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Stevensville |
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Code of Ordinances |
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Appendix |
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Appendix A. Franchises |
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Article III. Comcast of Indiana/Michigan/Pennsylvania |
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11. Enforcement and termination of franchise. |
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11.1.
Notice of violation or default. In the event the
franchising authority believes that the grantee has not complied with
the material terms of the franchise, it shall notify the grantee in
writing with specific details regarding the exact nature of the alleged
noncompliance or default.
11.2.
Grantee's right to cure or respond. The grantee
shall have 45 days from the receipt of the franchising authority's
written notice: (A) to respond to the franchising authority, contesting
the assertion of noncompliance or default; or (B) to cure such default;
or (C) in the event that, by nature of the default, such default cannot
be cured within the forty-five-day period, initiate reasonable steps
to remedy such default and notify the franchising authority of the
steps being taken and the projected date that they will be completed.
11.3.
Public hearings. In the event the grantee fails to
respond to the franchising authority's notice or in the event
that the alleged default is not remedied within 45 days or the date
projected by the grantee, the franchising authority shall schedule
a public hearing to investigate the default. Such public hearing shall
be held at the next regularly scheduled or special meeting of the
franchising authority that is scheduled at a time that is no less
than 10 business days therefrom. The franchising authority shall notify
the grantee in writing of the time and place of such meeting and provide
the grantee with a reasonable opportunity to be heard.
11.4.
Enforcement. Subject to applicable federal and state
law, in the event the franchising authority, after such public hearing,
determines that the grantee is in default of any provision of the
franchise, the franchising authority may:
11.4.1.
Seek specific performance of any provision
that reasonably lends itself to such remedy as an alternative to damages,
or seek other equitable relief; or
11.4.2.
In the case of a substantial default of a
material provision of the franchise, declare the franchise agreement
to be revoked in accordance with the following:
(i)
The franchising authority shall give written
notice to the grantee of its intent to revoke the franchise on the
basis of a pattern of noncompliance by the grantee, or one or more
instances of substantial noncompliance with a material provision of
the franchise. The notice shall set forth with specificity the exact
nature of the noncompliance. The grantee shall have 90 days from the
receipt of such notice to object in writing and to state its reasons
for such objection. In the event the franchising authority has not
received a response from the grantee or upon receipt of the response
does not agree with the grantee's proposed remedy, it may then
seek termination of the franchise at a public hearing. The franchising
authority shall cause to be served upon the grantee, at least 10 days
prior to such public hearing, a written notice specifying the time
and place of such hearing and stating its intent to request termination
of the franchise.
(ii)
At the designated hearing, the franchising authority
shall give the grantee an opportunity to state its position on the
matter, present evidence and question witnesses, after which the franchising
authority shall determine whether or not the franchise shall be revoked.
The public hearing shall be on the record and a written transcript
shall be made available to the grantee within 10 business days. The
decision of the franchising authority shall be in writing and shall
be delivered to the grantee by certified mail. The grantee may appeal
such determination to an appropriate court, which shall have the power
to review the decision of the franchising authority "de novo" and
to modify or reverse such decision as justice may require. Such appeal
to the appropriate court must be taken within 60 days of the issuance
of the determination of the franchising authority.
11.5.
Technical violation. The franchising authority agrees
that it is not its intention to subject the grantee to penalties,
fines, forfeitures or revocation of the franchise for so-called "technical"
breach(es) or violation(s) of the franchise, which shall include,
but not be limited, to the following:
11.5.1.
In instances or for matters where a violation
or a breach of the franchise by the grantee was good faith error that
resulted in no or minimal negative impact on the customers within
the franchise area; or
11.5.2.
Where there existed circumstances reasonably
beyond the control of the grantee and which precipitated a violation
by the grantee of the franchise, or which were deemed to have prevented
the grantee from complying with a term or condition of the franchise.
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