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 license or franchise grantees are required to obtain construction permits for telecommunications facilities as required in Article
VII of this chapter. However, nothing in this chapter shall prohibit the Village and a grantee 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 or by other persons authorized
to use or be present in or upon the public ways. All such facilities
shall be moved by the franchisee or licensee, temporarily or permanently,
as determined by the Village Engineer, at the sole cost and expense
of the franchisee or licensee.
No franchisee or licensee, 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 way or the Village, other ways
or other property located in, on or adjacent thereto.
Unless otherwise provided in a license or franchise agreement,
no franchisee or licensee, nor any person acting on the grantee's
behalf, shall commence any nonemergency work in or about the public
ways in the Village or other ways without 10 working days' advance
notice written to the Village.
In the event of an unexpected repair or emergency, a franchisee
or licensee may commence such repair and emergency response work as
required under the circumstances, provided that notification is given
the Village as promptly as possible, before such repair or emergency
work or as soon thereafter as possible if advance notice if not practicable.
Each franchisee and licensee shall maintain its facilities in
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
license or franchise grantee shall, at its own expense, 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, licensee, telecommunications carrier or other person
that owns, controls or maintains any unauthorized telecommunications
system, facility or related appurtenances within the public ways in
the Village shall, at its own expense, remove such facilities or appurtenances
from the public ways in the Village.
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 grantee's telecommunications
license or franchise.
(2) Upon abandonment of a facility within the public ways in the Village.
(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 grantee's telecommunications license or
franchise.
The Village retains the right and privilege to cut or move any
telecommunications facilities located within the public ways of the
Village, as the Village may determine to be necessary, appropriate
or useful in response to any public health or safety emergency.
Each registrant, franchisee and licensee 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 franchisee
and licensee shall:
A. Furnish the Village with information sufficient to demonstrate that
the franchisee or licensee has complied with all requirements of this
chapter and that all municipal sales, message and/or telecommunications
or other taxes due the Village in connection with the telecommunications
services and facilities provided by the franchisee or licensee have
been properly collected and paid.
B. Make all books, records, maps and other documents, maintained by
the franchisee or licensee 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
franchisee and licensee shall, as a condition of the franchise or
license, 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
and its elected and appointed officers, officials, agents and employees
are named as principal, or additional insured:
(1) Comprehensive general liability insurance with limits not less than:
(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 grantee throughout the term of the telecommunications
license or franchise and such other period of time during which the
grantee is operating without a franchise or license hereunder or is
engaged in the removal of its telecommunications facilities. Unless
otherwise agreed by the Village, 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 the 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
franchisee or licensee shall obtain and furnish to the Village documentation
of replacement insurance policies meeting the requirements of this
section.
Each licensee or franchisee shall, to the extent permitted by
law, defend, indemnify and hold the Village and its officers, employees,
agents and representatives harmless from and against any and all damages,
losses and expenses, including reasonable attorney's 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 grantee 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 the license or franchise agreement provides for a security
fund to be used for payments of penalties, if any, imposed for violation
or breach of the conditions of any such agreement or license, such
fund shall serve as security for the full and complete performance
of the terms and condition 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 grantee 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 grantee:
(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 grantee's
act or default.
(2) Providing a reasonable opportunity for the grantee to first remedy
the existing or ongoing default or failure, if applicable.
(3) Providing a reasonable opportunity for the grantee to pay any moneys
due the Village before the Village withdraws the amount thereof from
the security fund, if applicable.
(4) Providing that the grantee will be given an opportunity to review
the act, default or failure described in the notice.
C. The licensee or 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 grantee,
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 franchisee or licensee, and the proposed assignee or transferee
of the franchise, 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
grantee 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 grantee, of the ownership or working control of a telecommunications license or franchise, of the ownership of working control of affiliated entities having ownership or working control of the grantee or of a telecommunications system, or of control of the capacity or bandwidth of the grantee's telecommunications system, facilities or substantial parts thereof, shall be considered an assignment or transfer requiring Village approval pursuant to §
118-65 hereof. Transactions between affiliated entities are not exempt from Village approval.
A license or franchise granted by the Village to use or occupy
public ways of the Village may be revoked for any of the following
reasons:
A. Construction or operation in the Village or in the public ways in
the Village without a license or franchise grant of authorization.
B. Construction or operation at an unauthorized location.
C. Unauthorized substantial transfer of control of the grantee.
D. Unauthorized assignment of a license or franchise.
E. Unauthorized sale, assignment or transfer of the grantee's franchise
or license assets or a substantial interest therein.
F. Misrepresentation or lack of candor by or on behalf of a grantee
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 grantee.
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 grantee 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 corporate
authorities shall provide the grantee with notice and a reasonable
opportunity to be heard concerning the matter.
If persuaded that the grantee has violated or failed to comply
with material provisions of this chapter, or of a franchise or license
agreement, the corporate authorities 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 the franchisee or licensee has a history of overall compliance.
F. Whether the violation was voluntarily disclosed, admitted or cured.