§ 15-56. Franchise revocation.

(a)

In addition to all the rights and powers reserved to the county, the county reserves the right to terminate the franchise if:

(1)

A grantee, by act or omission, violates any material term of the franchise, and, within 30 days following written demand by the county, fails to comply or, if compliance can not reasonably be effected within 30 days, fails to commence cure of the violation and proceed diligently to effect compliance.

(2)

A grantee becomes insolvent, unable or unwilling to pay its debts, or is adjudged bankrupt.

(3)

A grantee knowingly makes false statements in connection with any public filing required by this article or applicable law.

(4)

A grantee fails to cure promptly any condition which a court of appropriate jurisdiction finds to be a violation of the Virginia Consumer Protection Act of 1977, as amended.

(b)

The grantee shall not be declared at fault or be subject to revocation under any provision of this article whenever the performance of any such provision is prevented for reasons beyond the grantee's control. A fault shall not be deemed to be beyond the grantee's control, however, if the fault is within the control of a corporation or other business entity in which the grantee holds a controlling interest, or which holds directly or indirectly a controlling interest in the grantee.

(c)

If the board determines after a public hearing that a grantee's act of noncompliance was without just cause, the board may adopt a resolution which terminates the franchise and instructs the grantee to promptly remove from the public way all of its cable television facilities within 120 days from the date the grantee receives a written copy of such resolution. In the alternative, the board may adopt a resolution authorizing the county to purchase the assets of the grantee's cable television system at an equitable price in accordance with federal law and the provisions of this article, unless the grantee complies within such reasonable period as the board may fix.

(Code 1978, § 7-16)

(Code 1978, § 7-16)