§ 3-6-45. Involuntary termination of registration.

(a)

The county may terminate a registration if:

(1)

A federal or state authority suspends, denies, or revokes a registrant's certification or license to provide communications services;

(2)

The registrant'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 registrant fails to remedy the danger promptly after receipt of written notice; or

(3)

The registrant ceases to use all of its communications facilities in public rights-of-way and has not complied with section 3-6-50 of this division.

(b)

Prior to termination, the registrant shall be notified, in writing, by the county engineer or designee. Said notice shall set forth all matters pertinent to the proposed termination action, including which of subsections (1) through (3) above is applicable as the reason therefor, and describing the proposed action of the county with respect thereto. The registrant shall have sixty (60) days after receipt of such notice within which to address or eliminate the reason or within which to present a plan satisfactory to the county engineer or designee to accomplish same. If the plan is rejected, the county engineer or designee shall provide written notice of such rejection to the registrant and shall make a recommendation to the county administrator regarding a decision as to termination of registration. A registrant shall be notified in writing of a decision by the county administrator to terminate its registration. Such written notice shall be sent within seven (7) days after the decision.

(c)

In the event of termination, the former registrant shall:

(1)

Notify the county of the assumption or anticipated assumption by another registrant of ownership of the registrant's communications facilities in public rights-of-way; or

(2)

Provide the county with an acceptable plan for disposition of its communications facilities in public rights-of-way. If a registrant fails to comply with this subsection (c), which determination of non-compliance is subject to appeal as provided in section 3-6-44, the county 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 registrant, within ninety (90) days of the termination, or such longer period as may be agreed to by the registrant, to remove some or all of the facilities from the public rights-of-way and restore the public rights-of-way to their original condition before the removal.

(d)

In any event, a terminated registrant shall take such steps as are necessary to render every portion of the communications facilities remaining in the public rights-of-way of the county safe.

(e)

In the event of termination of a registration, this section does not authorize the county to cause the removal of communications facilities used to provide another service for which the registrant or another entity that owns or exercises physical control over the facilities holds a valid certification or license with the governing federal or state agency, if required for provision of such service, and is registered with the county, if required.

(Ord. No. 2017-032, § 2, 6-27-17)