§ 23.10. Involuntary Termination of Registration.

A.

The City may terminate a Registration if:

1.

a Federal or State authority suspends, denies, or revokes a Communications Services Provider's certification or license to provide Communications Services;

2.

the Communications Services Provider's placement or maintenance of a Communications Facility in the Public Rights-of-Way presents an extraordinary danger to the general public or other users of the Public Rights-of-Way and the Communications Services Provider fails to remedy the danger promptly after receipt of written notice;

3.

the Communications Services Provider ceases to use all of its Communications Facilities in the Public Rights-of-Way and has not complied with Section 23.21 herein; or

4.

the Communications Services Provider fails to comply with any of the rules, regulations or general conditions set forth in Section 23.06 herein.

B.

Prior to termination of a Registration, the Communications Services Provider shall be notified by the City Engineer with a written notice setting forth all matters pertinent to the proposed termination, including which of (1) through (4) above is applicable as the reason therefore. The Communications Services Provider shall have thirty (30) days after receipt of such notice within which to eliminate the reason or within which to present a plan, satisfactory to the City Engineer, to accomplish the same. If not eliminated or if the plan presented is rejected, the City Engineer shall provide written notice of such rejection to the Communications Services Provider and a final determination to terminate Registration. A final determination to terminate Registration may be appealed in accordance with the procedures set forth in Section 23.11.

C.

In the event of termination, following any appeal period, the Communications Services Provider formerly Registered shall: (1) notify the City of the assumption or anticipated assumption by another registrant of ownership of the Communications Services Provider's Facilities in Public Rights-of-Way or (2) provide the City with an acceptable plan for disposition of its Communications Facilities in the Public Rights-of-Way. If a Communications Services Provider fails to comply with this subsection C, which determination of non-compliance is subject to appeal as provided in Section 23.11, the City may exercise any remedies or rights it has at law or in equity, including but not limited to taking possession of the Facilities where another Person has not assumed the ownership or physical control of the Facilities or requiring the Communications Services Provider within 90 days of the termination, or such longer period as may be mutually agreed to between the City and the Communications Services Provider, to remove some or all of the Communications Facilities from the Public Rights-of-Way and restore the Public Rights-of-Way to their original condition prior to such removal.

D.

In any event, a Communications Services Provider whose Registration has been terminated shall take such steps as are necessary to render safe every portion of the Communications Facilities remaining in the Public Rights-of-Way.

E.

In the event of termination of a Registration, this Section does not authorize the City to cause the removal of Communications Facilities used to provide another service for which the Communications Services Provider or another Person who owns or exercises physical control over the Communications Facilities holds a valid certification or license with the governing Federal or State agency, if required for provision of such service, and who is Registered with the City, if required.

F.

The City's right to terminate a Registration shall be in addition to all other rights of the City, whether reserved in this Chapter, or authorized by other law, and no action, proceeding or exercise of the right to terminate Registration will affect or preclude any other right the City may have.

(Ord. of 6-18-2001, § 2, Doc. #33875)