(A) In accordance with Section 627 of the Cable Act, if a renewal of a license held by a licensee is denied and the town acquires ownership of the cable system, any such acquisition or transfer shall be at fair market value, determined on the basis of the cable system valued as a going concern but with no value allocated to the license itself. If a license held by a licensee is revoked for cause and the town acquires ownership of the cable system or effects a transfer of ownership of the cable system to another person, such matters as the harm to the community resulting from the licensee's breach of the license may be considered in determining the fair market value.
(B) Upon the termination of a license and the rights granted thereunder, whether by expiration or forfeiture, the Council may direct and require the licensee as provided in § 114.34 Removal and Abandonment of Property of Licensee to remove its wires, cables, fixtures and accessories and appurtenances from the streets. If directed, the town shall make a claim on the letter of credit as prescribed in § 114.50 Construction Bonds. Removal by licensee of its wires, cable, fixtures and accessories and appurtenances from the streets shall not be required where such wires, cables, fixtures and accessories and appurtenances are in use for the provision of services other than cable services as to which no license from the town is required, or as to which any license that is required has been obtained.
(Ord. 16-825, passed 9-13-2016)