A telecommunications license shall be required
of any telecommunications carrier who desires to occupy specific public
ways of the village for the sole purpose of providing telecommunications
services to persons or areas outside the village.
An application for a telecommunications license
shall include the following information:
A. The identity of the license applicant, including all
affiliates of the applicant.
B. A description of the telecommunications services that
are or will be offered or provided by licensee over its telecommunications
facilities.
C. A description of the transmission medium that will
be used by the licensee to offer or provide such telecommunications
services.
D. Preliminary engineering plans, specifications and
a network map of the facilities to be located within the village,
all in sufficient detail to identify:
(1) The location and route requested for applicant's proposed
telecommunications facilities.
(2) The location of all overhead and underground public
utility, telecommunication, cable, water, sewer drainage and other
facilities in the public way along the proposed route.
(3) The locations, if any, for interconnection with the
telecommunications facilities of other telecommunications carriers.
(4) The specific trees, structures, improvements, facilities
and obstructions, if any, that applicant proposes to temporarily or
permanently remove or relocate.
E. If applicant is proposing to install overhead facilities,
evidence that surplus space is available for locating its telecommunications
facilities on existing utility poles along the proposed route.
F. If applicant is proposing an underground installation
in existing ducts or conduits within the public ways, information
in sufficient detail to identify:
(1) The excess capacity currently available in such ducts
or conduits before installation of applicant's telecommunications
facilities.
(2) The excess capacity, if any, that will exist in such
ducts or conduits after installation of applicant's telecommunications
facilities.
G. If applicant is proposing an underground installation
within new ducts or conduits to be constructed within the public ways:
(1) The location proposed for the new ducts or conduits.
(2) The excess capacity that will exist in such ducts
or conduits after installation of applicant's telecommunications facilities.
H. A preliminary construction schedule and completion
date.
I. A preliminary traffic control plan.
J. Financial statements prepared in accordance with generally
accepted accounting principles demonstrating the applicant's financial
ability to construct, operate, maintain, relocate and remove the facilities.
K. Information in sufficient detail to establish the
applicant's technical qualifications, experience and expertise regarding
the telecommunications facilities and services described in the application.
L. Information to establish that the applicant has obtained
all other governmental approvals and permits to construct and operate
the facilities and to offer or provide the telecommunications services.
M. Payment of all fees, deposits or charges required pursuant to Article
VI of this chapter.
N. Such other and further information as may be required
by the village.
Within a reasonable time after receiving a complete
application for a telecommunications license, the corporate authorities
shall issue a written determination granting or denying the application
in whole or in part, applying the following standards and, if the
application is denied, the written determination shall include the
reasons for denial.
A. The financial and technical ability of the applicant.
B. The legal capacity of the applicant.
C. The capacity of the public ways to accommodate the
applicant's proposed facilities.
D. The capacity of the public ways to accommodate additional
utility and telecommunications facilities if the license is granted.
E. The damage or disruption, if any, of public or private
facilities, improvements, service, travel or landscaping if the license
is granted.
F. The public interest in minimizing the cost and disruption
of construction within the public ways.
G. The service that applicant will provide to the community
and region.
H. The effect, if any, on public health, safety and welfare
if the license is granted.
I. The availability of alternate routes and/or locations
for the proposed facilities.
J. Applicable federal and state telecommunications laws,
regulations and policies.
K. Such other factors as may demonstrate that the grant
to use the public ways will serve the community interest.
No license granted hereunder shall be effective
until the applicant and the village have executed a written agreement
setting forth the particular terms and provisions under which the
license to occupy and use public ways of the village will be exercised.
No license granted hereunder shall confer any
exclusive right, privilege, license or franchise to occupy or use
the public ways of the village for delivery of telecommunications
services or any other purposes.
No license granted under this chapter shall
convey any right, title or interest in the public ways, but shall
be deemed a license only to use and occupy the public ways for the
limited purposes and term stated in the grant. Further, no license
shall be construed as any warranty of title.
All licensees are required to obtain construction permits for telecommunications facilities as required in Article
VII of this chapter; provided, however, that nothing in this section shall prohibit the village and a licensee from agreeing to alternative plan review, permit and construction procedures in a license agreement, provided such alternative procedures provide substantially equivalent safeguards for responsible construction practices.
Each telecommunications license shall be subject
to the village's right, which is expressly reserved, to annually fix
a fair and reasonable compensation to be paid for the property rights
granted to the licensee; provided nothing in this section shall prohibit
the village and a licensee from agreeing to the compensation to be
paid.
An amendment to an existing telecommunications
license shall be required before any telecommunications carrier may
extend or locate its telecommunications facilities in public ways
of the village which are not included in a license previously granted
under this chapter.
An application for renewal of a telecommunications
license shall be filed not more than 180 days nor less than 90 days
before expiration of the current license, and shall include the following
information:
A. The information required pursuant to §
209-14.
B. Any additional information required pursuant to the
existing license agreement between the village and the grantee.
Within a reasonable time after receiving a complete
application for renewal of a telecommunications license, the corporate
authorities shall issue a written determination granting or denying
the renewal application in whole or in part, applying the following
standards and, if the renewal application is denied the written determination
shall include the reasons for nonrenewal.
A. The financial and technical ability of the applicant.
B. The legal capacity of the applicant.
C. The continuing capacity of the public ways to accommodate
the applicant's existing facilities.
D. The applicant's compliance with the requirements of
this chapter and the license agreement.
E. Applicable federal, state and local telecommunications
laws, rules and policies.
F. Such other factors as may demonstrate that the continued
grant to use the public ways will serve the community interest.
No telecommunications license shall be renewed
until any existing violations or defaults in the licensee's performance
of the license agreement, or of the requirements of this chapter,
have been cured, or a plan detailing the corrective action to be taken
by the grantee has been approved by the village.