§ 138-44. Franchised MCS provider's duty to remove franchised properties from public streets.

This section is applicable to any MCS provider whose system occupies public property or rights-of-way.

A. 

Unless the Town, or another MCS provider, indicates its lawful intent to use the multichannel system (such as in the event of the sale and purchase of the system) under the continuity provisions outlined in this chapter, the affected MCS provider shall promptly remove its multichannel system, including any facilities, equipment and property, or any abandoned portion of the system, from the streets, public ways, and private property located within the Town, at its sole expense, within 90 days of the date of expiration, or the date of revocation and termination, of its operating authority, or a lawful order or directive from the Town, whenever any of the following occurs:

(1) 

The MCS provider ceases to operate all, or part, of the multichannel system for a continuous period of 90 days;

(2) 

The MCS provider fails to construct the multichannel system as outlined in an initial application, a proposal for renewal, a renewal of the franchise, other agreement, license or permit, or an amended franchise, other agreement, license or permit;

(3) 

The Town Board elects not to, and affirmatively acts not to, renew the franchise, other agreement, license or permit, pursuant to the provisions set forth in this chapter; or

(4) 

The MCS provider's franchise, other agreement, license or permit is revoked pursuant to the provisions set forth in this chapter.

B. 

The MCS provider shall remove its property, facilities, equipment, cable and wires located in the Town's streets and rights-of-way in the manner and time frame prescribed in Subsections C through F of this section.

C. 

If not removed voluntarily by the MCS provider, then the Town may notify the MCS provider that if removal of the property is not accomplished within 90 days, or substantial progress towards removal is not made within 75 days, then the Town may direct its officials or representatives to remove the MCS provider's property, facilities, equipment, cable and wires at the MCS provider's expense.

D. 

If officials or representatives of the Town remove, or cause to have removed, an MCS provider's property, facilities, equipment, cable and wires, and such MCS provider does not claim the property within 90 days of its removal, then the Town may take whatever steps are permissible under state law to declare the property surplus, and sell it, with the proceeds of such sale going to the Town, if permitted by state law.

E. 

When such MCS provider removes its multichannel system and property, facilities, equipment, cable and wires from the streets and public rights-of-way within the Town, the MCS provider shall, at its own expense, and in a manner approved by the Town, replace and restore such public or private property to a condition comparable to that which existed before the work causing the disturbance was done.