Big Bear Lake Municipal Code Art. XXIX Termination Procedures

A. The cable administrator shall provide notice and opportunity to cure for each occurrence, event, incident, violation, failure, refusal, neglect or breach of this chapter, the franchise agreement, local, state, or federal law or regulation which the cable administrator deems sufficient to warrant termination of the franchise agreement.

B. Notice and the opportunity to cure shall be in writing, sent by certified mail, return receipt requested, to the franchisee's local place of business or any other place reasonably calculated to provide such notice to the franchisee. The amount of time given the franchisee to cure such occurrence, event, incident, violation, failure, refusal, neglect or breach shall be as provided by specific provision within this chapter.

C. The cable administrator shall make a written notice to cure and demand that a franchisee comply with any provision, rule, order, or determination under or pursuant to the cable service provider ordinance or the franchise agreement. If the occurrence, event, incident, violation, failure, refusal, neglect or breach by a franchisee continues for a period beyond the stated opportunity to cure period following such written demand without written proof that the corrective action has been taken or is being actively and expeditiously pursued, the cable administrator may place the issue of termination of a franchise before the council. The cable administrator shall cause to be served upon franchisee, at least thirty days prior to the day of such council meeting, a written notice of intent to request termination and the time and place of the meeting. Such notice shall specify the failure alleged to have occurred. Public notice shall be given at least once of the meeting and the issue which the council is to consider and such notice shall be published in the newspaper in which the city publishes its other legal notices.

(Ord. 98-287 § 2, 1998)

A. The council shall hear and consider the issue and shall hear any person interested therein and any relevant evidence, and shall determine, whether or not any violation, breach, failure, refusal or neglect by a franchisee has occurred, after affording franchisee rights of due process to be heard, to present all relevant evidence and witnesses and to question opposing witnesses. The franchisee may, at its own expense, make a transcript of any such hearing or share equally with the city the costs of obtaining a transcript of such hearing.

B. At the completion of the hearing or a reasonable time thereafter, the council shall issue a written determination as to whether such an occurrence, event, incident, violation, failure, refusal, neglect or breach has occurred based upon the record of such proceeding, stating with particularity the reasons for such determination. A copy of the council's determination shall be provided to the franchisee.

C. In the event that the council finds that:

1. No failure occurred,

2. The franchisee remedied the failure or (3) the franchisee promptly commenced to remedy such failure following receipt of written notice from the cable administrator and actively and expeditiously proceeded, or is actively and expeditiously proceeding, to complete such remedy, the proceedings shall terminate and no penalty or other sanctions shall be imposed.

(Ord. 98-287 § 2, 1998)

The council shall base its decision on a preponderance of evidence from the record established during the council hearing. If the council determines that the occurrence, event, incident, violation, failure, refusal, neglect or breach by a franchisee of a term or condition of this chapter, the franchise agreement, or other law or regulation was the fault of the franchisee and within its control, following the notice and opportunity to cure and due process requirements of this, the council may declare the franchise terminated. The council's decision to terminate is final and no other administrative remedies or procedures are provided to a terminated franchisee.

(Ord. 98-287 § 2, 1998)

Any decision by the city to terminate the franchise agreement is subject to review through the provisions of the Cable Act unless otherwise agreed to between the city and the franchisee.

(Ord. 98-287 § 2, 1998)

In the event of termination, the franchisee shall continue to provide service until the effective date of the termination.

(Ord. 98-287 § 2, 1998)