All facilities shall be constructed, installed and located in accordance with the following terms and conditions, unless otherwise specified in a license or franchise agreement:
(A) A grantee shall install its telecommunications facilities within an existing underground duct or conduit whenever excess capacity exists within such utility facility.
(B) A grantee 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 grantee 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