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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
All license or franchise grantees shall, before commencing any construction in the public ways, comply with all regulations of J.U.L.I.E.
(Ord. 96-15, passed 4-3-96) Penalty, see § 115.999
All license or franchise grantees are required to obtain construction permits for telecommunications facilities as required in §§ 115.150 through 115.168. However, nothing in this subchapter shall prohibit the village and a grantee from agreeing to alternative plan review, permit and construction procedures in a license or franchise agreement, provided such alternative procedures provide substantially equivalent safeguards for responsible construction practices.
(Ord. 96-15, passed 4-3-96) Penalty, see § 115.999
No license or franchise grantee may locate or maintain its telecommunications facilities so as to unreasonably interfere with the use of the public ways by the village, by the general public or by other persons authorized to use or be present in or upon the public ways. All such facilities shall be moved by the grantee, temporarily or permanently, as determined by the Village Engineer.
(Ord. 96-15, passed 4-3-96) Penalty, see § 115.999
No license or franchise grantee nor any person acting on a grantee's behalf shall take any action or permit any action to be done which may impair or damage any village property, public ways of the village, other ways or other property located in, on or adjacent thereto.
(Ord. 96-15, passed 4-3-96) Penalty, see § 115.999
Unless otherwise provided in a license or franchise agreement, no license or franchise grantee, nor any person acting on the grantee's behalf, shall commence any non-emergency work in or about the public ways of the village or other ways without ten working days advance notice to the village.
(Ord. 96-15, passed 4-3-96) Penalty, see § 115.999
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