Southtowns Record

Franchise Agrrement

Government
Town of Wales
Kind
Other
Topics
Public safety, Audits and oversight, Roads and traffic, Water, sewer and drainage

Original document

Text · page 10 of 14

SECTION 14
  Enforcement or Revocation

14.1 Notice of Violation. If the Grantor believes that the Grantee has not complied with the
terms of the Franchise, the Grantor shall first informally discuss the matter with Grantee. If these
discussions do not lead to resolution of the problem, the Grantor shall notify the Grantee in writing
of the exact nature of the alleged noncompliance (the “Violation Notice”).

14.2 Grantee’s Right to Cure or Respond. The Grantee shall have thirty (30) days from
receipt of the Violation Notice to (i) respond to the Grantor, contesting the assertion of
noncompliance, or (ii) to cure such default, or (iii) if, by the nature of default, such default cannot
be cured within the thirty (30) day period, initiate reasonable steps to remedy such default and
notify the Grantor of the steps being taken and the projected date that they will be completed.

14.3 Public Hearing. If the Grantee fails to respond to the Violation Notice received from the
Grantor, or if the default is not remedied within the cure period set forth above, the Board shall
schedule a public hearing if it intends to continue its investigation into the default. The Grantor
shall provide the Grantee at least twenty (20) days prior written notice of such hearing, which
specifies the time, place and purpose of such hearing, notice of which shall be published by the
Clerk of the Grantor in a newspaper of general circulation within the Grantor in accordance with
subsection 15.8 hereof. At the hearing, the Board shall give the Grantee an opportunity to state its
position on the matter, present evidence and question witnesses, after which it 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 ten (10) business days. The
decision of the Board shall be made in writing and shall be delivered to the Grantee. The Grantee
may appeal such determination to an appropriate court, which shall have the power to review the
decision of the Board de novo. The Grantee may continue to operate the Cable System until all
legal appeals procedures have been exhausted.

14.4 Enforcement. Subject to applicable federal and State law, in the event the Grantor, after
the hearing set forth in subsection 14.3 above, determines that the Grantee is in default of any
provision of the Franchise, the Grantor may:

  A.  Seek specific performance of any provision, which reasonably lends itself to such
  remedy, as an alternative to damages; or

  B.  Commence an action at law for monetary damages or seek other equitable relief; or

  C.  In the case of a substantial default of a material provision of the Franchise, seek to
  revoke the Franchise itself in accordance with subsection 14.5 below.

14.5  Revocation.

  A.  Prior to revocation or termination of the Franchise, the Grantor 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, including one or more instances of substantial
  noncompliance with a material provision of the Franchise. The notice shall set forth
  the exact nature of the noncompliance. The Grantee shall have sixty (60) days from

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