(A) The town 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 rights-of-way presents an extraordinary danger to the general public or other users of the rights-of-way and the registrant fails to remedy the danger promptly after receipt of written notice; or
(3) The registrant ceases to use all of its communications facilities in rights-of-way and has not complied with § 93.12 of this chapter.
(B) Prior to termination, the registrant shall be notified by the Mayor or designee with a written notice setting forth all matters pertinent to the proposed termination action, including which of (1) through (3) above is applicable as the reason therefore, and describing the proposed action of the town with respect thereto. The registrant shall have 60 days after receipt of such notice within which to address or eliminate the reason or within which to present a plan, satisfactory to the Mayor or designee to accomplish the same. If the plan is rejected, the Mayor or designee shall provide written notice of such rejection to the registrant and shall make a recommendation to the Town Council regarding a decision as to termination of registration. A decision by a town to terminate a registration may only be accomplished by an action of the Town Council. A registrant shall be notified by written notice of any decision by the Town Council to terminate its registration. Such written notice shall be sent within seven days after the decision.
(C) In the event of termination, the former registrant shall notify the town of the assumption or anticipated assumption by another registrant of ownership of the registrant’s communications facilities in rights-of-way or provide the town with an acceptable plan for disposition of its communications facilities in rights-of-way. If a registrant fails to comply with this division, which determination of non-compliance is subject to appeal as provided in § 93.14, the town 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 registrant within 90 days of the termination, or such longer period as may be agreed to by the registrant, to remove some or all of the facilities from the rights-of-way and restore the 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 rights-of-way of the town.
(E) In the event of termination of a registration, this section does not authorize the town 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 town, if required.
(Ord. 2010-01, passed 1-26-2010)