A. Enforcement And Remedies:
1. Town Designee To Enforce: The town is responsible for enforcing and administering this chapter, and the town or its designee is authorized to give any notice required by law or under any franchise or license.
2. Enforcement Provision: Any franchise or license granted pursuant to this chapter shall contain appropriate provisions for enforcement, compensation and protection of the public, consistent with the other provisions of this chapter, including, but not limited to, defining events of default, procedures for accessing the bond/security fund, rights of termination or revocation, the rights of the town to purchase a system in the event of revocation, termination, or nonrenewal, and the town's right of first refusal to purchase a system in the event of a voluntary transfer.
B. Force Majeure: In the event a provider's performance of any of the terms, conditions or obligations required by this chapter or a franchise or license is prevented by a cause or event not within a provider's control, such inability to perform shall be deemed excused and no penalties or sanctions shall be imposed as a result thereof. For the purpose of this section, causes or events not within the control of a provider shall include, without limitation, acts of God, strikes, sabotage, riots or civil disturbances, failure or loss of utilities, explosions, acts of public enemies, and natural disasters such as floods, earthquakes, landslides and fires.
C. Extended Operation And Continuity Of Services: Upon either expiration or revocation of a franchise or license granted pursuant to this chapter, the town shall have discretion to permit or require a provider to continue to operate its system or provide services for an extended period of time not to exceed six (6) months from the date of such expiration or revocation. A provider shall continue to operate its system under the terms and conditions of this chapter and the franchise or license granted pursuant to this chapter.
D. Removal Or Abandonment Of Franchise Property:
1. In the event that: a) the use of any facilities is discontinued for a continuous period of twelve (12) months; b) any facilities have been installed in the rights of way without complying with the requirements of this chapter, franchise or license; or c) the provisions of subsection 7-5-3E of this chapter are applicable and no franchise or license is granted, a provider shall be deemed to have abandoned such facilities.
2. The town, upon such terms as it may impose, may give a provider written permission to abandon, without removing any system, facilities or equipment laid, directly constructed, operated or maintained under a franchise or license. Unless such permission is granted or unless otherwise provided in this chapter, a provider shall remove within a reasonable time all abandoned facilities and shall restore, using prudent construction standards, any affected rights of way to their former state at the time such facilities and equipment were installed, so as not to impair their usefulness. In removing its plant, structures and equipment, a provider shall refill, at its own expense, any excavation necessarily made by it and shall leave all 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. The town shall have the right to inspect and approve the condition of the rights of way cables, wires, attachments and poles prior to and after removal. The liability, indemnity and insurance provisions of this chapter and any security fund provided in a franchise or license shall continue in full force and effect during the period of removal and until full compliance by a provider with the terms and conditions of this section.
3. Upon abandonment of any facilities in place, a provider, if required by the town, shall submit to the town a written instrument, satisfactory in form to the town, transferring to the town the ownership of the facilities abandoned.
4. At the expiration of the term for which a franchise or license is granted, or upon its revocation or earlier expiration, as provided for by this chapter, in any such case without renewal, extension or transfer, the town shall have the right to require a provider to remove, at its expense, all aboveground portions of a telecommunications system or open video system from the public rights of way within a reasonable period of time, which shall not be less than one hundred eighty (180) days.
5. Notwithstanding anything to the contrary set forth in this chapter, a provider may abandon any underground facilities in place so long as it does not materially interfere with the use of the rights of way or with the use thereof by any public utility, cable operator or other person. (Ord. 1998-2, 4-9-1998)