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§ 115.039 CONSTRUCTION PERMITS.
   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
§ 115.040 COMPENSATION TO VILLAGE.
   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)
§ 115.041 SERVICE TO VILLAGE USERS.
   A licensee may be permitted to offer or provide telecommunications services to persons or areas within the village upon submitting an application for approval pursuant to §§ 115.055 through 115.071 hereof.
(Ord. 96-15, passed 4-3-96)
§ 115.042 AMENDMENT OF GRANT.
   (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
§ 115.043 RENEWAL APPLICATIONS.
   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
§ 115.044 RENEWAL DETERMINATIONS.
   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)
§ 115.045 OBLIGATION TO CURE AS A CONDITION OF RENEWAL.
   No license shall be renewed until any ongoing violations or defaults in the licensee's performance of the license agreement, or of the requirements of this chapter, have been cured, or a plan detailing the corrective action to be taken by the grantee has been approved by the village.
(Ord. 96-15, passed 4-3-96) Penalty, see § 115.999
TELECOMMUNICATIONS FRANCHISE
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