§ 22-27. Violations; penalties; termination and revocation.  


Latest version.
  • (a)

    If a grantee fails to comply with, or violates, any material provision of this chapter or its franchise agreement, the county shall have the right to impose certain penalties upon the grantee or, under certain circumstances, to terminate the grantee's franchise and revoke the privileges granted thereunder; provided, however, that all of the following procedures and requirements must be met before any such actions may take place:

    (1)

    The county shall notify the grantee in writing of any material violation in or failure to comply with a material term of this chapter or its franchise agreement which the county believes has occurred.

    (2)

    The grantee shall have 30 days following receipt of such written notice from the county to respond that it does not believe a material violation has occurred or to commence correction of the alleged violation or failure to comply and, within a reasonable amount of time thereafter, to correct such violation or failure to comply.

    (3)

    If, after such curative period, the grantee has failed to commence correction of the alleged violation, or failed to correct the violation, as the case may be, or if the grantee disputes the allegation that a material violation has taken place, the county shall schedule a hearing before the board of commissioners, at which time the grantee shall be provided an opportunity to be heard on the issue of noncompliance with full rights of due process. The grantee shall be afforded at least ten days' written notice of such hearing.

    (4)

    If, upon the conclusion of such hearing, the board, by majority vote, concludes that the grantee has violated a material provision of this chapter or its franchise agreement, the county manager shall provide the grantee with written notice of the decision and any monetary penalty the board has decided to impose consistent with subsection (b) of this section. The grantee's surety bond shall act as security for the payment of such penalty until the issue of whether a material violation has taken place has been finally resolved pursuant to this section.

    (5)

    The grantee shall have 30 days after receiving the board's written decision to pay the penalty then accrued or to appeal the decision of the board to a state or federal court of competent jurisdiction as set forth in this section.

    (b)

    As contemplated in this section, the following monetary penalties, not to exceed those set forth in this subsection, may be chargeable to the grantee on a per day basis. Any penalties assessed by the board shall be due and payable, and being to accrue, as of the date of the board's decision that the grantee has violated a material provision of this chapter or its franchise agreement.

    (1)

    For failure to commence operations; to provide access channel capacity or facilities; or to fail to meet service requirements defined in this chapter after receiving written notice from the county, per day ..... $200.00

    (2)

    For failure to provide material data or reports imposed by this chapter after receiving written notice from the county, per day ..... $50.00

    (3)

    For failure to maintain technical standards imposed by this chapter after receiving written notice from the county, per day ..... $100.00

    (4)

    For failure to extend service to qualifying subscribers imposed by this chapter after receiving written notice from the county, per day ..... $150.00

    (5)

    For failure to meet other material requirements, (other than failure to make franchise fee payments, which shall bear interest at a rate of ten percent) imposed by this chapter after receiving written notice from the county, per day ..... $75.00

    (c)

    If the grantee appeals the decision of the board to a court of competent jurisdiction, the decision of the courts, including any decisions rendered on appeal, shall be final and binding upon the grantee and the county with respect to all issues involved. Any penalty previously assessed by the board shall not continue to accrue during such court proceedings. All parties to such court proceedings shall bear their own costs unless the court orders otherwise.

    (d)

    If the grantee fails to pay to the county franchise fees lawfully accrued, undisputed and payable to the county, or commits repeated violations of material provisions of this chapter or its franchise agreement, the county may formally terminate the franchise and revoke the privileges granted thereunder. In such an event, the county shall follow the same procedures as are set forth in subsection (a) of this section, and the grantee shall be afforded the same rights as are set forth in this section. If the county's termination and revocation of grantee's franchise are upheld, the grantee shall be afforded all rights set forth in the Cable Act with respect to disposition of its cable system in the county.

(Ord. of 9-8-87; Code 1977, § 3-8-27; Amd. of 2-25-14)