§ 10-91. Revocation of license; administrative hearings.

(a)

The city may, subject to federal law, revoke any license for any of the following reasons:

(1)

Making false or misleading statements to the city or otherwise attempting to deceive the city with regard to a license or cable system;

(2)

Failing to provide the required construction bonds, security fund or insurance coverage;

(3)

Failing to pay license fees or other fees or payments required under this chapter or the license;

(4)

Repeated failure to maintain signal quality under the standards prescribed by this chapter and the license agreement;

(5)

Any sale, lease, assignment or transfer of control of the license without prior consent of the city;

(6)

Willful or grossly negligent repeated violations of any order or regulation of the city;

(7)

Excessive delays in beginning construction or reconstruction of the cable system, in meeting the required construction schedules for the initial service area, in following the line extension policy or in providing customer service after completion of construction; or

(8)

Any other protracted or recurring breach of this chapter or the license agreement which substantially affects the provision or quality of cable service, the ability of the city to effectively regulate a licensee or the city's collection of fees and charges.

(b)

The city shall give written notice of the revocation to the licensee, which notice shall contain the reasons for the revocation. Such notice shall either be personally served on the licensee or mailed to the licensee's last known address pursuant to the terms of the license.

(c)

A licensee may request an informal hearing on such revocation by submitting a written request to the city manager within thirty (30) days after the notice of revocation is given. An informal hearing before the city manager shall be held within thirty (30) days after the request for the same is received by the city. If a licensee does not request a hearing within said thirty (30) day period, the revocation shall take effect on the thirty-first day after service of the notice of revocation. If a hearing is requested, the revocation shall not take effect until after the informal hearing and the service of a new notice from the city manager on the licensee setting forth the city manager's final decision. Such notice shall be personally served on the licensee or mailed to the licensee's last known address pursuant to the terms of the license.

(d)

A licensee whose license has been revoked after an informal hearing with the city manager may appeal such decision to a hearing officer. The appeal shall be requested within thirty (30) days from the date on which such licensee is given notice of the city manager's final decision pursuant to subsection (c). The request shall be in writing, shall be filed with the city manager and shall set forth specifically the grounds for the appeal. If a timely appeal from the city manager's final decision to revoke a license is filed, such revocation shall be stayed pending the final determination of the appeal by the hearing officer.

(e)

The city manager shall appoint a hearing officer to conduct a hearing in accordance with this section. The hearing officer shall not be a regular employee of the city.

(f)

The burden of proof at the hearing shall be on the city to establish, by a preponderance of the evidence, that grounds for revocation of a license exist. The hearing officer shall hear such testimony and consider such evidence as is relevant to the determination of such issue. The hearing officer shall not be bound by technical rules of evidence or procedure in conducting the hearing.

(g)

The hearing officer shall render a written decision within thirty (30) days after the hearing is concluded based on the evidence presented by the city and the licensee. The decision of the hearing officer shall become final on the thirty-first day after the decision is rendered.

(Ord. No. 2053, § 1, 12-8-98)