The purpose and intent of this Chapter 13 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 ordinances, 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 13, 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:
A person that (directly or indirectly) owns or controls,
is owned or controlled by, or is under common ownership or control
with another person.
See Section 13-2-2 of this Code.
See Section 13-2-2 of this Code.
See Section 13-2-2 of this Code.
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.
The federal administrative agency, or lawful successor, authorized
to regulate and oversee telecommunications carriers, services and
providers on a national level.
The state administrative agency, or lawful successor, authorized
to regulate and oversee telecommunications carriers, services and
providers in the State of Illinois.
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.
Utility poles, utility facilities and telecommunications
facilities located above the surface of the ground, including the
underground supports and foundations for such facilities.
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.
Includes 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.
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 Illinois Commerce Commission, to
allow its use by a telecommunications carrier for a pole attachment.
Includes every person that directly or indirectly owns, controls,
operates or manages a plant, equipment or property within the Village,
used or to be used for the purpose of offering telecommunications
service.
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.
Includes every person who provides telecommunications service
over telecommunications facilities without any ownership or management
control of the facilities.
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.
See definition of "telecommunications facilities."
Utility and telecommunications facilities located under the
surface of the ground, excluding the underground foundations or supports
for overhead facilities.
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 and regulations of the
Illinois Commerce Commission.
Any easement owned by the Village and acquired, established,
dedicated or devoted for public utility purposes not inconsistent
with telecommunications 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.
Includes all real property owned by the Village, other than public streets and utility easements, as those terms are defined in this Section 13-1-1-2, and all property held in a proprietary capacity by the Village, which are not subject to right-of-way licensing and franchising as provided in this Chapter 13.
Except as otherwise provided in this Chapter 13, 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 for the sole purpose of providing telecommunications service to persons and areas outside the Village shall first obtain a license granting the use of such public ways from the Village pursuant to Section 13-1-3 of this Code.
Except as otherwise provided in this Chapter 13, 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 Section 13-1-4 of this Code.
Except as otherwise provided in this Chapter 13, 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 2 of this Chapter 13.
This Chapter 13 shall have no effect on any existing franchise ordinance or franchise agreement until:
Any person found guilty of violating, disobeying, omitting, neglecting or refusing to comply with any of the provisions of this Chapter 13 shall be fined in the amount set forth in the Annual Fee Resolution. A separate and distinct offense shall be deemed committed each day on which a violation occurs or continues.[1]
Nothing in this Article 1 shall be construed as limiting any judicial remedies that the Village may have, at law or in equity, for enforcement of this Chapter 13.
All telecommunications carriers and providers that offer or
provide any telecommunications service for a fee directly to the public,
either within the Village, or outside the corporate limits from telecommunications
facilities within the Village, shall register with the Village pursuant
to this Article 1 on forms to be provided by the Village Manager,
which shall include the following:
(A)
The identity and legal status of the registrant, including any
affiliates.
(B)
The name, address and telephone number of the officer, agent
or employee responsible for the accuracy of the registration statement.
(C)
A description of registrant's existing or proposed telecommunications
facilities within the Village.
(D)
A description of the telecommunications service that the registrant
intends to offer or provide, or is currently offering or providing,
to persons, firms, businesses or institutions within the Village.
(E)
Information sufficient to determine whether the registrant is subject to public way licensing or franchising under this Chapter 13.
(F)
Information sufficient to determine whether the transmission,
origination or receipt of the telecommunications services provided
or to be provided by the registrant constitutes an occupation or privilege
subject to any municipal telecommunications tax, utility message tax
or other occupation tax imposed by the Village.
(G)
Information sufficient to determine that the applicant has applied
for and received any certificate of authority required by the Illinois
Commerce Commission to provide telecommunications services or facilities
within the Village.
(H)
Information sufficient to determine that the applicant has applied
for and received any construction permit, operating license or other
approvals required by the Federal Communications Commission to provide
telecommunications services or facilities within the Village.
