(A) Expiration for failure to begin construction. Any franchise granted pursuant to this chapter shall expire without further proceedings one year after its effective date in the event the person granted the franchise has not commenced construction of a cable communications system within such a period.
(B) Failure to provide required service. If any person granted a franchise pursuant to this chapter shall fail to provide cable communications service within and throughout the franchise areas as required under the terms of its franchise agreement, the franchise shall, on the anniversary of the effective date of the franchise next following the 12-month period during which cable communications service has not been extended as required under the terms of the franchise agreement, be deemed revoked without the necessity of Board action, unless prior to the date, the person shall have applied to the Board and the Board shall have, for good cause shown, granted an extension of the construction or service periods set forth in the franchise agreement.
(C) Revocation of franchise. Any franchise granted pursuant to this chapter shall be terminated and cancelled without further proceedings 120 days after the appointment of a receiver or trustee to take over and conduct the business of a cable communications company, whether in receivership, reorganization, bankruptcy or other action or proceedings unless the receivership or trusteeship shall have been vacated prior to the expiration of the period; provided, however, that, the receiver or trustee may apply for a transfer or assignment of the franchise, as hereinbefore provided in § 110.05(E) hereof, within 60 days of the appointment of the receiver or trustee, if duly approved by the court having jurisdiction in the premises, and provided further, in case of a foreclosure or other judicial sale of the plant, property or facilities of a cable communications company, with or without the appointment of a receiver or trustee, including or excluding the franchise granted under this chapter, the franchise as granted will be terminated and cancelled without further proceedings upon 30 days written notice of termination served upon the cable communications company and the purchaser thereof, unless within the 30-day period, the purchaser shall apply to the Township of Williamstown for a transfer or assignment to it of the same as hereinbefore provided in § 110.05(E) hereof. Any franchise granted pursuant to this chapter is revocable for cause by the Board prior to its expiration where the cable communications company has failed substantially to comply with any provision or requirement of this chapter, or the provisions of its franchise agreement. The Board may give a written notice containing full particulars as to the provisions or requirement with which compliance is claimed deficient and allow the cable communications company 60 days to comply. At the expiration of the 60 days, the franchise shall be deemed terminated and revoked, without further Board action, unless the cable communications company shall request a hearing before the Board upon its alleged failure to substantially comply with any provision or requirement of this chapter or of its franchise agreement. The hearing shall be public with the cable communications company being permitted to fully participate therein including the right to introduce testimony and exhibits and to examine and cross-examine witnesses. The hearing shall be recorded and, at the conclusion thereof, the Board, if it finds that the cable communications company has not substantially complied with any provision or requirement of this chapter or its franchise agreement, may terminate and revoke the franchise.
(D) Surrender of franchise. Any person granted a franchise pursuant to this chapter may surrender it by written notice of intent to surrender its franchise filed with the Williamstown Township Clerk not less than 60 days prior to the surrender date. On the surrender date specified in the notice, all rights, privileges and authority under the franchise shall terminate; provided, however, that, the person shall have a period of six months to remove its towers, poles, wires, cables, fixtures or other facilities from the streets, alleys, public rights-of-way or public places, subject to the rights of the Township of Williamstown as set forth in § 110.08(D) above. At the expiration of the six-month period, any property not removed by such person shall become the property of the Township of Williamstown as set forth in § 110.08(D) above. At the expiration of the six-month period, any property not removed by the person shall become the property of the Township of Williamstown to do with as it may choose. Any cost to the Township of Williamstown in removing the property from the streets, alleys, public rights-of-way or public places shall be claimed against the person under the performance bond required under § 110.12(A).
(Ord. 23, eff. 3-20-1981; Ord. passed 2-7-1984; Ord. rev. 9- -1993)