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 when 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 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 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 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.
