All facilities shall be constructed, installed, located, used and operated
in accordance with the terms and conditions contained in a license or franchise
agreement.
All licensees and franchisees are required to obtain construction permits
for telecommunications facilities. However, nothing in this chapter shall
prohibit the Village and a licensee or franchisee from agreeing to alternative
plan review, permit and construction procedures in a license or franchise
agreement, provided that such alternative procedures provide substantially
equivalent safeguards for responsible construction practices.
No licensee or franchisee may locate or maintain telecommunications
facilities so as to unreasonably interfere with the use of the public ways
by the Village, by the general public or by other persons authorized to use
or be present in or upon the public ways. All such facilities shall be moved
by the licensee or franchisee, temporarily or permanently, as determined by
the Village Engineer, at the sole cost and expense of the licensee or franchisee.
No licensee or franchisee, nor any person acting on their behalf, shall
take any action or permit any action to be done which may impair or damage
any Village property, public ways, other ways or other property located in,
on or adjacent thereto, except as is necessarily required in the course of
permitted construction under the license or franchise agreement.
Unless otherwise provided in a license or franchise agreement, no licensee
or franchisee, nor any person acting on their behalf, shall commence any nonemergency
work in or about the public ways or other ways without 10 working days' advance
written notice to the Village.
In the event of an emergency or the need for an unexpected repair for
which it is not reasonable to provide 10 working days' advance written notice
to the Village, a licensee or franchisee may commence such emergency response
work or repair, as may be required under the circumstances, provided that
notification is given to the Village as soon as practicable under the circumstances.
Each licensee or franchisee shall maintain its facilities in a good
and safe condition and in a manner that complies with all applicable federal,
state and local requirements.
Within 30 days following written notice from the Village, a licensee
or franchisee shall, temporarily or permanently, remove, relocate, change
or alter the position of any telecommunications facilities within the public
ways, at the franchisee or licensee's sole cost and expense, whenever the
corporate authorities shall have determined that such removal, relocation,
change or alteration is reasonably necessary for:
A. The construction, repair, maintenance or installation
of any Village or other public improvement in or upon the public ways.
B. The operations of the Village or other governmental entity
in or upon the public ways.
A. No later than 30 days following written notice from the
Village, any franchisee, telecommunications carrier or other person that owns,
controls or maintains any unauthorized telecommunications system, facility
or related appurtenances within the public ways shall, at its own cost and
expense, remove such facilities or appurtenances from the public ways.
B. A telecommunications system or facility is unauthorized
and its facilities subject to removal in the following circumstances:
(1) Upon expiration or termination of the licensee or franchisee's
telecommunications license or franchise.
(2) Upon abandonment of a facility within the public ways.
(3) If the system or facility was constructed or installed
without the prior grant of a telecommunications license or franchise.
(4) If the system or facility was constructed or installed
without the prior issuance of a required construction permit.
(5) If the system or facility was constructed or installed
at a location not permitted by the licensee or franchisee's telecommunications
license or franchise.
The Village retains the right and privilege to cut or move any telecommunications
facilities located within the public ways as the Village may determine to
be necessary, appropriate or useful in response to any public health or safety
emergency.
Each registrant, licensee and franchisee shall provide the Village with
an accurate map or maps certifying the location of all telecommunications
facilities within the public ways and shall provide updated maps annually.
Within 10 days of a written request from the Village, each licensee
and franchisee shall:
A. Furnish the Village with information sufficient to demonstrate
that the licensee or franchisee has complied with all requirements of this
chapter and that all municipal telecommunications tax, utility receipts tax
and other taxes, if any, due the Village in connection with the telecommunications
services and facilities provided by the licensee or franchisee have been properly
collected and paid.
B. Make all books, records, maps and other documents, maintained
by the licensee or franchisee with respect to its facilities within the public
ways, available for inspection by the Village at reasonable times and intervals.
A. Unless otherwise provided in a license or franchise agreement,
each licensee and franchisee shall, as a condition of the license or franchise,
secure and maintain the following insurance policies and shall provide the
Village with appropriate endorsements demonstrating, with respect to all liability
insurance policies, that the Village, its officers, officials, employees,
agents and representatives are named as principals or additional insureds:
(1) Comprehensive general liability insurance with limits
not less than the following:
(a) For bodily injury or death to each person: $5,000,000.
