdivision V of division 4, above, within the time required by said section;

    c.

    Any violation of section 90-426, 90-429 or 90-431 in subdivision II;

    d.

    The failure to make any disclosure of fact within the application for the franchise which is required by this article or a request for proposals, or the misrepresentation of such a fact in the application;

    e.

    The willful failure to make any payments required by sections 90-337 or 90-338 in subdivision IV of division 4; or

    f.

    Any other act or omission by the franchisee which materially violates the terms, conditions or requirements of the franchise documents or any order, directive, rule or regulation issued thereunder and which is not corrected or remedied within 30 calendar days following mailing to the franchisee of written notice of the violation or within such period beyond the 30 calendar days as is reasonable.

(Ord. No. 97-12, § 2(5.50.818), 2-13-1997; Ord. No. 97-21, § 2, 12-10-1997)