A. 
Upon denial of renewal of a franchise, or upon its revocation, as provided for, the grantor shall have the right to require a grantee to remove within two years, at a grantee's expense, all or any portion of the cable system from all rights-of-way and public property within the grantor. In so removing the cable system, a grantee shall refill and compact, at its own expense, any excavation that shall be made and shall leave all rights-of-way, public property and private property in as good a condition as that prevailing prior to grantee's removal of the cable system, and without affecting, altering or disturbing in any way electric, telephone or utility, cables wires or attachments. The grantor, or its delegation, shall have the right to inspect and approve the condition of such rights-of-way and public property after removal. Under no circumstance including, without limitation, revocation, or denial of renewal of a franchise or any other action to forbid or disallow grantee from providing cable services, shall grantee or its assignees be required to sell any right, title, interest, use or control of any portion of grantee's facilities including, without limitation, the cable system and any capacity used for cable service or otherwise, to the grantor or any third party. Grantee shall not be required to remove or to relocate the plant that facilitates Internet access, digital voice, or other such services not governed by Title VI of the Communications Act of 1934, as amended,[1] or any portion thereof as a result of revocation, denial of renewal or any other action to forbid or disallow grantee from providing cable services.
[1]
Editor's Note: See 47 U.S.C. § 521 et seq.
B. 
Except as otherwise provided in Subsection A of this section, if a grantee has failed to complete such removal within the time given under Subsection A of this section, after written notice of the grantor's demand for removal is given, the grantor shall have the right to exercise one of the following options:
(1) 
Declare all right, title and interest to the cable system to be in the grantor or its delegator with all rights of ownership including, but not limited to, the right to operate the cable system or transfer the cable system to another for operation by it; or
(2) 
Declare the cable system abandoned and cause the cable system, or such part thereof as the grantor shall designate, to be removed at no cost to the grantor. The cost of said removal shall be recoverable from the security fund, indemnity and/or penalty section provided for in a franchise, or from a grantee directly.
A. 
A franchise shall not be sold, assigned or transferred (including through inheritance), either in whole or in part, used as collateral for any loan or loans, or leased or sublet in any manner, nor shall title thereto, either legal or equitable, or any right, interest or property therein, pass to or vest in any person without full compliance with the procedure set forth in this section.
B. 
Neither grantee nor its parent nor any affiliated entity shall transfer, assign or otherwise encumber, through its own action or by operation of law, its right, title or interest in the cable system or in a franchise agreement without the prior written consent of the grantor. Neither grantee nor its parent nor any affiliated entity shall sell, convey, transfer, exchange or release more than 50% of its equitable ownership in the cable system without the prior written consent of the grantor. No such consent shall be required for i) a transfer in trust, by mortgage, hypothecation, or by assignment to a financial institution of any rights, title or interest of grantee in the franchise or in the cable system in order to secure indebtedness; or ii) a transfer to an entity owned and/or controlled by grantee.
(1) 
The parties to the sale or transfer shall make a written request to the grantor for its approval of a sale or transfer. The written request shall not be deemed complete until all information required by the grantor in accordance with applicable FCC regulations is provided to the grantor. Upon receipt of a complete written request with all application information, including the legal, financial and technical qualifications of the transferee, the grantor shall have 120 days to grant or deny such approval. Within 30 days of the request, in accordance with FCC rules and regulations, the grantor shall notify the grantee in writing of the additional information, if any, it requires to determine the legal, financial and technical qualifications of the transferee or new controlling party.
(2) 
The grantor shall reply in writing within 30 days of the request and shall exercise its determination that a public hearing is necessary.
(3) 
If a public hearing is deemed necessary pursuant to Subsection B(2) above, such hearing shall be commenced within 30 days of such determination and notice of any such hearing shall be given 14 days prior to the hearing by publishing notice thereof. The notice shall contain the date, time and place of the public hearing and shall briefly state the substance of the action to be considered by the grantor.
(4) 
Within 30 days after the closing of the public hearing, the grantor shall approve or deny in writing the sale or transfer request. If the grantor has not taken final action on the grantee's request for consent within 120 days after receiving such request, consent shall be deemed granted.
(5) 
Any consent by the grantor for any transfer described above shall not be effective until the proposed transferee or assignee shall have executed a legally binding agreement stating that it shall be bound by all the terms and conditions contained in the franchise.
A. 
Upon lawful denial of renewal or revocation of franchise, the grantor may, in lawful manner and upon the payment of fair market value, mutually determined by grantor and grantee, lawfully obtain, purchase, condemn, acquire, take over and hold the cable system.
B. 
Upon the revocation of a franchise, the grantor may in lawful manner and upon the payment of an equitable price lawfully obtain, purchase, and condemn, in accordance with such proceedings governed by federal and/or state law, take over and hold the cable system.