(a) A cable operator shall not be excused from complying with any of the terms and conditions of this chapter or the franchise agreement, as a result of any failure of the District, upon any one or more occasions, to insist upon the cable operator's performance or to seek the cable operator's compliance with any one or more of such terms or conditions.
(b) A pending litigation or an appeal to a regulatory body or court of competent jurisdiction shall not excuse a cable operator from the performance of its obligations under this chapter or the franchise agreement unless a stay is obtained or the cable operator is otherwise excused from performance by operation of law. Failure of the cable operator to perform such obligations because of pending litigation or appeal, in the absence of a stay issued by a court of competent jurisdiction, may result in forfeiture or revocation pursuant to the provisions of this chapter or the franchise agreement.
(Aug. 21, 1982, D.C. Law 4-142, § 1301, as added Oct. 9, 2002, D.C. Law 14-193, § 2(b), 49 DCR 7334.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 14-193, see notes following § 34-1251.01.
Whenever this chapter or the franchise agreement sets forth a time for an act to be performed by or on behalf of the cable operator, the time shall be deemed of the essence and the cable operator's failure to perform within the time provided shall, in all cases, be sufficient grounds for the District to invoke the remedies available under the terms and conditions of this chapter or the franchise agreement.
(Aug. 21, 1982, D.C. Law 4-142, § 1302, as added Oct. 9, 2002, D.C. Law 14-193, § 2(b), 49 DCR 7334.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 14-193, see notes following § 34-1251.01.
(a) Whenever a cable operator shall willfully or repeatedly fail, refuse, or neglect to conduct or operate its cable system in accordance with the terms of this chapter or the franchise, or to comply with the conditions of the use of the public rights-of-way, or in other ways violate the terms and conditions of this chapter or a franchise agreement within the preceding 3 years, the Executive Director shall notify the cable operator in writing, setting forth the nature and facts of such violations. If within 20 business days following such written notification the cable operator has not furnished proof that corrective action has been taken or is being actively and expeditiously pursued to the satisfaction of the Executive Director, or that the alleged violation did not occur, the Executive Director, through the Mayor, shall submit a resolution for termination of the franchise to the Council.
(b) If the Council determines that the cable operator had just cause for noncompliance, the Council shall direct the cable operator to comply within such time and manner and on such terms and conditions as are reasonable, or if appropriate, waive compliance in the specific matter presented.
(c) If the Council determines that the cable operator's noncompliance was without just cause, the Council may approve the resolution to terminate the franchise.
(d) No revocation or termination shall be effective unless the Council, or a committee of the Council, shall have held a public hearing where interested parties and the public may be heard and the Council shall set forth the reasons for the termination. In the event the termination of the franchise depends upon a finding of fact, the finding of fact as made by the Council shall be deemed to be conclusive, unless modified by a court of competent jurisdiction.
(e) The cable operator shall not be declared in violation of or subject to any sanctions under this chapter in any case in which the performance of the cable operator is prevented for reasons beyond its control. A violation shall not be deemed beyond the cable operator's control if committed by a person in whom the cable operator holds a controlling interest, be it directly or indirectly.
(f) The termination of a franchise under this section shall in no way affect any of the rights of the District under the franchise or any provision of law.
(Aug. 21, 1982, D.C. Law 4-142, § 1303, as added Oct. 9, 2002, D.C. Law 14-193, § 2(b), 49 DCR 7334.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 14-193, see notes following § 34-1251.01.
