(a)
Revocation and Termination. The county board of supervisors may, after thirty days'
written notice, revoke a franchise or reduce the term of a franchise if it finds,
after a hearing, that a cable communications system operator has violated this chapter
or its franchise; has defrauded or attempted to defraud the county or subscribers;
or has attempted to evade the requirements of this chapter or its franchise. Except
as to violations that are impossible to cure, and as provided in subsections (b) and
(c) of this section, the franchise may only be revoked if the franchisee: (1) was
given notice of the default; (2) thirty days to cure the default; and (3) the franchisee
failed to cure the default, or to propose a schedule for curing the default acceptable
to the county where it is impossible to cure the default in thirty days.
(b)
Exception for Certain Acts. No opportunity to cure is required for repeated violations,
and fraud and attempted fraud shall be deemed incurable. Further, the county may declare
a franchise forfeited without opportunity to cure where a franchisee: (1) intentionally
stops providing service it is required to provide; or (2) transfers the franchise
without the prior consent of the county.
(c)
Exception for Bankruptcy. A franchise will terminate automatically by force of law
one hundred twenty calendar days after an assignment for the benefit of creditors
or the appointment of a receiver or trustee to take over the business of the franchisee,
whether in a receivership, reorganization, bankruptcy assignment for the benefit of
creditors, or other action or proceeding. However, the franchise may be reinstated
within that one hundred twenty day period, if: (1) such assignment, receivership or
trusteeship has been vacated; or (2) such assignee, receiver or trustee has fully
complied with the terms and conditions of this chapter and the franchise, and has
executed an agreement, approved by any court having jurisdiction, assuming and agreeing
to be bound by the terms and conditions of this chapter and the franchise. In the
event of foreclosure or other judicial sale of any of the facilities, equipment or
property of a franchisee, the county may revoke the franchise following a public hearing
before the county board of supervisors, by serving notice upon the franchisee and
the successful bidder at the sale, in which event the franchise and all rights and
privileges thereunder will be revoked and will terminate thirty calendar days after
serving such notice, unless: (1) the county has approved the transfer of the franchise
to the successful bidder; and (2) the successful bidder has covenanted and agreed
with the county to assume and be bound by the terms and conditions of the franchise
and this chapter.
(d)
Effect of Termination or Forfeiture. Upon termination or forfeiture of a franchise,
whether by action of the county as provided above, or by passage of time, the franchisee
must stop using the cable communications system for the purposes authorized by the
franchise. The county may take possession of some or all of franchisee's facilities,
or require the franchisee or its bonding company to remove some or all of the franchisee's
facilities from the county, and restore affected property to its same or better, condition.
This provision does not permit the county to remove facilities that are used to provide
another service for which the franchisee holds a valid franchise issued by the county.
(e)
Remedies Cumulative. Remedies provided for under this chapter or under a franchise
shall be cumulative. Recovery by the county of any amounts under insurance, the performance
bond, the security fund or letter of credit, does not limit a franchisee's duty to
indemnify the county; or relieve a franchisee of its franchise obligations or limit
the amounts owed to the county.
(f)
Penalties. Any person violating the provisions of this article shall be deemed guilty
of a misdemeanor and upon conviction thereof shall be punished as specified in California
Penal Code Section 19, as amended.
