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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
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)
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)
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)
No franchise shall be renewed until any ongoing violations or defaults in the grantee's performance of the franchise 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)
CABLE FRANCHISE
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