Spokane Municipal Code

Title 10 Regulation of Activities

Chapter 10.27A Cable Communications Code

Article III. Franchise Conditions

Section 10.27A.350 Forfeiture and Termination

1. In addition to all other rights and powers retained by the City under this chapter and any franchise issued pursuant thereto, the city council reserves the right to forfeit and terminate a franchise and all rights and privileges of a franchisee in the event of a substantial violation or breach of its terms and conditions. A substantial violation or breach by a franchisee shall include, but shall not be limited to, the following:

1. 1. An uncured violation of any material provision of this chapter or a franchise issued thereunder, or any material rule, order or regulation of the City made pursuant to its power to protect the public health, safety and welfare.

1. 2. An attempt to evade any material provision of a franchise or practice of any fraud or deceit upon the cable system customers and subscribers or upon the City.

1. 3. Failure to begin or substantially complete any system construction or system extension as set forth in a franchise.

1. 4. Failure to provide the services promised in the application or specified in a franchise, or a reasonable substitute therefor.

1. 5. Failure to restore service after ten consecutive days of interrupted service, except when approval of such interruption is obtained from the City.

1. 6. Misreresentation of materials fact in the application for, or during negotiations relating to, a franchise.

1. 7. A continuous and willful pattern of inadequate service and failure to respond to subscriber complaints; or

1. 8. Failure to provide insurance, construction bond, letter of credit or indemnity as required by a franchise or this chapter.

2. None of the foregoing shall constitute a substantial violation or breach if a violation or breach occurs which is without fault of a franchisee or occurs as a result of circumstances beyond a franchisee’s reasonable control.

1. 1. A franchisee shall not be excused by economic hardship nor by nonfeasance or malfeasance of its directors, officers, agents or employees unless it is shown that damage to equipment causing a service interruption shall be deemed to be the result of sabotage or vandalism or malicious mischief by its employees or agent.

1. 2. A franchisee shall bear the burden of proof in establishing the existence of such conditions.

3. Should it desire to invoke forfeiture, the City, acting through the mayor or deputy mayor, shall make a written demand by certified mail that a franchisee comply with any provision, rule, order or determination under or pursuant to a franchise.

1. 1. If the violation or breach by a franchisee continues for a period of thirty days following such written demand without written proof that the corrective action has been taken or is being actively and expeditiously pursued, the city council may consider terminating a franchise, provided that a:

1. 1. 1. written notice thereof shall be given to the franchisee at least fifteen days in advance of any meeting at which the city council may consider the termination of a franchise; and

1. 1. 2. franchisee must be given an opportunity to appear before the city council in a public hearing to present its arguments, including the opportunity to offer evidence and question witnesses.

1. 1. 1. 1. A transcript or recording shall be made of such hearing.

1. 1. 1. 2. Based on the evidence of such hearing, the city council shall determine whether to terminate the franchise and shall issue a written opinion stating the reasons for its decision.

4. Should the city council determine, following the public hearing, that the violation or breach by a franchisee was the fault of the franchisee and within the franchisee’s control, the city council may, by resolution, declare that the franchise be forfeited and terminated; provided, however, the city council may, in its discretion, provide an opportunity for the franchisee to remedy the violation or breach and come into compliance with the franchise and this chapter so as to avoid the termination.

5. The city council may refer any hearing in this section or chapter to the City hearing examiner, subject to review by the city council to such extent as the city council may desire.

Date Passed: Monday, June 4, 2007

Effective Date: Wednesday, July 11, 2007

ORD C34041 Section 1 (Recodification)