(A) A franchise granted pursuant to this chapter shall confer upon the grantee named therein the nonexclusive right to erect, install, construct, reconstruct, replace, remove, repair, maintain, and operate in or upon, under, above, and across the streets, avenues, highways, sidewalks, bridges, and other public ways, easements, and rights-of-way, existing as of the date of the grant of the franchise and all subsequent extensions thereof and additions thereto, in and belonging to the village, all necessary towers, poles, wires, cables, coaxial cables, transformers, amplifiers, underground conduits, manholes, and other television and/or radio conductors, equipment, and fixtures for the installation, construction, maintenance, and operation of a cable communications system (including audio, video, and radio signals) or the furnishing of a cable communications service.
(B) Prior to the erection or installation of any towers, poles, guys, anchors, underground conduits, manholes, or fixtures for use in connection with the installation, construction, maintenance, or operation of a cable communications system under a franchise granted pursuant to this chapter, the grantee of a franchise hereunder desiring to erect or install the facilities for use in connection with its cable communications system shall first submit to the Director of Public Works for his or her review and approval a concise description of the facilities proposed to be erected or installed, including engineering drawings, if requested or required, together with a map indicating the proposed location of the facilities. No erection or installation of any tower, pole, guy, anchor, underground conduit, manhole, or fixture for use in a cable communications system shall be commenced by any person until approval therefor has been received from the Director of Public Works, provided, further, that the approval shall not be unreasonably withheld.
(C) Any person accepting a franchise pursuant to this chapter and erecting or installing towers or poles shall, upon written request by the village, grant the village reasonable attachment space or spaces upon the towers or poles without a rental charge for the attachment of wire or cable owned and used by the village; provided, however, that the village shall pay any costs incurred by the person in providing attachment space or spaces to the village, including all necessary costs of rearrangement of the person's wires, cables, or equipment and tower or pole replacement cost for a larger tower or pole, if required.
(D) Upon the expiration, termination, surrender, or revocation of any franchise granted pursuant to this chapter, or should any person wish otherwise to dispose of any tower or pole erected or installed for use in connection with a cable communications system, the village retains the first right and option to purchase in place the towers or poles as it may require for their fair value based upon reproduction cost less depreciation. Further, upon the expiration, termination, surrender, or revocation of any franchise granted pursuant to this chapter, title to all underground conduit and manholes erected or installed and an automatic assignment of all easements related thereto obtained for use in a cable communications system under the rights conferred in this chapter shall pass to the village under its control over its streets, alleys and public rights-of-way to protect them from things injurious and dangerous to the public.
(E) In areas or portions of the village where transmission or distribution facilities of public utilities providing telephone service and electric service are underground, or may be placed underground when installed, any person granted a franchise pursuant to this chapter shall likewise install, construct, maintain, and operate its transmission and distribution facilities in like manner underground to the maximum extent feasible and permitted by existing technology and conditions, subject to the approval of the Village Director of Public Works as provided in division (B) above.
(F) All construction, installation, maintenance, and operation of any cable communications system or of any facilities employed in connection therewith shall be in compliance with the provisions of the National Electrical Safety Code as prepared by the National Bureau of Standards, the National Electrical Code of the National Board of Fire Underwriters, the applicable telephone system's Code of Pole Line Construction, any standards issued by the Federal Communications Commission or other federal or state regulatory agencies in relation thereto, and applicable regulations of public utilities operating in the village. Every cable communications system installed, constructed, maintained, or operated in the village shall be so designed, constructed, installed, maintained, and operated as not to endanger or interfere with the safety of persons or property in the village.
(G) Any opening or obstruction in, disturbance of or damage to the streets, alleys, public rights-of-way, or public places by any person in the exercise of any right granted pursuant to this chapter shall be properly guarded by adequate barriers, lights, signals, and warnings as to prevent danger to any person or vehicle using the streets, alleys, public rights-of-way, or public place and shall be properly and promptly repaired, all in a manner specified and approved by the Director of Public Works at the franchisee's expense.
(H) Any person owning or maintaining a cable communications system or facilities therefor in or on the streets, alleys, public rights-of-way, or public places in the village shall, at its expense and without reimbursement from the village, upon request of the village, protect, support, temporarily disconnect, relocate, or remove from the street, alley, public right-of-way, or public place, any property of the person when required by reason of traffic conditions, public safety, street vacation, freeway or street construction, change or establishment of street grade, installation of sewers, drains, water pipes, power lines, signal lines, tracks, the construction or change of the transmission or distribution facilities of any telephone or electric public utility or other public improvements. Any such person shall also, at the request of any private party holding an appropriate permit issued by the village, temporarily raise or lower its cable communications transmission or distribution wires or cables to permit the moving of any building or other structure, provided that the actual expense of the temporary raising or lowering shall be paid in full by the party requesting the same.
(I) If any person shall fail to commence, pursue or complete any work required by law or by the provisions of this chapter as hereinbefore set forth to be done in any street, alley, public right-of-way, or public place as designated by the village or the Village Director of Public Works, the Director may cause the work to be done and the person shall pay to the village the cost thereof within 30 days of the receipt of an itemized statement of the cost.
(J) Any person granted a franchise pursuant to this chapter shall commence construction or installation of its cable communications system within 120 days after issuance of a certificate of compliance by the Federal Communications Commission, if such a certificate is required; otherwise within 120 days after execution of the franchise agreement.
(K) Any person granted a franchise pursuant to this chapter shall complete construction within the areas and within the periods as are designated in the franchise agreement. Any person granted a franchise pursuant to this chapter who is unable to construct according to the provisions of this section for "good cause" shall notify the Village Council, in writing, within 30 days of the occurrence of any delay or interruption of construction of more than 15 working days duration which interruption or delay would effect its inability to construct according to schedule.
(L) The grantee of the franchise shall be responsible for securing, by fee, easement, or other means, any necessary right-of-way not under the jurisdiction of the village.
(Ord. 83, passed 8-4-1980)