(b) For property damage resulting from any one accident:
$5,000,000.
(c) For all other types of liability: $5,000,000.
(2) Automobile liability for owned, nonowned and hired vehicles
with a limit of $3,000,000 for each person and $3,000,000 for each accident.
(3) Workers' compensation within statutory limits and employer's
liability insurance with limits of not less than $1,000,000.
(4) Comprehensive form premises-operations, explosions and
collapse hazard, underground hazard and products completed hazard with limits
of not less than $3,000,000.
B. The liability insurance policies required by this section
shall be maintained by the licensee or franchisee throughout the term of the
telecommunications license or franchise and, unless otherwise agreed by the
Village, each such other period of time during which the licensee or franchisee
is operating without a franchise or license hereunder or is engaged in the
removal of its telecommunications facilities. Each such insurance policy shall
contain the following endorsement: "It is hereby understood and agreed that
this policy may not be canceled nor the intention not to renew be stated until
30 days after receipt by the Village, by registered or certified mail, of
a written notice addressed to the Village of such intent to cancel or not
to renew."
C. In the event that the Village receives notice of such
cancellation or intention not to renew, within 20 days after receipt of said
notice, and in no event later than 10 days prior to said cancellation, the
licensee or franchisee shall obtain and furnish to the Village satisfactory
documentation of replacement insurance policies meeting the requirements of
this article.
Each licensee and franchisee, to the extent permitted by law, shall
defend, indemnify and hold the Village and its officers, officials, employees,
agents and representatives harmless from and against any and all damages,
losses and expenses, including reasonable attorneys' fees and costs of suit
or defense, arising out of, resulting from or alleged to arise out of or result
from the negligent, careless or wrongful acts, omissions, failures to act
or misconduct of the licensee or franchisee or its affiliates, officers, employees,
agents, contractors or subcontractors in the construction, operation, maintenance,
repair or removal of its telecommunications facilities and in providing or
offering telecommunications services over the facilities or network, whether
such acts or omissions are authorized, allowed or prohibited by this chapter
or by a grant agreement made or entered into pursuant to this chapter.
A. Where a license or franchise agreement provides for a
security fund to be used for payments of penalties, if any, imposed for a
violation or breach of the conditions of any such agreement, such fund shall
serve as security for the full and complete performance of the terms and conditions
of the license or franchise agreement and the requirements of this chapter,
including any costs, expenses, damages or loss the Village pays or incurs
because of any failure attributable to the licensee or franchisee to comply
with the codes, ordinances, rules, regulations or permits of the Village.
B. Before any sums are withdrawn from the security fund,
the Village shall give written notice to the licensee or franchisee:
(1) Describing, the act, default or failure to be remedied
or the damages, cost or expenses which the Village has incurred by reason
of the licensee or franchisee's act or default.
(2) Providing a reasonable opportunity for the licensee or
franchisee to first remedy the existing or ongoing default or failure, if
applicable.
(3) Providing a reasonable opportunity for the licensee or
franchisee to pay any moneys due the Village before the Village withdraws
the amount thereof from the security fund, if applicable.
(4) Providing that the licensee or franchisee will be given
an opportunity to review the act, default or failure described in the notice.
C. The licensee and franchisee shall replenish the required
security fund within 14 days after written notice from the Village that there
is a deficiency in the amount of the fund.
A. Ownership or control of a telecommunications system,
license or franchise may not, directly or indirectly, be transferred, assigned
or disposed of by sale, lease, merger, consolidation or other act of the licensee
or franchisee, by operation of law or otherwise, without the prior consent
of the Village, which consent shall not be unreasonably withheld or delayed,
as expressed by resolution, and then only on such reasonable conditions as
may be prescribed therein.
B. No grant shall be assigned or transferred in any manner
within 12 months after the initial grant of the license or franchise, unless
otherwise provided in a license or franchise agreement.
