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§ 115.032 DETERMINATION BY THE VILLAGE.
   Within 60 days after receiving a complete application under § 115.031 hereof, the corporate authorities shall issue a written determination granting or denying the application in whole or in part, applying the following standards. The corporate authorities may extend the time period by an additional 60 days with a written notice containing the reasons for the extension. The discretionary decision to extend the response time rest solely with the Village. If the application is denied, the written determination shall include the reasons for denial.
   (A)   The financial and technical ability of the applicant.
   (B)   The legal ability of the applicant.
   (C)   The capacity of the public ways to accommodate the applicant's proposed facilities.
   (D)   The capacity of the public ways to accommodate additional utility and telecommunications facilities if the license is granted.
   (E)   The damage or disruption, if any, of public or private facilities, improvements, service, travel or landscaping if the license is granted.
   (F)   The public interest in minimizing the cost and disruption of construction within the public ways.
   (G)   The service that applicant will provide to the community and region.
   (H)   The effect, if any, on public health, safety and welfare if the license is granted.
   (I)   The availability of alternate routes and/or locations for the proposed facilities.
   (J)   Applicable federal and state telecommunications laws, regulations and policies.
   (K)   Such other factors as may demonstrate that the grant to use the public ways will serve the community interest.
(Ord. 96-15, passed 4-3-96)
§ 115.033 AGREEMENT.
   No license granted hereunder shall be effective until the applicant and the village have executed a written agreement setting forth the particular terms and provisions under which the license to occupy and use public ways of the village will be granted.
(Ord. 96-15, passed 4-3-96) Penalty, see § 115.999
§ 115.034 NONEXCLUSIVE GRANT.
   No license granted under this subchapter shall confer any exclusive right, privilege, license or franchise to occupy or use the public ways of the village for delivery of telecommunications services or any other purposes.
(Ord. 96-15, passed 4-3-96) Penalty, see § 115.999
§ 115.035 RIGHTS GRANTED.
   No license granted under this subchapter shall convey any right, title or interest in the public ways, but shall be deemed a license only to use and occupy the public ways for the limited purposes and term stated in the grant. Further, no license shall be construed as any warranty of title.
(Ord. 96-15, passed 4-3-96)
§ 115.036 TERM OF GRANT.
   Unless otherwise specified in a license agreement, a telecommunications license granted hereunder shall be in effect for a term of five years.
(Ord. 96-15, passed 4-3-96)
§ 115.037 LICENSE ROUTE.
   A telecommunications license granted under this subchapter shall be limited to a grant of specific public ways and defined portions thereof.
(Ord. 96-15, passed 4-3-96)
§ 115.038 LOCATION OF FACILITIES.
   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 such utility facility.
   (B)   A licensee with permission 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 permission 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 grantee that currently occupies the same public way shall relocate 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, such relocation shall be made concurrently to minimize the disruption of the public ways.
   (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 grantee shall provide additional ducts, conduits, manholes and other facilities for nondiscriminatory access to future telecommunications carriers.
(Ord. 96-15, passed 4-3-96) Penalty, see § 115.999
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