§ 18. Revocation of franchise.

(a)

In addition to all of the rights and powers reserved by or pertaining to the County, the County reserves as an additional and as a separate and distinct power the right to terminate the Franchise and all rights and privileges of the Franchisee hereunder in any of the following events or for any of the following reasons:

(1)

Should the Franchisee by act or omission breach and fail to cure any material term or condition of this Ordinance on a repeated basis;

(2)

Should the Franchisee become insolvent, unable or unwilling to pay its debts or be adjudged a bankrupt or all or a substantial part of the Franchisee's facilities be sold under an instrument to secure a debt and not be redeemed by the Franchisee within thirty (30) days from the sale;

(3)

Should the Cable System or any substantial portion thereof materially fail to meet in total the minimum FCC signal reception and Subscriber viewing standards for three (3) consecutive annual tests;

(4)

Should the Franchisee be found to have committed any fraud or deceit in its conduct or relations under the Franchise with the County or Subscribers or potential Subscribers;

(5)

Should the Franchisee materially fail to maintain minimum technical or customer service standards required by federal law and this Ordinance for three (3) consecutive quarterly reporting periods, following notice to the Franchisee to commence said reporting and appropriate cure periods;

(6)

Repeated failure to remedy violations shall be grounds for Franchise revocation.

(b)

For Franchise violations that constitute grounds for revocation described in subsection (a), Franchisee shall be given thirty (30) days' written notice to cure said violations. If the violations are not cured then Franchisee shall be given thirty (30) days' written notice of a hearing to be held before the Board of County Commissioners to determine the appropriate remedy. At the hearing, the Board of County Commissioners shall hear and consider all relevant evidence and determine whether or not to revoke the Franchise Agreement. The Franchisee shall be entitled to present any information it deems relevant to the issue of revocation and shall have the right to question and cross examine any persons presenting information on the issue of revocation to the Board of County Commissioners.

(c)

No revocation shall be effected unless or until the County shall have adopted a resolution setting forth in writing the causes and reasons for the revocation and the effective date thereof.

(d)

If the Franchise is revoked and the County acquires ownership of the Cable System or effects a transfer of the System, the acquisition or transfer shall be at fair market value; or in the case of any Franchise existing on the effective date of this Chapter, at a price determined in accordance with the Franchise if such Franchise contains provisions applicable to such an acquisition or transfer.

(e)

Unless expressly required by applicable law, under no circumstances is the County obligated to take ownership of the System.

(f)

Any dispute arising with respect to this Ordinance or a Franchise Agreement granted pursuant to it shall be subject to review by the state and federal courts situated in and for Clay County, Florida.

(Ord. No. 2006-6, 2-28-06)