§ 30-52. Termination.

(a)

Right of termination. The county reserves the right to suspend, terminate and cancel a franchise and all rights and privileges of a franchisee thereunder after due process as specified by subsection (c) of this section for just and reasonable cause or in the event that any one of the following occurs:

(1)

The franchisee, after 30 days' notice by certified mail by the county, violates any provision of this article or any rule, order or determination of the county made pursuant to this article, except that if such violation by the franchisee is without fault or through excusable negligence.

(2)

The franchisee becomes insolvent, unable or unwilling to pay its debts, or is adjudged bankrupt.

(3)

The franchisee attempts to evade any of the provisions of this article or of the franchise agreement or practices any fraud or deceit upon the county.

(4)

The franchisee fails to commence construction within one year from the effective date of this article.

(5)

The franchisee fails to complete construction pursuant to the requirements of this article within the time required by its franchise.

(6)

The franchisee fails to provide service to its subscribers as required by the terms of this article, the franchise agreement, or the Cablevision Act of 1984, as amended, whichever is stricter.

(b)

Right of suspension. The county reserves the right to suspend any or all of the rights of a franchisee upon a finding that the franchisee is failing to provide efficient service to its subscribers within the unincorporated areas of the county or for any grounds specified in subsection (a) of this section. This shall include the right of the county to prohibit further expansion of service areas until service in the areas being served is brought up to minimum acceptable standards.

(c)

Procedures for termination. The franchise may be terminated in accordance with the following procedures:

(1)

The county administrator shall notify the franchisee in writing of the exact nature of the alleged violation constituting a ground for termination and give the franchisee 30 days, or such other greater amount of time as the county administrator may specify, to correct such violation or to present facts and argument in refutation of the alleged violation.

(2)

If within the designated time the franchisee does not remedy and/or put an end to the alleged violation, the board, after a public hearing, may direct the termination of the franchise if it determines that such action is warranted.

(Ord. No. 88-90, § 27)