A telecommunications franchise shall be required of any telecommunications
carrier that desires to occupy public ways in the Village and to provide
telecommunications services to any person or area in the Village.
Any person who desires a telecommunications franchise pursuant to this Article
IV shall file an application with the Village, which shall include the following information:
A. The identity of the franchise applicant, including all affiliates
of the applicant.
B. A description of the telecommunications services that are or will
be offered or provided by the franchise applicant over its existing
or proposed facilities.
C. A description of the transmission medium that will be used by the
franchisee 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 the applicant's proposed
telecommunications facilities.
(2) The location of all overhead and underground public utility, telecommunications,
cable, water, sewer drainage, and other facilities in the public way
along the proposed route.
(3) The location(s), if any, for interconnection with the telecommunications
facilities of other telecommunications carriers.
(4) The specific trees, structures, improvements, facilities and obstructions,
if any, that the applicant proposes to temporarily or permanently
remove or relocate.
E. If the 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 the 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 installations of the applicant's telecommunications facilities.
(2) The excess capacity, if any, that will exist in such ducts or conduits
after installation of the applicant's telecommunications facilities.
G. If the 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 the applicant's telecommunications facilities.
H. A preliminary construction schedule and completion dates.
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. This shall
include copies of documentation from the public service commission
evidencing the applicant's authorization to operate as a telecommunications
franchise.
M. Whether the applicant intends to provide cable service, video dial
tone service or other video programming service and sufficient information
to determine whether such service is subject to cable franchising.
N. An accurate map showing the location of any existing telecommunications
facilities in the Village that the applicant intends to use or lease.
O. A description of the services or facilities that the applicant will
offer or make available to the Village and other public, educational
and governmental institutions.
P. A description of the applicant's access and line extension policies.
Q. The area or areas of the Village the applicant desires to serve and
a schedule for build-out to the entire franchise area.
R. Payment of all fees, deposits or charges required pursuant to Article
VI of this chapter.
S. Engineer's certification evidencing that facilities will comply
with FCC requirements and that the facilities pose no risk of explosion,
fire or other danger to life.
T. Long environmental assessment form together with a visual assessment.
U. Authorization from owner of utility pole(s).
V. Proximity to nearest park, recreation area, or historic or landmark
structure.
W. Identify alternatives considered by the applicant, including co-location,
and reasons why such alternative is not feasible.
X. Agreement to co-locate additional franchise facilities utilizing
applicant's structures.
Y. Such other and further information as may be requested by the Village.
Within a reasonable period of time after receiving a complete
application for a telecommunications franchise, 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 franchise is granted.
E. The damage or disruption, if any, of public or private facilities,
improvements, service, travel or landscaping if the franchise is granted.
F. The public interest in minimizing the cost and disruption of construction
within the public ways.
G. The service that the applicant will provide to the community and
region.
H. The effect, if any, on public health, safety and welfare if the franchise
requested 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 telecommunications franchise shall be granted unless the
applicant and the Village have executed a written agreement setting
forth the particular terms and provisions under which the franchise
to occupy and use public ways of the Village will be exercised and
a hearing is held by the Board of Trustees in connection with the
franchise agreement.
No telecommunications franchise shall convey any right, title
or interest in the public ways. Any such franchise shall be deemed
a franchise only to use and occupy the public was for the limited
purposes and term stated in the grant. Further, no franchise shall
be construed as any warranty of title.
No telecommunications franchise shall convey any right, title
or interest in the public ways. Any such franchise shall be deemed
a franchise only to use an occupy the public ways for the limited
purposes and term stated in the grant. Further, no franchise shall
be construed as any warranty of title.
All franchisees are required to obtain construction permits for telecommunications facilities as required in Article
VII of this chapter; provided, however, that nothing shall prohibit the Village and a franchisee from agreeing to alternative plan review, permit and construction procedures that provide substantially equivalent safeguards for responsible construction practices.
Each telecommunication franchise 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 franchisee,
provided that nothing shall prohibit the Village and a franchisee
from agreeing to the compensation to be paid, and further provided
that the Village shall not fix an amount of compensation which is
contrary to the provision of any such franchise agreement.
A telecommunications franchisee shall make all of its telecommunications
services available to any customer within its franchise area who shall
request such service, without discrimination as to the terms, conditions,
rates or charges for the grantee's services; provided, however,
that nothing in this section shall prohibit a franchisee from making
any reasonable classification among differently situated customers.
A franchisee shall make its telecommunications services available
to the Village at its most favorable rate for similarly situated users,
unless otherwise provided in a license or franchise agreement.
An amendment to a franchise shall be required of any telecommunications
carrier that desires to extend its franchise territory or to locate
its telecommunications facilities in public ways in the Village which
are not included in a franchise previously granted under this chapter.
Unless otherwise provided by law, an application for renewal
of a telecommunications franchise shall be filed not more than 240
days nor less than 150 days before expiration of the current franchise
and shall include the following information:
A. The information required pursuant to §
118-25 of this chapter.
B. Any information required pursuant to the franchise agreement between
the Village and the grantee.
C. The continuing capacity of the public ways to accommodate the applicant's
existing facilities and the continuing authorization of the grantee
to operate a telecommunications franchise.
D. The applicant's compliance with the requirements of this chapter
and the franchise agreement.
E. Compliance with 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 franchise shall be renewed until any ongoing
violations or defaults in the grantee's performance of the franchise
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.