REVOCATION PROCEDURES. A) The town shall notify the Grantee of its intention to revoke, terminate or cancel this Franchise. The written notice shall describe in reasonable detail the specific violation so as to afford Grantee an opportunity to remedy the violation. B) Grantee shall have ninety (90) days subsequent to receipt of the notice in which to correct the violation before the Town may formally revoke, terminate or cancel this Franchise. Grantee may, within thirty (30) days of receipt of the notice, notify the Town that there is a dispute as to whether a violation has, in fact, occurred. Such notice by Grantee to the Town shall stay the ninety (90) day period described above. C) Upon receipt of the Grantee’s notification of a dispute as to whether a violation has, in fact, occurred pursuant to paragraph (B) above, the town shall hear Grantee’s dispute and shall determine whether a default or violation by Grantee has occurred. In the event the Town shall determine that a default or violation has occurred, the Town shall supplement the decision with written findings of fact. D) If after hearing the dispute, Grantee has been found to be in default, Grantee shall then have ninety (90) days (or such longer period of time as may be reasonably necessary) from such a determination to remedy the violation or failure. At any time after that ninety (90) day period the Town may by formal action at a public hearing affording reasonable notice and opportunity for Grantee to be heard, revoke, terminate or cancel this Franchise if Grantee fails to cure such default. E) Any such final decision of the Town may be appealed to any court of competent jurisdiction, which filing shall stay any such revocation, termination or cancellation of this Franchise.
Appears in 1 contract
Sources: Cable Television Franchise Agreement
REVOCATION PROCEDURES. A) The town Town shall notify the Grantee of its intention to revoke, terminate or cancel this Franchise. The written notice shall describe in reasonable detail the specific violation so as to afford Grantee an opportunity to remedy the violation.
B) Grantee shall have ninety (90) days subsequent to receipt of the notice in which to correct the violation before the Town may formally revoke, terminate or cancel this Franchise. Grantee may, within thirty (30) days of receipt of the notice, notify the Town that there is a dispute as to whether a violation has, in fact, occurred. Such notice by Grantee to the Town shall stay the ninety (90) day period described above.
C) Upon receipt of the Grantee’s notification of a dispute as to whether a violation has, in fact, occurred pursuant to paragraph (B) above, the town Town shall hear Grantee’s dispute and shall determine whether a default or violation by Grantee has occurred. In the event the Town shall determine that a default or violation has occurred, the Town shall supplement the decision with written findings of fact.
D) If after hearing the dispute, Grantee has been found to be in default, Grantee shall then have ninety (90) days (or such longer period of time as may be reasonably necessary) from such a determination to remedy the violation or failure. At any time after that ninety (90) day period the Town may by formal action at a public hearing affording reasonable notice and opportunity for Grantee to be heard, revoke, terminate or cancel this Franchise if Grantee fails to cure such default.
E) . Any such final decision of the Town may be appealed to any court of competent jurisdiction, which filing shall stay any such revocation, termination or cancellation of this Franchise.
Appears in 1 contract
Sources: Cable Television Franchise Agreement