(A) The franchise shall be nonexclusive and shall be for a term of 15 years the effective date thereof, as specified in § 111.04, and shall be renewable for five years terms upon agreements satisfactory to the town and the grantee.
(B) The franchise shall not be sold, transferred, leased, assigned or disposed of, or whole or in part, either by forced or involuntary sale, or by volunteer sale, merge stock ownership transfer, consolidation or otherwise, without the prior consent of the Town Council expressed by resolution, and then only under such conditions as may therein be prescribed.
(1) In addition to such conditions, the successor in inter as approved by the Town Council shall comply with the requirements of § 111.04 with respect to filing acceptance, bonds and insurance and shall show that it is financially responsible.
(2) Any such sale, transfer, lease, assignment or disposal shall be made only by an instrument in writing, a duly executed copy of which shall be filed in the office of the town’s designated agent, within 30 days thereof; provided, however, the provisions of this division (B)(2) shall not apply to a transfer in trust, mortgage or other hypothecation to secure an indebtedness.
(3) In the absence of extraordinary circumstances, the Town Council will not approve a transfer or assignment of the franchise before completion of initial construction of the energized cable, or within the first two years of operation thereafter.
(C) The Town Council may terminate the franchise prior to the date of expiration upon a finding, made after 30 days’ notice of any proposed termination and public hearing, that the grantee has failed to comply in some material respect with any provision of this chapter, or has, by any act or omission, violated in some material respect any term or condition of any franchise or permit issued hereunder; the grantee made a material, false statement in the application for the franchise, knowing it to be false; or the grantee, contrary to the best interest of public convenience and welfare, is not providing subscribers with regular, adequate and proper service.
(D) In the event that the use of any part of the CATV system is discontinued for any reason, or the franchise has been terminated, cancelled or has expired, the grantee shall promptly remove from the streets or public places all such property and poles of the system, other than those which the town’s designated agent may permit to be abandoned in place, and as directed by the town’s designated agent, shall either restore the street or pay the town for restoring the street or other area which such property has been removed to a condition for public use acceptable to the town’s designated agent based on department of transportation standards. Any property remaining in place six months after the discontinuance, termination or expiration of the franchise shall be considered permanently abandoned and may be appropriated by the town or removed by the town at the expense of the grantee.
(E) In the event of any termination of the franchise, the Town Council may seek another grantee to provide the service. If the terminated grantee wishes to sell his or her system to another provider, the terminated grantee shall execute such deeds, bill of sale and other documents as may be necessary to effectuate the sale. The Town Council’s decision to terminate shall be subject to appellate review as provided by law. If removal of the CATV system from the street, roads or public places is required by any law, statute or regulation, such removal shall be performed by and at the expense of the terminated grantee. In carrying out this removal, the grantee shall place the streets, roads or public places in the same condition as before the system was built. If the town or state is forced to remove the system, the work shall be done at the expense of the terminated grantee.
(Ord. passed 5-9-1983)