Unless otherwise specified in a license agreement, all facilities shall be constructed, installed and located in accordance with the following terms and conditions.
(A) Telecommunications facilities shall be installed within an existing underground duct or conduit whenever excess capacity exists within the utility facility.
(B) A licensee with written authorization to install overhead facilities shall install its telecommunications facilities on pole attachments to existing utility poles only, and then only, if surplus space is available.
(C) Whenever any existing electric utilities, cable facilities or telecommunications facilities are located underground within a public way of the village, a licensee, with written authorization to occupy the same public way must also locate its telecommunications facilities underground.
(D) Whenever any new or existing electric utilities, cable facilities or telecommunications facilities are located or relocated underground within a public way of the village, a licensee that currently occupies the same public way shall relocate, at its sole cost and expense, its facilities underground within a reasonable period of time, which shall not be later than the end of the grant term. Absent extraordinary circumstances or undue hardship as determined by the Village Engineer, the relocation shall be made concurrently to minimize the disruption of the public ways. It is the responsibility of the licensee to obtain written authorization from the owner of the facility.
(E) Whenever new telecommunications facilities will exhaust the capacity of a public street or utility easement to reasonably accommodate future telecommunications carriers or facilities, the licensee shall provide, at its sole cost and expense, additional ducts, conduits, manholes and other facilities for nondiscriminatory access to future telecommunications carriers.
(1981 Code, § 18.3.09)