(A) Enforcement and remedies.
(1) Enforcement; city designee. The city is responsible for enforcing and administering this subchapter, and the city or its designee, as appointed by the Mayor, is authorized to give any notice required by law or under any franchise agreement.
(2) Enforcement provision. Any franchise granted pursuant to this subchapter shall contain appropriate provisions for enforcement, compensation, and protection of the public consistent with the other provisions of this subchapter, including, but not limited to, defining events of default, procedures for accessing the bond/security fund, and rights of termination or revocation.
(B) Force majeure. In the event a provider’s performance of any of the terms, conditions, or obligations required by this subchapter or a franchise 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.
(1) Continuation after expiration. Upon either expiration or revocation of a franchise granted pursuant to this subchapter, the city shall have discretion to permit a provider to continue to operate its system or provide services for an extended period of time not to exceed six months from the date of such expiration or revocation. A provider shall continue to operate its system under the terms and conditions of this subchapter and the franchise granted pursuant to this subchapter.
(2) Continuation by incumbent local exchange carrier. If the provider is the incumbent local exchange carrier, it shall be permitted to continue to operate its system and provide services without regard to revocation or expiration, but shall be obligated to negotiate a renewal in good faith.
(D) Removal or abandonment of franchise property.
(1) Abandoned system. In the event that a provider, except the provider who is an incumbent local exchange carrier, shall be deemed to have abandoned such system:
(a) The use of any portion of the system is discontinued for a continuous period of 12 months, and 30 days after no response to written notice from the city to the last known address of provider;
(b) Any system has been installed in the rights-of-way without complying with the requirements of this subchapter or franchise; or
(c) The provisions of § 114.52(E) are applicable and no franchise is granted.
(2) Removal of abandoned system. The city, upon such terms as it may impose, may give a provider written permission to abandon, without removing, any system, or portion thereof, directly constructed, operated, or maintained under a franchise. Unless such permission is granted or unless otherwise provided in this subchapter, a provider shall remove, within a reasonable time, the abandoned system and shall restore, using prudent construction standards, any affected rights-of-way to their former state at the time such system was 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 a condition as that prevailing prior to such removal without materially interfering with any electrical or telephone cables, or other utility wires, poles, or attachments. The city 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 subchapter, and any security fund provided in a franchise, 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) Transfer of abandoned system to city. Upon abandonment of any system in place, a provider, if required by the city, shall submit to the city a written instrument, satisfactory in form to the city, transferring to the city the ownership of the abandoned system.
(4) Removal of aboveground system. At the expiration of the term for which a franchise is granted, or upon its revocation or earlier expiration, as provided for by this subchapter, in any such case without renewal, extension, or transfer, the city shall have the right to require a provider to remove, at its expense, all aboveground portions of a system from the rights-of-way within a reasonable period of time, which shall not be less than 180 days. If the provider is the incumbent local exchange carrier, it shall not be required to remove its system, but shall negotiate a renewal in good faith.
(5) Leaving underground system. Notwithstanding anything to the contrary set forth in this subchapter, a provider may abandon any underground system 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.
(Prior Code, § 13.10.090) (Ord. 11-98, passed 5-20-1998)