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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
All licensees are required to obtain construction permits for telecommunications facilities as required in §§ 115.110 through 115.137, provided, however, that nothing in this subchapter shall prohibit the village and a licensee from agreeing to alternative plan review, permit and construction procedures in a license agreement, provided such alternative procedures provide substantially equivalent safeguards for responsible construction practices.
(Ord. 96-15, passed 4-3-96) Penalty, see § 115.999
Each license granted under this subchapter is subject to the village's right, which is expressly reserved, to annually fix a fair and reasonable compensation to be paid for the property rights granted to the licensee; provided, nothing in this subchapter shall prohibit the village and a licensee from agreeing to the compensation to be paid.
(Ord. 96-15, passed 4-3-96)
(A) A new license application and grant shall be required of any telecommunications carrier that desires to extend or locate its telecommunications facilities in public ways of the village which are not included in a license previously granted under this chapter.
(B) If ordered by the village to locate or relocate its telecommunications facilities in public ways not included in a previously granted license, the village shall grant a license amendment without further application.
(Ord. 96-15, passed 4-3-96) Penalty, see § 115.999
A grantee that desires to renew its license under this subchapter shall, not more than 180 days nor less than 90 days before expiration of the current license, file an application with the village for renewal of its license which shall include the following information:
(A) The information required pursuant to § 115.031.
(B) Any information required pursuant to the license agreement between the village and the grantee.
(Ord. 96-15, passed 4-3-96) Penalty, see § 115.999
Within 90 days after receiving a complete application under § 115.043 hereof, the corporate authorities shall issue a written determination granting or denying the renewal application in whole or in part, applying the following standards. if the renewal application is denied, the written determination shall include the reasons for nonrenewal.
(A) The financial and technical ability of the applicant.
(B) The legal ability of the applicant.
(C) The continuing capacity of the public ways to accommodate the applicant's existing facilities.
(D) The applicant's compliance with the requirements of this chapter and the license agreement.
(E) Applicable federal, state and local telecommunications laws, rules and policies.
(F) Such other factors as may demonstrate that the continued grant to use the public ways will serve the community interest.
(Ord. 96-15, passed 4-3-96)
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