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(2) Recommend the revocation of this Franchise pursuant to the procedures in <br /> subsection 12.2; or <br /> (3) Recommend any other legal or equitable remedy available under this <br /> Franchise or any applicable law. <br /> (D) The determination as to whether a violation of this Franchise has occurred shall be <br /> within the discretion of the City, provided that any such final determination may be subject to <br /> appeal to the City Council or review by a court of competent jurisdiction under applicable law. <br /> 12.2 Revocation <br /> (A) In addition to revocation in accordance with other provisions of this Franchise, the <br /> City may revoke this Franchise and rescind all rights and privileges associated with this Franchise <br /> in the following circumstances, each of which represents a material breach of this Franchise: <br /> (1) If Grantee fails to perform any material obligation under this Franchise or <br /> under any other agreement, ordinance or document regarding the City and Grantee; <br /> (2) If Grantee attempts to evade any material provision of this Franchise or to <br /> practice any fraud or deceit upon the City or Subscribers; <br /> (3) If Grantee becomes insolvent, or if there is an assignment for the benefit of <br /> Grantee's creditors; or <br /> (4) If Grantee fails to comply with all provisions of federal law pertaining to <br /> Open Video System Operators, including, but not necessarily limited to, 47 U.S.C. 573 and <br /> 47 CFR 76.1500 et seq. <br /> (B) Prior to forfeiture or termination of the Franchise, the City shall give written notice <br /> to the Grantee of its intent to revoke the Franchise. The notice shall set forth the exact nature of the <br /> noncompliance. Grantee shall have thirty (30) days from such notice to object in writing and to <br /> state its reasons for such objection and provide any explanation. In the event the City has not <br /> received a satisfactory response from Grantee, it may then seek a termination of the Franchise by <br /> the City Council in accordance with this subsection. <br /> (C) Any proceeding under the paragraph above shall be conducted by the City Council <br /> and open to the public. Grantee shall be afforded at least forty-five (45) days prior written notice of <br /> such proceeding. <br /> (1) At such proceeding, Grantee shall be provided a fair opportunity for full <br /> participation, including the right to be represented by legal counsel, to introduce evidence, <br /> and to question witnesses. A complete verbatim record and transcript shall be made of such <br /> 23 <br />