(A) The city may terminate a registration if:
(1) A federal or state authority suspends, denies, or revokes a registrant's certification or license to provide communications services;
(2) The registrant's placement or maintenance of a communications facility in the public rights-of-way presents an extraordinary danger to the general public or other users of the public rights-of-way and the registrant fails to remedy the danger promptly after receipt of written notice;
(3) The registrant ceases to use all of its communications facilities in public rights-of-way and has not complied with § 97.26; or
(4) The communications services provider fails to comply with any of the rules, regulations or general conditions set forth in herein.
(B) Prior to termination of a registration, the registrant shall be notified by the City Engineer in writing, setting forth all matters pertinent to the proposed termination action, including which of divisions (A)(1) through (4) above is applicable as the reason therefore, and describing the proposed action of the city with respect thereto. The registrant shall have 30 days after receipt of such notice within which to address or eliminate the reason or within which to present a plan, satisfactory to the City Engineer, to accomplish the same. If not eliminated or if the plan is rejected, the City Engineer shall provide written notice of such rejection to the registrant and a final determination to terminate registration. A final determination to terminate may be appealed in accordance with the procedures set forth in § 97.19.
(C) In the event of termination, the former registrant shall: (1) notify the city of the assumption or anticipated assumption by another registrant of ownership of the communications services provider's communications facilities in public rights-of-way; or (2) provide the city with an acceptable plan for disposition of its communications facilities in the public rights-of- way. If a communications services provider fails to comply with this division (C), which determination of noncompliance is subject to appeal as provided in § 97.19, the city may exercise any remedies or rights it has at law or in equity, including but not limited to taking possession of the facilities where another person has not assumed the ownership or physical control of the facilities; or requiring the communications services provider within 90 days of the termination, or such longer period as may be agreed to by the communications services provider, to remove some or all of the facilities from the public rights-of-way and restore the public rights-of-way to its original condition before the removal.
(D) In any event, a terminated registrant shall take such steps as are necessary to render safe every portion of the communications facilities remaining in the public rights-of-way of the city.
(E) In the event of termination of a registration, this section does not authorize the city to cause the removal of communications facilities used to provide another service for which the registrant or another person who owns or exercises physical control over the facilities holds a valid certification or license with the governing federal or state agency, if required for provision of such service, and is registered with the city, if required.
(F) The city's right to terminate a registration shall be in addition to all other rights of the city, whether reserved in this chapter, or authorized by other law, and no action, proceeding or exercise of the right to terminate registration will affect or preclude any other right the city may have.
(Ord. 1625, passed 8-20-20)