It is the purpose of this article to provide for the payment and recovery
of certain direct and indirect costs and expenses of the Village related to
the enforcement and administration of this chapter.
A.
Each applicant for a telecommunications license or franchise pursuant to Article III or IV of this chapter or an amendment or renewal thereof, shall pay an application review fee as set forth in Chapter 109, Fees. No application review fee shall be required of any applicant for a license or franchise pursuant to Article V of this chapter.[1]
B.
An applicant whose license or franchise application is
withdrawn or abandoned prior to approval or denial shall, within 60 days of
such withdrawal or abandonment, be refunded its application review fee, less
a reasonable sum to be determined by the Village as its expenses incurred
for the application and review process prior to the date of withdrawal or
abandonment. Such expenses may include all ascertainable costs and expenses
incurred by the Village in connection with the application.
In addition to any application fee required by this chapter, each person to whom a telecommunications license or franchise or cable franchise is granted pursuant to Articles III, IV or V of this chapter shall, within 30 days after written demand therefor by the Village, reimburse the Village for all direct or indirect costs or expenses, including professional fees, but not including salaries or overhead for Village employees, incurred by the Village in connection with any application for a telecommunications license, franchise or cable franchise, or a modification, amendment, renewal or transfer thereof. Where the Village's authority with respect to such application has been exercised in whole or in part by an entity to whom the Village has delegated such authority, the Village's direct and indirect costs and expenses as provided in this section, shall include the Village's share of such expenses incurred by such entity.
The Village may annually fix a fair and reasonable compensation to be
paid for the property rights granted to a telecommunications license or franchise
or cable franchise grantee. Nothing in this chapter shall prohibit the Village
and a grantee from agreeing to the compensation to be paid for the granted
property rights. Where a franchise or license agreement contains provision
for such compensation, no further compensation for public ways shall be required
pursuant to this section.
If a right is granted, by lease, license, franchise or other manner,
to use and occupy Village property for the installation of telecommunications
facilities, the compensation to be paid shall be fixed by the Village, unless
otherwise agreed upon in the license or franchise agreement in addition to
any other fee or reimbursement provided for in this article.
Whenever a permit is required for any construction proposed by a telecommunications
licensee or franchisee, or cable television franchisee, pursuant to any other
law, rule or regulation, payment of any fee required for such permit shall
be required, unless otherwise agreed upon in the license or franchise agreement.
Unless otherwise agreed in a license or franchise grant agreement, each
license or franchise grantee shall pay an annual license fee to the Village
equal to 5% of the gross revenues received by the licensee or franchisee pursuant
to said license or franchise fee. Such annual fee may be used by the Village
for payment or reimbursement of costs incurred in connection with reviewing,
inspecting and supervising the use and occupancy of the public ways on behalf
of the public and existing or future users and the administration and supervision
of the exercise of the license or franchise or for any other purpose permitted
by law.
