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)