(I)
Such other information as the Village Manager may reasonably
require.
Each application for registration as a telecommunications carrier
or provider shall be accompanied by a fee in the amount set forth
in the Annual Fee Resolution.[1]
The purpose of registration under this Section 13-1-2 is to:
(A)
Provide the Village with accurate and current information concerning
the telecommunications carriers and providers who offer or provide
telecommunications services within the Village, or that own or operate
telecommunications facilities within the Village;
(C)
Assist the Village in the collection and enforcement of any
municipal taxes, franchise fees, license fees or charges that may
be due the Village;
(D)
Assist the Village in monitoring compliance with local, state
and federal laws.
A telecommunications license shall be required of any telecommunications
carrier who desires to occupy specific public ways of the Village
for the sole purpose of providing telecommunications services to persons
or areas outside the Village.
Any person that desires a telecommunications license pursuant to this Section 13-1-3 shall file an application with the Village Manager which shall include the following information:
(A)
The identity of the license applicant, including all affiliates
of the applicant.
(B)
A description of the telecommunications services that are or
will be offered or provided by the licensee over its telecommunications
facilities.
(C)
A description of the transmission medium that will be used by
the licensee 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,
telecommunication, 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.
(5)
The location of all sidewalks, roads, driveways, and other impervious
surfaces located within the proposed route.
(6)
The location of all public rights-of-way within, or within 100
feet of, the proposed route.
(E)
If the applicant is proposing to install overhead facilities,
evidence that: (1) the installation of the proposed facilities underground
is physically or financially impractical; and (2) 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:
(G)
If the applicant is proposing an underground installation within
new ducts or conduits to be constructed within the public ways:
(H)
A preliminary construction schedule and completion date.
(I)
A preliminary traffic-control plan in accordance with the Illinois
Manual on Uniform Traffic Control Devices.
(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.
(N)
Such other and further information as may be required by the
Village Manager.
(O)
An accurate map showing the location of any existing telecommunications
facilities in the Village that the applicant intends to use or lease.
(P)
A description of the applicant's access and line extension
policies.
Within 150 days after receiving a complete application under Section 13-1-3-2 of this Code, the corporate authorities shall issue a written determination granting or denying the application in whole or in part, applying the following standards. If the application is denied, the written determination shall include the reasons for denial.
(A)
The financial condition and technical ability of the applicant.
(B)
The legal qualifications 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 license is granted.
(E)
The damage or disruption, if any, of public or private facilities,
improvements, service, travel or landscaping if the license 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 license 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 license granted hereunder shall be effective until the applicant
and the Village have executed a written agreement setting forth the
particular terms and provisions under which the license to occupy
and use public ways of the Village will be granted.
No license granted under this Section 13-1-3 shall confer any exclusive right, privilege, license or franchise to occupy or use the public ways of the Village for delivery of telecommunications services or any other purposes.
No license granted under this Section 13-1-3 shall convey any right, title or interest in the public ways, but shall be deemed a license only to use and occupy the public ways for the limited purposes and term stated in the grant. Further, no license shall be construed as any warranty of title.
Unless otherwise specified in a license agreement, a telecommunications
license granted hereunder shall be in effect for a term of five years.
A telecommunications license granted under this Section 13-1-3 shall be limited to a grant of specific public ways and defined portions thereof.
Unless otherwise specified in a license agreement, all facilities
shall be constructed, installed and located in accordance with the
following terms and conditions:
(A)
Telecommunications facilities shall be installed within an existing
underground duct or conduit whenever excess capacity exists within
such utility facility.
(B)
The Village shall not approve the overhead installation of any
new, repaired or replacement facilities except upon a showing by the
licensee that the installation of the proposed facilities underground
is physically or financially impractical. A licensee with permission
from the Village to install overhead facilities shall install its
telecommunications facilities on pole attachments to existing utility
poles only, and then only if surplus space is available.
