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 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 cost 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.
Unless otherwise expressly stated, the following words, for the purposes of this chapter, have the meanings herein indicated:
AFFILIATE
A person that (directly or indirectly) owns or controls, is owned or controlled by or is under common ownership or control with another person.
CABLE ACT
The Cable Communications Policy Act of 1984, 47 U.S.C. § 532 et seq., as now and hereafter amended, and the Telecommunications Act of 1996.
CABLE OPERATOR
A telecommunications carrier providing or offering to provide cable service within the Village.
CABLE SERVICE
The same meaning provided by the Cable Act.
CORPORATE AUTHORITIES
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.
EXCESS CAPACITY
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.
FCC or FEDERAL COMMUNICATIONS COMMISSION
The federal administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers on a national level.
OTHER WAYS
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.
OVERHEAD FACILITIES
Utility poles, utility facilities and telecommunications facilities located above the surface of the ground, including, but not limited to, the underground supports and foundations for such facilities.
PERSON
Corporations, companies, associations, joint-stock companies, associations, firms, partnerships, limited liability companies and individuals and their lessors, trustees and receivers.
PSC or PUBLIC SERVICE COMMISSION
The State Public Service Commission or any lawful successor state administrative agency authorized to regulate and oversee telecommunications carriers, services and providers in the state.
PUBLIC STREET
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.
PUBLIC WAY
All public streets and utility easements, 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.
STATE
The State of New York.
SURPLUS SPACE
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 PSC, to allow its use by a telecommunications carrier for a pole attachment.
TELECOMMUNICATIONS CARRIER
Every person that directly or indirectly owns, controls, operates or manages plants, equipment or property within the Village used or to be used for the purpose of offering telecommunications service.
TELECOMMUNICATIONS FACILITIES or TELECOMMUNICATIONS SYSTEM
The plant, equipment and property, including, but not limited to, cables, wires, conduits, ducts, pedestals, antennas, electronics and other appurtenances used or to be used to transmit, receive, distribute, provide or offer telecommunications services.
TELECOMMUNICATIONS PROVIDER
Every person who provides telecommunications service over telecommunications facilities without any ownership or management control of the facilities.
TELECOMMUNICATIONS SERVICE
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/or video programming information between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities, with or without the benefit of any closed transmission medium.
UNDERGROUND FACILITIES
Utility and telecommunications facilities located under the surface of the ground, excluding the underground foundations or supports for overhead facilities.
USABLE SPACE
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 PSC.
UTILITY EASEMENT
Any easement owned by the Village and acquired, established, dedicated or devoted for public utility purposes not inconsistent with telecommunications facilities.
UTILITY FACILITIES
The plant, equipment and property, including but not limited to the poles, pipes, mains, conduits, ducts, cables, wires, plants and equipment located under, on or above the surface of the ground within the public ways and used or to be used for the purpose of providing utility or telecommunications services.
VILLAGE
The Village of Kings Point.
VILLAGE PROPERTY
All real property owned by the Village, other than public streets and utility easements, and all property held in a proprietary capacity by the Village, which is 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 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 are not subject to the jurisdiction of the Village.
Except as otherwise provided herein, 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 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:
A. 
The expiration of said franchise agreement; or
B. 
An amendment to an unexpired franchise agreement, unless both parties agree to defer full compliance to a specific date not later than the present expiration date.
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Editor's Note: Former § 145-8, Penalties for offenses, was repealed 5-19-2003 by L.L. No. 8-2003. See now Ch. 116, Penalties.
Nothing in this chapter shall be construed as limiting any judicial remedies that the Village may have, at law or in equity, for enforcement of this chapter.