Sec. 5-61. Revocation of license.
A. In addition to all other rights and powers retained by the City under this chapter or otherwise, any license issued hereunder may, pursuant to this section, be revoked, altered, or suspended by the City, except as may be prohibited by Federal law. Such revocation, alteration or suspension may occur in the event of a breach of the license terms and conditions, or this chapter, which materially affects the provision or quality of cable services, the ability of the City to effectively regulate the licensee, or the City’s collection of fees or charges. The list set forth below in this section shall be considered material breaches. The list is not exhaustive:
1. Willful, false or misleading statements to the City;
2. Failure to file and maintain the faithful performance bond, security fund or insurance coverage or to pay license fees as required under this chapter;
3. Repeated failure, as determined by the City, to maintain signal quality under the standards prescribed by this chapter and the license;
4. Any sale, lease, assignment, or transfer of control of its license without prior written consent of the City;
5. Violation of material terms of this chapter or material terms of a license issued pursuant to this chapter;
6. Any instance in which all or part of licensee’s facilities are sold under an instrument to secure a debt and are not redeemed by the licensee within 30 days from said sale;
7. Fraud or deceit by the licensee, or attempt thereof in its conduct or relations under or pursuant to the license;
8. Failure to meet any conditions established in a license or failure to perform as required in areas designated as grounds for revocation in the license;
9. Willful or grossly negligent repeated violations of this chapter, the license, or representations made in the application process, or any rule, order or regulation of the City;
10. Recurrent failure after notice by the City, to provide service to any part of the licensee service area, subject to the line extension policy.
B. Upon determination by the City Manager that one or more of the above grounds or other grounds for revocation, alteration or suspension of the license exist, the City Manager will notify the licensee of that determination, state the major causes and reasons supporting the determination, and make a written demand that the licensee comply and shall state the potential remedies for noncompliance. If a violation by the licensee continues for a period beyond that set forth in the written demand without written proof that the corrective action as approved by the City has been taken or is being actively and expeditiously pursued, the City may revoke, alter or suspend the license as provided in this chapter.
C. Upon revocation of a license, the City may declare a forfeiture, whereupon all rights of the holders of the license will immediately be divested without a further act upon the part of the City, and the licensee must, at the option of the City, remove its structures or property from the streets and public ways and restore them to such condition as the City may require as provided in Section 5-21. Upon failure to do so, the City may perform the work and collect the cost thereof from the licensee. (Ord. No. G-6034, 2015)