§ 12-167. Enforcement.

(a)

Subject to applicable federal and state law, in the event the franchising authority, after such meeting, determines that the grantee is in default of any provision of the franchise, the franchising authority may:

(1)

Seek specific performance of any provision, which reasonably lends itself to such remedy, as an alternative to damages;

(2)

Commence an action at law for monetary damages or seek other equitable relief; or

(3)

In the case of a substantial default of a material provision of the franchise, declare the franchise agreement to be revoked in accordance with the Cable Act and the following:

a.

The franchising authority shall give the grantee an opportunity to state its position on the matter, after which it shall determine whether or not the franchise shall be revoked. The grantee may appeal such determination to an appropriate court, which shall have the power to review the decision of the franchising authority "de novo" and to modify or reverse such decision as justice may require. Such appeal to the appropriate court must be taken within 60 days of the issuance of the determination of the franchising authority.

b.

The franchising authority may, at its sole discretion, take any lawful action which it deems appropriate to enforce the franchising authority's rights under the franchise in lieu of revocation of the franchise.

(Prior Code, § 157.28)