(1) The City shall give written notice to Astound Broadband of its intent to revoke the franchise on the basis of any uncured noncompliance by Astound Broadband. The notice of intent to revoke may be combined with a notice of default if the City is satisfied that there has been a pattern of noncompliance. If the City does not provide notice of intent to revoke with the notice of default, the City shall provide an additional notice of intent to revoke. Any notice of intent to revoke shall set forth the exact nature of the noncompliance. Astound Broadband shall have 90 days from such notice to either object in writing and to state its reasons for such objection and provide any explanation or to cure the alleged noncompliance. If the City has not received a satisfactory response from Astound Broadband, the City Council of Millersburg shall hold a public hearing on the question of revocation. The City shall give Astound Broadband at least 30 days’ notice of the time and place of such a public hearing. Astound Broadband shall be entitled to appear at the public hearing and present evidence and arguments concerning its failure to comply with the franchise and the proposed revocation. If, at the close of the hearing, or at a later time after deliberations, the Council determines that the City’s original determination of default was correct, and that Astound Broadband has failed to cure the default, or offer a credible plan for cure, the City may revoke the franchise.

(2) Upon revocation or termination of the franchise, Astound Broadband shall remove its facilities from the streets of the City, or, subject to all pole license or rental agreements and requirements, provide City written notice that it is electing to abandon the system in place. Upon receipt of notice of intent to abandon the system, or the passage of 60 days after the notice of revocation has been sent to Astound Broadband, the City may, at its sole discretion, take ownership of the abandoned system, or remove the system and bill Astound Broadband for the out-of-pocket expense of removal, or any combination of the two options. The obligation to pay for such expenses shall survive the termination of this franchise. (Ord. 119 § 11, passed 1-12-2016)