Skip to main content
Loading…
This section is included in your selections.

A license, telecommunications franchise or cable franchise granted by the city to use or occupy rights of way may be revoked pursuant to the provisions of LMC 5.60.100(F), 5.60.110(C), and 5.60.120(C).

A. Notice and duty to cure. In the event that the city manager believes that grounds exist for revocation of a license or franchise, written notice shall be given of the apparent violation or noncompliance, including a short and concise statement of the nature and general facts of the violation or noncompliance. The grantee shall be given a reasonable period of time, not exceeding thirty days, to furnish evidence:

1. That corrective action has been, or is being actively and expeditiously pursued, to remedy the violation or noncompliance;

2. That rebuts the alleged violation or noncompliance;

3. That it would be in the public interest to impose some monetary damages, penalty or sanction less than revocation.

B. Standards for revocation or lesser sanctions. If persuaded that the grantee has violated or failed to comply with a material provision of this chapter or of a license, telecommunications franchise or cable franchise or applicable codes, statutes, or rules and regulations, the city manager shall make a preliminary determination whether to revoke the license, telecommunications franchise or cable franchise, and issue a written order, or to impose monetary damages, a penalty, or other such lesser sanction and cure, considering the nature, circumstances, extent and gravity of the violation as reflected by one or more of the following factors:

1. Whether the misconduct was egregious;

2. Whether substantial harm resulted;

3. Whether the violation was intentional;

4. Whether there is a history of prior violations of the same or other requirements;

5. Whether there is a history of overall compliance; and

6. Whether the violation was voluntarily disclosed, admitted or cured.

C. Appeal. Any person aggrieved by the granting or denying of a telecommunications license, telecommunications franchise or cable franchise or the renewal thereof pursuant to this chapter shall have the right to appeal to the city council as follows:

1. All appeals filed pursuant to LMC 5.60.130 must be filed in writing with the city manager within fifteen working days of the date of the decision appealed from;

2. All appeals filed pursuant to LMC 5.60.130 shall specify the error of law or fact, or new evidence that was not reasonably available at the time of the city manager’s decision, which shall constitute the basis of the appeal;

3. Upon receipt of a timely written notice of appeal, the city manager shall advise the city council of the pendency and schedule a date for a hearing. (Ord. 1114 §1, 1999).