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:
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 Franchise Policy and Communications 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 as the term is defined in the Cable
Act.
CABLE SERVICE
For the purpose of this chapter shall have 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.
FEDERAL COMMUNICATIONS COMMISSION (FCC)
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 with 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 the
underground supports and foundations for such facilities.
PERSON
Includes corporations, companies, associations, joint-stock
companies or associations, firms, partnerships, limited liability
companies and individuals and includes their lessors, trustees and
receivers.
PUBLIC SERVICE COMMISSION (PSC)
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.
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
Includes all public streets and utility easements, as those
terms are defined herein, now or hereafter owned or under the control
or jurisdiction of 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 New York Public Service Commission,
to allow its use by a telecommunications carrier for a pole attachment.
TELECOMMUNICATIONS CARRIER
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.
TELECOMMUNICATIONS FACILITIES
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
Includes 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 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.
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 New York Public Service Commission.
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, 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.
VILLAGE PROPERTY
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
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 services originating or terminating in the Village shall register with the Village pursuant to Article
II of this chapter. The 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 in 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 that desires to construct, install, operate, maintain or locate telecommunications facilities in any public way in 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:
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.
Any person found guilty of violating, disobeying, omitting, neglecting or refusing to comply with any of the provisions of this chapter shall be punished as provided in §
2-4 of this Code. 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.