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§ 115.059 NONEXCLUSIVE GRANT.
   No franchise 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)
§ 115.060 TERM OF GRANT.
   Unless otherwise specified in a franchise agreement, a telecommunications franchise granted hereunder shall be valid for a term of ten years.
(Ord. 96-15, passed 4-3-96)
§ 115.061 RIGHTS GRANTED.
   No franchise granted under this subchapter shall convey any right, title or interest in the public ways, but shall be deemed a franchise only to use and occupy the public ways for the limited purposes and term stated in the grant. Further, no franchise shall be construed as any warranty of title.
(Ord. 96-15, passed 4-3-96)
§ 115.062 FRANCHISE TERRITORY.
   A telecommunications franchise granted under this subchapter shall be limited to the specific geographic area of the village to be served by the franchise grantee, and the specific public ways necessary to serve such areas.
(Ord. 96-15, passed 4-3-96)
§ 115.063 LOCATION OF FACILITIES.
   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 such utility facility.
   (B)   A franchisee 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 franchisee 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 carriers.
(Ord. 96-15, passed 4-3-96) Penalty, see § 115.999
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