Upon expiration or termination of a franchise, if the franchise is not renewed and if neither the cable television commission nor an assignee purchase the cable television system, the franchisee may remove any underground cable from the streets which has been installed in such a manner that it can be removed without trenching or other opening of the streets along the extension of cable to be removed. The franchisee shall not remove any underground cable or conduit which requires trenching or other opening of the streets along the extension of cable to be removed, except as hereinafter provided. The franchisee shall remove, at its sole cost and expense, any undergrounded cable or conduit by trenching or opening of the streets along the extension thereof or otherwise which is ordered to be removed by the board of directors of the cable television commission based upon a determination, in the sole discretion of the board, that removal is required in order to eliminate or prevent a hazardous condition or promote future utilization of the streets for public purposes. Any order by the board of directors to remove cable or conduit shall be mailed to the franchisee not later than thirty (30) calendar days following the date of expiration of the franchise. A franchisee shall file written notice with the clerk of the board of directors not later than thirty (30) calendar days following the date of expiration or termination of the franchise of its intention to remove cable authorized by this paragraph to be removed. The notice shall specify the location of all cable intended to be removed and a schedule for removal by location. The schedule and timing of removal shall be subject to approval and regulation by the director of public works of the county and cities with jurisdiction over the streets from which cable is to be removed. Removal shall be completed not later than twelve (12) months following the date of expiration or expiration of the franchise. Underground cable and conduit in the streets which is not removed shall be deemed abandoned and title thereto shall be vested in the cities and county within whose jurisdiction the cable or conduit is situated.
Upon expiration or termination of a franchise, if the franchise is not renewed and if neither the commission nor an assignee purchase the system, the franchisee, at its sole expense, shall, unless relieved of the obligation by the county or cities, remove from the streets all aboveground elements of the cable television system, including, but not limited to, amplifier boxes, pedestal mounted terminal boxes, and cable attached to or suspended from poles, which are not purchased by the commission or its assignee.
The franchisee shall apply for and obtain such encroachment permits, licenses, authorizations or other approvals and pay such fees and deposit such security as required by applicable ordinance of the county or cities in which the streets are located, shall conduct and complete the work of removal in compliance with all such applicable ordinances, and shall restore the streets to the same condition they were in before the work of removal commenced. The work of removal shall be completed not later than one year following the date of expiration of the franchise. (Prior code § 20.05.464)