2.0.A. SWCSR 12-19-2018 - Laserfiche WebLink

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1. The Grantee has violated any material requirement or provision of the Cable Ordinance or a Franchise and has failed to timely cure; or 2. The Grantee has attempted to evade any of the material provisions of the Cable Ordinance or a Franchise; or 3. The Grantee has practiced fraud or deceit upon the City or a Subscriber; or 4. The Grantee has filed for bankruptcy. b. During any revocation proceeding and any appeal period, the Franchise will remain in full force and effect unless the term thereof sooner expires. Section 14.3 Compliance with Federal, State and Local Laws. The City and Grantee will conform to federal and state laws and rules regarding Cable Service or the System as they become effective. Section 14.4 Equal Protection. The City acknowledges that under Minn. Stat. §238.08, Subd. 1(b) it may only grant additional Franchises to provide Cable Service within the City on terms and conditions no more favorable or less burdensome than those in any then-current Franchise which pertain to: (1) the area served; (2) public, educational, or governmental access requirements; or (3) franchise fees. Additionally, and beyond the requirements of Minn. Stat. §238.08, any additional Franchises to provide Cable Service within the City shall not be granted on more favorable or less burdensome conditions than those in any then-current Franchise issued pursuant to this Cable Ordinance with regard to ROW access and responsibilities, complimentary service to public buildings, penalties and security, sale or transfer of ownership. a. If any other provider of Cable Services is lawfully authorized by the City to provide such services using facilities located wholly or partly in the Rights-of-Way of the City (“Additional Provider(s)”), the City shall, within thirty (30) days of a written request from a current Franchise holder, use best efforts to modify the current Franchise holder’s Franchise on a mutually acceptable basis to ensure that the obligations imposed by this Section 14.4 have been met. b. If the City fails to comply with this Section 14.4 or the parties fail to reach agreement under subsection a. above, a current Franchise holder shall have the right to initiate an action in the state or federal district court for breach of contract or other appropriate claims and seek any and all appropriate relief, including specific performance. c. Nothing in this Ordinance shall impair the right of the City or a current Franchise holder to seek other remedies available under law. d. In the event City initiates the franchising process pursuant to Minn. Stat. §238.081, the City shall notify all current Franchise holders in writing of its intent to initiate the RJV-247390v5 14 SH255-1