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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
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
(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)
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
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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