(A) Existing agreements between the village and wireless providers that relate to the collocation of small wireless facilities in the right-of-way, including the collocation of small wireless facilities on village utility poles, that are in effect on July 1, 2018, remain in effect for all small wireless facilities collocated on the village’s utility poles pursuant to applications submitted to the village before July 1, 2018, subject to applicable termination provisions contained therein. Agreements entered into after July 1, 2018, shall comply with this chapter.
(B) A wireless provider that has an existing agreement with the village on the effective date of the Act may accept the rates, fees and terms that the village makes available under this chapter for the collocation of small wireless facilities or the installation of new utility poles for the collocation of small wireless facilities that are the subject of an application submitted two or more years after the effective date of the Act by notifying the village that it opts to accept such rates, fees and terms. The existing agreement remains in effect, subject to applicable termination provisions, for the small wireless facilities the wireless provider has collocated on the village’s utility poles pursuant to applications submitted to the village before the wireless provider provides such notice and exercises its option under this division (B).
(Ord. 2018-O-041, passed 7-17-18)