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This entry was published on 2014-09-22
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Termination of franchises
Public Service (PBS) CHAPTER 48, ARTICLE 11
§ 227. Termination of franchises. 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.