Section 227. Termination of franchises  


Latest version.
  • 1. A franchise shall terminate at
      the  expiration  of  its  term  or  otherwise  in  accordance  with  the
      provisions  thereof,  unless,  prior  thereto,  the commission otherwise
      orders. The commission may so order  only  if  it  finds,  after  public
      notice and opportunity for a hearing, that the franchisee:
        (a) has committed a material breach of its franchise or any applicable
      provision  of  this  article or of the regulations promulgated hereunder
      and has failed, without reasonable justification, to  cure  said  breach
      within  sixty days after having received written notice thereof from the
      commission, or
        (b) has been adjudicated a bankrupt or has filed a voluntary  petition
      for  bankruptcy  or reorganization or for an order protecting its assets
      from the claims of creditors and the commission finds  that  termination
      of the franchise or certificate of confirmation under such conditions is
      in the best interest of the public.
        2. Upon termination of a franchise or certificate of confirmation, the
      cable  television  company shall dispose of its facilities in accordance
      with the provisions of the franchise or certificate. However, on  motion
      of  any interested party or upon its own motion, and after public notice
      and opportunity for hearing, if the commission finds that the  continued
      presence  of  the  facilities  in  any  public thoroughfare would pose a
      nuisance to the municipality or  its  residents,  the  cable  television
      company shall remove its facilities within such period as the commission
      shall  order.  In the absence of any applicable franchise or certificate
      provision or  order  by  the  commission  to  the  contrary,  the  cable
      television company may abandon its facilities.