Article 14 — Abandonment or Removal of Franchise Property

(a)

If the grantee discontinues the use of any of its property within the public rights-of-way for a continuous period of twelve (12) months, such property shall be deemed to have been abandoned by grantee. Any part of the cable system that is parallel or redundant to other parts of the cable system and is intended for use only when needed as a backup for the cable system or a part thereof, shall not be deemed to have been abandoned because of its lack of use.

(b)

Grantor, upon such reasonable terms as grantor may lawfully impose, may give grantee permission to abandon, without removing, any cable system facility or equipment laid, directly constructed, operated or maintained under the franchise. Unless such permission is granted or unless otherwise provided in this chapter, the grantee shall remove all abandoned above-ground facilities and equipment upon receipt of written notice from grantor and shall restore to grantor's satisfaction any affected public right-of-way. In removing its plant, structures and equipment, grantee shall refill, at its own expense, any excavation that shall be made by it and shall leave all public rights-of-way in as good condition as that prevailing prior to such removal without materially interfering with any electrical or telephone cable or other utility wires, poles or attachments. Grantor shall have the right to inspect and approve the condition of the public rights-of- way, cables, wires, attachments and poles prior to and after removal. The liability, indemnity and insurance provisions of this chapter and the security fund as provided herein shall continue in full force and effect during the period of removal and until full compliance by grantee with the terms and conditions of this section.

(c)

Upon the approved abandonment of any franchise property, the grantee, if required by the grantor, shall submit to the grantor an instrument, satisfactory in form to the grantor, transferring to the grantor the ownership of the abandoned franchise property.

(d)

At the expiration, without renewal or extension, of the term for which the franchise is granted, or upon its revocation, as provided herein, the grantor shall have the right to require grantee to remove, at its own expense, all above-ground portions of the cable system from all streets and public ways within the service area within a reasonable period of time, which shall not be less than 180 days.

(e)

Notwithstanding anything to the contrary set forth in this chapter, the grantee may abandon any underground franchise property in place so long as it does not materially interfere with the use of the public rights-of-way in which such property is located or with the use thereof by any public utility or other franchise holder.

(§ 3, Ord. 695-C.S., eff. December 13, 2001)

Upon reasonable written notice and upon the failure of the grantee to commence, pursue or complete any work to be done in any public right-of-way required by law or by the provisions of this chapter or the franchise agreement, within the time prescribed and to the reasonable satisfaction of the grantor, the grantor may cause the work to be commenced and/or completed. The grantor shall provide to the grantee an itemized work order setting forth in detail the exact nature of the work completed and the supplies used in such work. The grantee shall pay to the grantor the reasonable costs for such work no later than thirty (30) days after receipt of the itemized work order.

(§ 3, Ord. 695-C.S., eff. December 13, 2001)

Upon expiration or revocation of the franchise, the grantor shall have the discretion to permit grantee to continue to operate the cable system for an extended period of time. Grantee shall continue to operate the cable system under the terms and conditions of this chapter and the franchise and to provide cable service. It shall be the right of all subscribers to continue to receive all available cable services provided that subscriber's financial and other obligations to grantee are honored. The grantee shall use reasonable efforts to provide continuous, uninterrupted service to its subscribers, including operation of the cable system during transition periods following franchise expiration or termination.

(§ 3, Ord. 695-C.S., eff. December 13, 2001)

(a)

At the option of the grantor and subject to applicable law, a franchise granted hereunder may be revoked 120 days after appointment of a receiver(s) or trustee(s) to take over and conduct the business of grantee, whether in a receivership, reorganization, bankruptcy or other action or proceeding, unless:

(1)

The receivership or trusteeship shall have been vacated within said 120 days; or

(2)

Such receivers or trustees within said 120 days shall have remedied all the defaults under the franchise or provided a plan for the remedy of such defaults which is satisfactory to the grantor; or

(3)

Such receivers or trustees shall, within said 120 days, have executed an agreement duly approved by the court having jurisdiction whereby such receivers or trustees assume and agree to be bound by each and every term, provision and limitation of the franchise, subject to applicable law.

(b)

In the case of a foreclosure or other judicial sale of the cable system, in whole or in part, the grantor may serve notice of revocation upon grantee and the successful bidder at such sale, and all rights and privileges of the grantee hereunder shall be revoked thirty (30) days after service of such notice, unless:

(1)

Grantor shall have approved the transfer of the franchise, in the manner provided by law; and

(2)

The successful bidder shall have covenanted and agreed with grantor to assume and be bound by all terms and conditions of the franchise.

(§ 3, Ord. 695-C.S., eff. December 13, 2001)