A. Removal of the cable system. Upon the revocation, termination, or denial of renewal of a franchise agreement, a licensee either (a) by mutual agreement of Village and licensee, (b) by licensee's acquiescence or failure to challenge same, or (c) by a final order of a court which the licensee either does not appeal or from which there is no further right of appeal, then the following shall occur: Licensee, at the direction of Village, shall remove its cable system, including all supporting structures, poles, transmission and distribution portions of the systems and other appurtenances, fixtures or property from the streets and public ways, in, over, under, along, or through which they are installed within six (6) months of the revocation, termination, or denial of renewal except that (a) licensee may abandon its facilities in place and (b) licensee cannot remove underground facilities without Village's consent in advance, which shall not be unreasonably withheld. Prior to any removal, licensee shall notify Village where removal will occur. Licensee shall also restore any property, public or private, to the condition in which it existed prior the installation, erection or construction of its cable system, including any improvements made to such property subsequent to the construction of its cable system. Restoration of streets and Village property, including, but not limited to, the public ways, shall be in accordance with the directions and specifications of Village, and all applicable laws, ordinances and regulations, at licensee's sole expense. If such removal and restoration is not completed within six (6) months after the revocation, termination, or expiration, all of licensee's property remaining in the affected streets and public ways shall, at the option of Village, be deemed abandoned. In the event licensee chooses to remove its cable system and fails to satisfactorily restore all areas to the condition in which they existed prior to the original construction of the cable system, Village, at its option, may perform such work and, if such work is performed within two (2) years of the revocation, termination or denial of renewal of its franchise agreement, collect the costs thereof from licensee.
B. Acquisition of the cable system by the Village. The Village and licensees agree to comply with Section 627 of the Cable Act (47 U.S.C. § 547), as it may be amended from time to time.
(MC-10-2007, Added, 07/10/2007)