(C)
Whenever any existing electric utilities, cable facilities or
telecommunications facilities are located underground within a public
way of the Village, a licensee with permission from the Village to
occupy the same public way must also locate its telecommunications
facilities underground.
(D)
Whenever any new or existing electric utilities, cable facilities
or telecommunications facilities are located or relocated underground
within a public way of the Village, a grantee that currently occupies
the same public way shall relocate its facilities underground within
a reasonable period of time, which shall not be later than the end
of the grant term. Absent extraordinary circumstances or undue hardship
as determined by the Village Engineer, such relocation shall be made
concurrently to minimize the disruption of the public ways.
(E)
Whenever new telecommunications facilities will exhaust the
capacity of a public street or utility easement to reasonably accommodate
future telecommunications carriers or facilities, the grantee shall
provide additional ducts, conduits, manholes and other facilities
for nondiscriminatory access to future telecommunications carriers.
All licensees are required to obtain construction permits for telecommunications facilities as required pursuant to Section 13-1-6 of this Code; provided, however, that nothing in this Section 13-1-3 shall prohibit the Village and a licensee from agreeing to alternative plan review, permit and construction procedures in a license agreement, provided that such alternative procedures provide substantially equivalent safeguards for responsible construction practices.
Each license granted under this Section 13-1-3 is 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 licensee; provided, however, that nothing in this Section 13-1-3 shall prohibit the Village and a licensee from agreeing to the compensation to be paid.
A licensee may be permitted to offer or provide telecommunications services to persons or areas within the Village upon submitting an application for approval pursuant to Section 13-1-4 of this Code.
(A)
A new license application and grant shall be required of any telecommunications carrier that desires to extend or locate its telecommunications facilities in public ways of the Village which are not included in a license previously granted under this Section 13-1-3.
(B)
If ordered by the Village to locate or relocate its telecommunications
facilities in public ways not included in a previously granted license,
the Village shall grant a license amendment without further application.
A grantee that desires to renew its license under this Section 13-1-3 shall, not more than 180 days nor less than 90 days before expiration of the current license, file an application with the Village Manager for renewal of its license which shall include the following information:
Within 120 days after receiving a complete application under Section 13-1-3-14 of this Code, the corporate authorities shall issue a written determination granting or denying the renewal application in whole or in part, applying the following standards, and setting forth the reasons for the determination.
(A)
The financial condition and technical ability of the applicant;
(B)
The legal qualifications of the applicant;
(C)
The continuing capacity of the public ways to accommodate the
applicant's existing facilities;
(E)
Applicable federal, state and local telecommunications laws,
rules and policies; and
(F)
Such other factors as may demonstrate that the continued grant
to use the public ways will serve the community interest.
No license shall be renewed until any ongoing violations or defaults in the licensee's performance of the license agreement, or of the requirements of this Section 13-1-3, have been cured, or a plan detailing the corrective action to be taken by the grantee has been approved by the Village.
A telecommunications franchise shall be required of any telecommunications
carrier who desires to occupy public ways of the Village and to provide
telecommunications services to any person or area in the Village.
Any person that desires a telecommunications franchise pursuant to this Section 13-1-4 shall file an application with the Village Manager 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.
(5)
The location of all sidewalks, roads, driveways, and other impervious
surfaces located within the proposed route.
(6)
The location of all public rights-of-way within, or within 100
feet of, the proposed route.
(E)
If the applicant is proposing to install overhead facilities,
evidence that: (1) the installation of the proposed facilities underground
is physically or financially impractical; and (2) 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:
(G)
If the applicant is proposing an underground installation with
new ducts or conduits to be constructed within the public ways:
(H)
A preliminary construction schedule and completion dates.
(I)
A preliminary traffic-control plan in accordance with the Illinois
Manual on Uniform Traffic Control Devices.
(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.
(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.
(S)
Such other and further information as may be requested by the
Village Manager.
