The purpose and intent of this chapter is to:
A.
Establish a local policy concerning telecommunications
providers and services.
B.
Establish clear local guidelines, standards and time
frames for the exercise of local authority with respect to the regulation
of telecommunications providers and services.
C.
Promote competition in telecommunications.
D.
Minimize unnecessary local regulation of telecommunications
providers and services.
E.
Encourage the provision of advanced and competitive
telecommunications services on the widest possible basis to the businesses,
institutions and residents of the village.
F.
Permit and manage reasonable access to the public
ways of the village for telecommunications purposes on a competitively
neutral basis.
G.
Conserve the limited physical capacity of the public
ways held in public trust by the village.
H.
Assure that the village's current and ongoing costs
of granting and regulating private access to and use of the public
ways are fully paid by the persons seeking such access and causing
such costs.
I.
Secure fair and reasonable compensation to the village
and the residents of the village for permitting private use of the
public ways.
J.
Assure that all telecommunications carriers providing
facilities or services within the village comply with the laws, rules
and regulations of the village.
K.
Assure that the village can continue to fairly and
responsibly protect the public health, safety and welfare.
L.
Enable the village to discharge its public trust consistent
with rapidly evolving federal and state regulatory policies, industry
competition and technological development.
For the purpose of this chapter, and the interpretation
and enforcement thereof, the following words and phrases shall have
the following meanings, unless the context of the sentence in which
they are used shall indicate otherwise:
A person that (directly or indirectly) owns or controls,
is owned or controlled by, or is under common ownership or control
with another person.
The Cable Communications Policy Act of 1984, 47 U.S.C. § 99532
et seq., as now and hereafter amended, and the Telecommunications
Act of 1996.
A telecommunications carrier providing or offering to provide
"cable service" within the village as that term is defined in the
Cable Act.
For the purpose of this chapter shall have the same meaning
provided by the Cable Act.
The Mayor and Board of Trustees of the village. Notwithstanding
the foregoing, the village may, where permitted by law, delegate to
another person or entity, including an entity established by the village
in cooperation with one or more other municipalities, some or all
of the authority vested in the village as to one or more subjects
which are encompassed by this chapter.
The volume or capacity in any existing or future duct, conduit,
manhole, handhole or other utility facility within the public way
that is or will be available for use for additional telecommunications
facilities.
The Federal administrative agency, or lawful successor, authorized
to regulate and oversee telecommunications carriers, services and
providers on a national level.
The highways, streets, alleys, utility easements or other
rights-of-way within the village, but under the jurisdiction and control
of a governmental entity other than the village.
Utility poles, utility facilities and telecommunications
facilities located above the surface of the ground, including the
underground supports and foundations for such facilities.
Includes corporations, companies, associations, joint-stock
companies or associations, firms, partnerships, limited liability
companies and individuals and includes their lessors, trustees and
receivers.
The New York State Public Service Commission, or any lawful
successor state administrative agency authorized to regulate and oversee
telecommunications carriers, services and providers in the State of
New York.
Any highway, street, alley or other public right-of-way for
motor vehicle travel under the jurisdiction and control of the village
which has been acquired, established, dedicated or devoted to highway
purposes not inconsistent with telecommunications facilities.
Includes all public streets and utility easements, as those
terms are defined herein, now or hereafter owned by the village, but
only to the extent of the village's right, title, interest or authority
to grant a license or franchise to occupy and use such streets and
easements for telecommunications facilities.
The State of New York.
That portion of the usable space on a utility pole which
has the necessary clearance from other pole users, as required by
the orders and regulations of the New York Public Service Commission,
to allow its use by a telecommunications carrier for a pole attachment.
Includes every person that directly or indirectly owns, controls,
operates or manages plant, equipment or property within the village,
used or to be used for the purpose of offering telecommunications
service.
The plant, equipment and property, including but not limited
to cables, wires, conduits, ducts, pedestals, antennae, electronics
and other appurtenances used or to be used to transmit, receive, distribute,
provide or offer telecommunications services.
Includes every person who provides telecommunications service
over telecommunications facilities without any ownership or management
control of the facilities.
The providing or offering for rent, sale or lease, or in
exchange for other value received, of the transmittal of voice, data,
image, graphic and video programming information between or among
points by wire, cable, fiber optics, laser, microwave, radio, satellite
or similar facilities, with or without benefit of any closed transmission
medium.
See "telecommunications facilities."
Utility and telecommunications facilities located under the
surface of the ground, excluding the underground foundations or supports
for overhead facilities.
The total distance between the top of a utility pole and
the lowest possible attachment point that provides the minimum allowable
vertical clearance as specified in the orders, rules and regulations
of the New York Public Service Commission.
Any easement owned by the village and acquired, established,
dedicated or devoted for public utility purposes not inconsistent
with telecommunications facilities.
The plant, equipment and property, including but not limited
to the poles, pipes, mains, conduits, ducts, cables, wires, plant
and equipment located under, on or above the surface of the ground
within the public ways of the village and used or to be used for the
purpose of providing utility or telecommunications services.
The Village of Flower Hill.
Includes all real property owned by the village, other than
public streets and utility easements as those terms are defined herein,
and all property held in a proprietary capacity by the village, which
are not subject to right-of-way licensing and franchising as provided
in this chapter.
Except as otherwise provided herein, all telecommunications carriers and providers engaged in the business of transmitting, supplying or furnishing of telecommunications services originating or terminating in the village shall register with the village pursuant to Article II of this chapter. This requirement for registration shall not apply with respect to any activities which, by reason of applicable federal or state law, are not subject to regulation by the village or is not subject to the jurisdiction of the village.
Except as otherwise provided therein, no telecommunications carrier shall construct, install, operate, maintain or otherwise locate telecommunications facilities in, under, over or across any public way of the village for the purpose of providing telecommunications service solely to persons and areas outside the village, without first obtaining a license from the village pursuant to Article III of this chapter. This section shall not be applicable to such activities of any telecommunications carrier for which, by reason of applicable federal or state law, no license is required from the village.
Except as otherwise provided herein, any telecommunications carriers who desire to construct, install, operate, maintain or otherwise locate telecommunications facilities in, under, over or across any public way of the village, and to also provide telecommunications service to persons or areas in the village, shall first obtain a franchise granting the use of such public ways from the village pursuant to Article IV of this chapter. This section shall not be applicable to the activities of any telecommunications carrier for which, by reason of applicable federal or state law, no franchise is required from the village.
Except as otherwise provided herein, any telecommunications carrier who desires to construct, install, operate, maintain or locate telecommunications facilities in any public way of the village for the purpose of providing cable television service to persons in the village shall first obtain a cable franchise from the village as provided in Article V of this chapter.
This chapter shall not be applicable to any
telecommunications service for which a franchise or license from the
village is in effect at the effective date of this law, until:
Any person found guilty of violating, disobeying,
omitting, neglecting or refusing to comply with any of the provisions
of this chapter shall be fined not less than $100 nor more than $250
for each offense. A separate and distinct offense shall be deemed
committed each day on which a violation occurs or continues.
Nothing in this chapter shall be construed as
limiting any other remedies that the village may have, at law or in
equity, for enforcement of this chapter.
