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§ 115.064 CONSTRUCTION PERMITS.
   All franchisees 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 franchisee from agreeing to alternative plan review, permit and construction procedures in a franchise agreement, provided such alternative procedures provide substantially equivalent safeguards for responsible construction practices.
(Ord. 96-15, passed 4-3-96)
§ 115.065 COMPENSATION TO VILLAGE.
   Each franchise 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 franchisee; provided, nothing in this subchapter shall prohibit the village and a franchisee from agreeing to the compensation to be paid.
(Ord. 96-15, passed 4-3-96)
§ 115.066 NONDISCRIMINATION.
   A franchisee shall make its telecommunications services available to any customer within its franchise area who shall request such service, without discrimination as to the terms, conditions, rates or charges for grantee's services; provided, however, that nothing in this subchapter shall prohibit a franchisee from making any reasonable classifications among differently situated customers.
(Ord. 96-15, passed 4-3-96) Penalty, see § 115.999
§ 115.067 SERVICE TO THE VILLAGE.
   A franchisee shall make its telecommunications services available to the village at its most favorable rate for similarly situated users, unless otherwise provided in a license or franchise agreement.
(Ord. 96-15, passed 4-3-96) Penalty, see § 115.999
§ 115.068 AMENDMENT OF GRANT.
   (A)   A new franchise application and grant shall be required of any telecommunications carrier that desires to extend its franchise territory or to locate its telecommunications facilities in public ways of the village which are not included in a franchise 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 franchise, the village shall grant a franchise amendment without further application.
(Ord. 96-15, passed 4-3-96)
§ 115.069 RENEWAL APPLICATIONS.
   A grantee that desires to renew its franchise under this subchapter shall, not more than 240 days nor less than 150 days before expiration of the current franchise, file an application with the village for renewal of its franchise which shall include the following information:
   (A)   The information required pursuant to § 115.056.
   (B)   Any information required pursuant to the franchise agreement between the village and the grantee.
(Ord. 96-15, passed 4-3-96) Penalty, see § 115.999
§ 115.070 RENEWAL DETERMINATIONS.
   Within 150 days after receiving a complete application under § 115.069 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 Title and the franchise 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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