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(A) (1) Within 150 days, or as extended by the corporate authorities, after receiving a complete application hereunder, the corporate authorities shall make a determination granting or denying the application in whole or in part.
(2) If the application is denied, the determination shall include the reasons for denial.
(B) The following standards shall apply when determining to grant or deny the application:
(1) The financial and technical ability of the applicant;
(2) The legal ability of the applicant;
(3) The capacity of the public ways to accommodate the applicant’s proposed facilities;
(4) The capacity of the public ways to accommodate additional utility and telecommunications facilities if the franchise is granted;
(5) The damage or disruption, if any, of public or private facilities, improvements, service, travel or landscaping if the franchise is granted;
(6) The public interest in minimizing the cost and disruption of construction within the public ways;
(7) The service that applicant will provide to the community and region;
(8) The effect, if any, on public health, safety and welfare if the franchise requested is granted;
(9) The availability of alternate routes and/or locations for the proposed facilities;
(10) Applicable federal and state laws, regulations and policies; and
(11) Other factors as may demonstrate that the grant to use the pubic ways will serve the community interest.
(1981 Code, § 18.4.03)
No franchise shall be granted hereunder unless the applicant and the village have executed a written agreement setting forth the particular terms and provisions under which the franchise license to do work within the public ways of the village will be granted.
(1981 Code, § 18.4.04)
(A) No franchise granted hereunder shall convey any right, title or interest in the public ways, but shall be deemed a franchise only to use and occupy the public ways for the limited purposes and terms stated in the grant.
(B) No franchise granted hereunder shall authorize or excuse a franchisee from securing further easements, leases, franchises, permits or other approvals as may be required to lawfully occupy and use a public way, excess capacity in an underground facility or surplus space in an overhead facility.
(C) No franchise granted hereunder shall be construed as any warranty of title.
(1981 Code, § 18.4.07)
Unless otherwise specified in a franchise 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 franchisee with permission to install overhead facilities shall install its telecommunications facilities on pole attachments to existing utility poles 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 franchisee with written authorization to occupy the same public way must also locate its telecommunications 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 franchisee who 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 franchise to obtain written authorization form 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 franchisee shall provide, at its sole cost and expense, additional ducts, conduits, manholes and other facilities for nondiscriminatory access to future carriers.
(1981 Code, § 18.4.09)
All franchisees are required to obtain construction permits for telecommunications facilities as required in §§ 115.150 et seq.; provided, however, that nothing in this chapter shall prohibit the village and a franchisee from agreeing to alternative plan review, permit and construction procedures in a franchise agreement provided the alternative procedures provide substantially equivalent safeguards for responsible construction practices.
(1981 Code, § 18.4.10)
Each franchise license granted hereunder is subject to the village’s right which is expressly reserved, to fix annually or on any other basis a fair and reasonable compensation to be paid for the property rights granted to the franchisee; provided, nothing in this subchapter shall prohibit the village and a franchisee from agreeing to the compensation to be paid.
(1981 Code, § 18.4.11)
A franchisee shall make its telecommunications services available to any customer within its franchise area who shall request the service without discrimination as to the terms, conditions, rates or charges for franchisee’s services; provided, however, that nothing in this chapter shall prohibit a franchisee from making any reasonable classifications among differently situated customers.
(1981 Code, § 18.4.12)
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