A. Upon termination or forfeiture of a franchise, whether by action of the City as provided in § 11.21.245, or by passage of time, the City may do one or a combination of the following:
1. The grantee must, as the City so directs, stop using the cable communications system for the purposes authorized by the franchise.
2. The grantee must, as the City directs, continue providing service pursuant to the terms of its franchise agreement for such reasonable period as may be required to arrange for another cable communications system to provide service.
3. The City may require the former grantee to remove all or a portion of its facilities and equipment at the former grantee's expense, subject to grantee's right to abandon property in place. In removing its cable communications system, grantee shall restore affected property to comply with all then-applicable codes, and to as good or better condition as existed prior to removal. If the former grantee fails to do so within a reasonable period of time, the City may have the removal done at the former grantee's and/or surety's expense.
4. The City, by resolution of the City Council, may acquire ownership or effect a transfer of all or a portion of the cable communications system at an equitable price if termination or forfeiture is for cause, or if termination or forfeiture is not for cause, at fair market value, not including the value of the franchise.
5. If a cable communications system or any part thereof is abandoned by the grantee, the City may require the grantee to transfer title to the all or some of the abandoned portions to it, as the City may direct, at no charge, free and clear of encumbrances, and the same will become the City's property and the City may keep, sell, assign, or transfer all or part of the assets of the cable communications system, or otherwise dispose of those assets as it sees fit. The cable communications system or a part thereof will be deemed abandoned if:
a. The cable communications system operator notifies the City of its intent to abandon;
b. The cable communications system operator willfully ceases providing cable service in accordance with its franchise;
c. The facility or equipment is not used or useful in the provision of then-existing or planned cable services; or
d. The cable communications system operator does not provide cable service over the cable communications system or a part of the system for ninety-six (96) consecutive hours, and is not restoring service with all due diligence.
B. Notwithstanding the foregoing, the City may not, pursuant to this section, issue an order that violates 47 USC 541(b)(3)(c).
(Ord. No. 2001-014 § 2)