In order to insure that there exists fair competition amongst all telecommunication providers who desire to use, or are presently using, public rights of way located within the Village of Linndale, the provisions of this chapter shall apply to all telecommunication providers, including those providers which presently have telecommunication facilities located in any public right of way in the Village of Linndale; provided, however, that the provisions of this chapter shall not apply to any telecommunication provider who, prior to the effective date of this chapter, has constructed or installed telecommunication facilities in any public right of way located in the Village of Linndale, if:
(a) Said provider has entered into an agreement with the Village, authorized by this Council, to use the public right of way for the purpose of constructing or installing telecommunications facilities, and said agreement remains valid and in effect; or
(b) Said provider has entered into a franchise agreement with the Village, authorized by this Council, to provide telecommunication services to Village residents, and said franchise agreement remains valid and in effect. Upon the expiration of term or other termination of any such agreement, all of the provisions of this chapter shall apply to any such telecommunication providers who presently has telecommunication facilities located in any public right of way in the Village.
(Ord. 1998-38. Passed 10-6-98.)