C. Absent extraordinary and unforeseeable circumstances,
no grant, system or integral part of a system shall be assigned or transferred
before construction of the telecommunications system has been completed.
D. The licensee or franchisee and the proposed assignee
or transferee of the license, system, or facility shall provide and certify
the following information to the Village not less than 150 days prior to the
proposed date of transfer:
(1) Complete information setting forth the nature, terms
and conditions of the proposed transfer or assignment.
(2) All information required of a license or franchise applicant pursuant to Article
III,
IV or
V of this chapter with respect to the proposed transferee or assignee.
(3) Any other information reasonably required by the Village.
E. No transfer shall be approved unless the assignee or
transferee has the legal, technical, financial and other requisite qualifications
to own, hold and operate the telecommunications system pursuant to this chapter.
F. Unless otherwise provided in a license or franchise agreement,
the licensee or franchisee shall reimburse the Village for all direct and
indirect fees, costs and expenses reasonably incurred by the Village in considering
a request to transfer or assign a telecommunications license or franchise.
G. Any transfer or assignment of a telecommunications grant,
system or integral part of a system, without prior approval of the Village
under this section or pursuant to a license or franchise agreement, shall
be void and is cause for revocation of the grant.
Any transactions which singularly or collectively result in a change of 10% or more of the ownership or working control of the licensee or franchisee, of the ownership or working control of a telecommunications license or franchise, of the ownership or working control of affiliated entities having ownership or working control of the licensee or franchisee or of a telecommunications system or of control of the capacity or bandwidth of the licensee or franchisee's telecommunications system, facilities or substantial parts of this article shall be considered an assignment or transfer requiring Village approval pursuant to §
145-67 of this article. Transactions between affiliated entities are not exempt from Village approval.
A license or franchise granted by the Village to use or occupy public
ways may be revoked for the following reasons:
A. Construction or operation in the Village or in the public
ways without a license or franchise grant of authorization.
B. Construction or operation at an unauthorized location.
C. Unauthorized substantial transfer of control of the licensee
or franchisee.
D. Unauthorized assignment of a license or franchise.
E. Unauthorized sale, assignment or transfer of the licensee
or franchisee's franchise or license assets, or a substantial interest therein.
F. Misrepresentation or lack of candor by or on behalf of
a licensee or franchisee in any application to the Village.
G. Abandonment of telecommunications facilities in the public
ways.
H. Failure to relocate or remove facilities as required
in this chapter.
I. Failure to pay taxes, compensation, fees or costs when
and as due the Village.
J. Insolvency or bankruptcy of the licensee or franchisee.
K. Violation of material provisions of this chapter.
L. Violation of the material terms of a license or franchise
agreement.
Unless otherwise provided in the license or franchise agreement, in
the event that the Village believes that grounds exist for revocation of a
license or franchise, it shall give the licensee or franchisee written notice
of the apparent violation or noncompliance, providing a short and concise
statement of the nature and general facts of the violation or noncompliance
and providing the licensee or franchisee a reasonable period of time not exceeding
30 days to furnish evidence:
A. That corrective action has been or is being actively
and expeditiously pursued to remedy the violation or noncompliance.
B. That rebuts the alleged violation or noncompliance.
C. That it would be in the public interest to impose some
penalty or sanction less than revocation.
The Village Board of Trustees, or a person designated by the Board of
Trustees for such purpose, shall consider the apparent violation or noncompliance
in a public meeting, with respect to which the Board of Trustees shall provide
the licensee or franchisee with notice and a reasonable opportunity to be
heard concerning the matter.
If persuaded that the licensee or franchisee has violated or failed
to comply with material provisions of this chapter, or of a franchise or license
agreement, the Board of Trustees shall determine whether to revoke the license
or franchise, or to establish some lesser sanction and cure, considering the
nature, circumstances, extent and gravity of the violation as reflected by
one or more of the following factors:
A. Whether the misconduct was egregious.
B. Whether substantial harm resulted.
C. Whether the violation was intentional.
D. Whether there is a history of prior violations of the
same or other requirements.
E. Whether there is a history of overall compliance.
F. Whether the violation was voluntarily disclosed, admitted
or cured.