7.04.350 Forfeiture or Revocation

The Commission reserves the right to revoke any Franchise Agreement entered hereunder and rescind all rights and privileges associated with the Franchise Agreement.

(a) The Commission may revoke the Franchise Agreement under the following circumstances, each of which shall represent a default and breach under this chapter and Franchise Agreement:

(1) If the franchisee shall default in the performance of any of the material obligations under this chapter or under such documents, contracts, and other terms and provisions entered into by and between the Commission and the franchisee.

(2) If the franchisee shall fail to provide or maintain in full force and effect the liability and indemnification coverage or the performance bond as required in the Franchise Agreement.

(3) If the franchisee shall violate any lawful orders or rulings of either the Commission or FCC.

(4) If the franchisee evades any of the provisions of this chapter or the Franchise Agreement or practices any fraud or deceit upon the Commission or Communication Service subscribers.

(5) If the franchisee fails to meet the construction schedule contained in the Franchise Agreement or beyond any extended date set by the Commission.

(6) If the franchisee fails to restore service after ninety-six (96) consecutive hours of interrupted service, except when approval of such interruption is obtained from the Commission.

(7) If the franchisee makes or causes to be made material misrepresentations of fact in the application for or negotiation of the franchise or any extension or renewal thereof.

(8) If the franchisee ceases to provide all services for any reason within the control of the franchisee over the cable communications system.

(b) The franchisee shall not be declared at fault or be subject to any sanction under any provision of this chapter in any case, in which performance of any such provision is prevented for reasons beyond the franchisee's control. A fault shall not be deemed to be beyond the franchisee's control if committed by a corporation or other business entity in which the franchisee holds a controlling interest, whether held directly or indirectly.

(c) Pending litigation or any appeal to any regulatory body or court having jurisdiction over the franchisee shall not excuse the franchisee from the performance of its obligations under this chapter or the Franchise Agreement. Failure of the franchisee to perform such obligations because of pending litigation or petition may result in forfeiture or revocation pursuant to the provisions of this section.

(d) Procedure Prior to Revocation:

(1) The Commission shall make written demand that the franchisee do so comply with any such requirement, limitation, term condition, or rule and regulation or correct any action deemed cause for revocation. If the failure, refusal, or neglect of the franchisee continues for a period of thirty (30) days following such written demand, the Commission shall schedule a hearing of the full Commission and cause to be served upon such franchisee a written notice of this intent to request termination of the Franchise Agreement within seven (7) days of the hearing. The notice shall include the time and place of the hearing, notice of which shall be published in a public location at least once seven (7) days before such meeting.

(2) The Commission shall hear any persons interested therein and shall determine in its discretion whether or not any failure, refusal, or neglect by the franchisee was with just cause.

(3) If such failure, refusal, or neglect by the franchisee was with just cause, as defined by the Commission, the Commission shall direct the franchisee to comply within such time and manner and upon such terms and conditions as are reasonable.

(4) If the Commission shall determine that such failure, refusal, or neglect by the franchisee was without just cause, then the Commission shall declare that the franchisee's Franchise Agreement shall be terminated and the performance bond forfeited unless there is compliance by the franchisee within a specified period of time not to exceed ninety (90) days or such longer period as is reasonably necessary to comply as approved by the Commission, whose approval shall not be reasonably withheld.

(e) In the event that the Commission does not renew or revokes a Franchise Agreement, the Commission may, in its sole discretion, do any of the following:

(1) Allow Saint Regis Mohawk Tribe to purchase the Communication Service System at fair market value;

(2) Effect a transfer of ownership of the Communication Service System to another party at fair market value;

(3) Order the removal of the Communication Service System facilities required by public necessity from the Commission within a reasonable period of time as determined by the Commission or require the original franchisee to maintain and operate its system for a period of six (6) months or until such further time as is mutually agreed upon. The franchisee may convey its ownership or interest in the facilities constituting the cable system to a successor franchisee approved by the Commission. Any such facilities that are not so conveyed shall be considered to be abandoned to the ownership and use of the Commission, subject to the right of the franchisee to remove any such facilities or any portion of such facilities that may be salvageable;

(4) In removing its plant, structures, and equipment, the franchisee shall refill, at its own expense, any excavation that shall be made by it and shall leave all public ways and places in as good a condition or better as that prevailing prior to the franchisee's removal of its equipment and appliances without affecting the electrical or telephone cable wires or attachments. The Commission shall inspect and approve the condition of the public ways and public places and cables, wires, attachments, and poles after removal. The liability, indemnity, insurance, and performance bond as provided herein shall continue in full force and effect during the period of removal and until full compliance by the franchisee with the terms and conditions of this Subsection, this chapter, and the Franchise Agreement.

(5) In the event of a failure by the franchisee to complete any work required by Commission or law within the time as may be established and to the satisfaction of the Commission, the Commission may cause such work to be done, and the franchisee shall reimburse the Commission the cost thereof within thirty (30) days after receipt of an itemized list of such costs, or the Commission may recover such costs through the performance bond provided by the franchisee. The Commission shall be permitted to seek legal and equitable relief to enforce the provisions of this Subsection.

(f) Upon either the expiration or revocation of a Franchise Agreement, the Commission may require the franchisee to continue to operate the system for a period of six (6) months from the date of such expiration or revocation or until such time as is mutually agreed upon. The franchisee shall, as trustee for its successor in interest, continue to operate the Communication Service System under the terms and conditions of this chapter and the Franchise Agreement and to provide the regular subscriber service and any and all of the services that may be provided at the time. The Commission shall be permitted to seek legal and equitable relief to enforce the provisions of this Subsection.

(g) The franchisee may seek recourse as available by law or regulation.