36.04A.260 Revocation—Grounds.

In addition to all other rights and powers retained by the county under this chapter and any franchise issued pursuant thereto, the county reserves the right to revoke and terminate a franchise and all rights and privileges of a grantee thereunder, in whole or part, in the event of a material violation of the terms of the franchise. A material violation by the grantee shall include, but shall not be limited to, the following:

(a)    Violation of any material provision of a franchise granted pursuant to this chapter or any other agreement between the county and the grantee, or of any material rule, order, regulation or determination of the county made pursuant to a franchise granted hereunder or other agreement with a grantee;

(b)    Any attempt to evade a material provision of this chapter, or of a franchise granted pursuant to this ordinance, or to practice any fraud or deceit upon the county or its subscribers or customers;

(c)    Failure to begin or complete any new, upgraded or extended cable system within the time set therefore by a franchise granted pursuant to this chapter;

(d)    Failure to restore service after forty-eight (48) consecutive hours of interrupted service, except when excused pursuant to the force majeure provisions of a franchise agreement or when approval of the interruption is otherwise obtained from the county;

(e)    Material misrepresentation of fact in an application or negotiation of a franchise;

(f)    If a grantee becomes insolvent, or the subject of a bankruptcy proceeding or receivership. (Sec. 2 of Ord. 1998-12-21)