A. No Interference. Every Wireless Provider’s operation of a Wireless Facility must not interfere with the frequencies used by any public safety agency for public safety communications. The Wireless Provider must install SWFs of the type and frequency that will not cause interference with any public safety agency’s communications equipment. Unacceptable interference will be determined by and measured in accordance with industry standards and the FCC’s regulations addressing unacceptable interference to public safety spectrum or any other spectrum licensed by a public safety agency.
B. Curing Interference. If an SWF causes interference and the Wireless Provider has been given written notice of the interference by the Village or public safety agency, then the Wireless Provider, at its expense, must take all reasonable steps necessary to correct and eliminate the interference, including without limitation powering down the small wireless facility. The Village may terminate a permit for a SWF based on interference if the Wireless Provider is not making a good faith effort to remedy the problem in a manner consistent with the abatement and resolution procedures for interference with public safety spectrum established by the FCC including 47 CFR 22.970 through 47 CFR 22.973 and 47 CFR 90.672 through 47 CFR 90.675.
C. Compliance with Contract Terms. Every Wireless Provider must comply with all requirements imposed by a contract between the Village and a private property owner that concern design or construction standards applicable to Utility Poles and to ground-mounted equipment located in Right-Of-Way.
D. Spacing. Every Wireless Provider must comply with spacing requirements in the Chapter 14.20
or any other applicable Village code and ordinance concerning the location of ground-mounted equipment located in the Right-Of-Way. A Wireless Provider may apply for a variation of a spacing requirement.
E. Undergrounding. Every Wireless Provider must comply with all Village codes and regulations regarding undergrounding of utilities and facilities and prohibitions on installation of new, or modification of existing, Utility Poles in a Right-Of-Way. A Wireless Provider may apply for a variation of an undergrounding requirement.
F. General Village Standards. Every Wireless Provider must comply with generally applicable Village standards for construction and public safety in the Rights-Of-Way, including without limitation wiring and cabling requirements, grounding requirements, Utility Pole extension requirements, and sign restrictions. Every Wireless Provider must comply with all Village regulations applicable to the location, size, surface area and height of Wireless Facilities and the abandonment and removal of SWFs.
G. Poles for Electricity Distribution. No Wireless Services Provider may collocate a Wireless Facility on a Village Utility Pole that is part of an electricity distribution or transmission system within the communication worker safety zone of the Utility Pole or the electricity supply zone of the Utility Pole, except that the antenna and support equipment of the Wireless Facility may be located in the communications space on the Village’s Utility Pole and on the top of the Utility Pole if no other Utility Pole is available and the Wireless Provider complies with applicable codes for work involving the top of the Utility Pole. The National Electric Safety Code applies to the provisions of this Subsection G.
H. Public Safety Codes. Every Wireless Provider must comply with all applicable State, County, and Village codes, ordinances, and regulations that concern public safety.
I. Decorative, Stealth, Concealment Standards. Every Wireless Provider must comply with the Village’s generally applicable written standards for decorative Utility Poles, and the Village’s generally applicable standards regarding stealth, concealment, and aesthetics, and the Village’s design or concealment measures in a historic district or regarding a historic landmark.
J. Insurance. Every Wireless Provider must provide proof of the following insurance coverage: (1) Comprehensive Motor Vehicle Liability with limits for vehicles owned, non-owned or rented not less than $2,000,000 Bodily Injury and Property Damage Combined Single Limit, and (2) Commercial General Liability with limits not less than $5,000,000 Bodily Injury and Property Damage Combined Single Limit, and coverage written on an “occurrence” basis, and coverage to include Premises Operations, Independent Contractors, Personal Injury (with Employment Exclusion deleted), Broad Form Property Damage Endorsement, “X,” “C,” and “U,” and Contractual Liability.
K. Indemnification. Every Wireless Provider must agree that it will indemnify, save harmless, and defend the Village against all damages, liability, claims, losses, and expenses (including attorneys’ fee) that may arise, or be alleged to have arisen, out of or in connection with an SWF.
(MC-4-2018, Added, 06/05/2018)