§ 25-2-108. REVOCATION AND EXPIRATION OF FRANCHISES.

(a)

Authority to revoke. The County Council may revoke a franchise if a franchisee fails to comply with:

(1)

A material provision of this article;

(2)

A franchise agreement; or

(3)

A reasonable order, direction, or permit issued by a county agency that is material to a franchise agreement or this article.

(b)

Revocation process.

(1)

In order to revoke a franchise, the County Council shall notify the franchisee of the franchisee's alleged failure of compliance and allow the franchisee not less than 30 days to correct the failure or to present facts and arguments refuting the alleged failure.

(2)

After considering the actions taken by the franchisee under paragraph (1) of this subsection, if the County Council concludes that there is a basis for revocation of the franchise, the County Council shall notify the franchisee of the decision and allow the franchisee not less than 90 days to respond in writing to the decision.

(3)

If the franchisee does not remedy the alleged failure and the County Council determines that revocation is warranted, the County Council may revoke the franchise after:

(i)

Giving written notice to the franchisee, at least 30 days prior to a public hearing, specifying the time and place of the hearing and stating its intention to revoke the franchise;

(ii)

Holding a public hearing; and

(iii)

Adopting a resolution revoking the franchise which shall including the written finding of the Council.

(4)

At the hearing, the franchisee may be represented by counsel, submit information for the record, and record or transcribe the proceedings.

(5)

The County Council shall determine the form of the public hearing and may include at the hearing any other matters of business before the Council.

(c)

Disposition of revoked or abandoned franchise.

(1)

If the County Council revokes a franchise, if a franchisee does not operate the cable system through to expiration of the franchise, or if the franchisee abandons the cable system, the county may:

(i)

Require the former franchisee to remove the cable system facilities and equipment;

(ii)

Cause removal of the cable system facilities and equipment at the franchisee's or surety's expense if the former franchisee fails to do so within a reasonable period of time; or

(iii)

Acquire ownership of the cable system at a fair market price.

(2)

If the franchisee abandons the cable system, the county may sell, assign, or transfer all or part of the assets of the cable system.

(1988 Code, § 8-20) (Bill No. 134-97, §§ 1, 2, 12-5-1997; Bill No. 31-03, § 2, 7-1-2004; Bill No. 17-07, § 2 (part), 3-16-2007)