Within 150 days after receiving a complete application under Section 13-1-3-2 of this Code, the corporate authorities shall issue a written determination granting or denying the application in whole or in part, applying the following standards, and setting forth the reasons for the determination:
(A)
The financial condition and technical ability of the applicant;
(B)
The legal qualifications 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; and
(K)
Such other factors as may demonstrate that the grant to use
the public ways will serve the community interest.
No franchise shall be granted hereunder 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 granted.
No franchise granted under this Section 13-1-4 shall confer any exclusive right, privilege, license or franchise to occupy or use the public ways of the Village for delivery of telecommunications services or any other purposes.
Unless otherwise specified in a franchise agreement, a telecommunications
franchise granted hereunder shall be valid for a term of 10 years.
No franchise granted under this Section 13-1-4 shall convey any right, title or interest in the public ways, but shall be deemed a franchise only to use and 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.
A telecommunications franchise granted under this Section 13-1-4 shall be limited to the specific geographic area of the Village to be served by the franchise grantee, and the specific public ways necessary to serve such areas.
Unless otherwise specified in a franchise agreement, all facilities
shall be constructed, installed and located in accordance with the
following terms and conditions:
(A)
Telecommunications facilities shall be installed within an existing
underground duct or conduit whenever excess capacity exists within
such utility facility.
(B)
The Village shall not approve the overhead installation of any
new, repaired or replacement facilities except upon a showing by the
franchisee that the installation of the proposed facilities underground
is physically or financially impractical. A franchisee with permission
from the Village to install overhead facilities shall install its
telecommunications facilities on pole attachments to existing utility
poles only, and then only if surplus space is available.
(C)
Whenever any existing electric utilities, cable facilities or
telecommunications facilities are located underground within a public
way of the Village, a franchisee with permission from the Village
to occupy the same public way must also locate its telecommunications
facilities underground.
(D)
Whenever any new or existing electric utilities, cable facilities
or telecommunications facilities are located or relocated underground
within a public way of the Village, a grantee that currently occupies
the same public way shall relocate its facilities underground within
a reasonable period of time, which shall not be later than the end
of the grant term. Absent extraordinary circumstances or undue hardship
as determined by the Village Engineer, such relocation shall be made
concurrently to minimize the disruption of the public ways.
(E)
Whenever new telecommunications facilities will exhaust the
capacity of a public street or utility easement to reasonably accommodate
future telecommunications carriers or facilities, the grantee shall
provide additional ducts, conduits, manholes and other facilities
for nondiscriminatory access to future carriers.
All franchisees are required to obtain construction permits for telecommunications facilities as required in Section 13-1-6 of this Code; provided, however, that nothing in this Section 13-1-4 shall prohibit the Village and a franchisee from agreeing to alternative plan review, permit and construction procedures in a franchise agreement, provided such alternative procedures provide substantially equivalent safeguards for responsible construction practices.
Each franchise granted under this Section 13-1-4 is 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, nothing in this Section 13-1-4 shall prohibit the Village and a franchisee from agreeing to the compensation to be paid.
A franchisee shall make 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 Article 1 shall prohibit a franchisee from making any reasonable
classifications 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.
(A)
A new franchise application and grant shall be required of any telecommunications carrier that desires to extend its franchise territory or to locate its telecommunications facilities in public ways of the Village which are not included in a franchise previously granted under this Section 13-1-4.
(B)
If ordered by the Village to locate or relocate its telecommunications
facilities in public ways not included in a previously granted franchise,
the Village shall grant a franchise amendment without further application.
A grantee that desires to renew its franchise under this Section 13-1-4 shall, not more than 240 days nor less than 150 days before expiration of the current franchise, file an application with the Village Manager for renewal of its franchise which shall include the following information:
Within 150 days after receiving a complete application under Section 13-1-4-15 of this Code, the corporate authorities shall issue a written determination granting or denying the renewal application in whole or in part, applying the following standards, and setting forth the reasons for the determination:
(A)
The financial condition and technical ability of the applicant;
(B)
The legal qualifications of the applicant;
(C)
The continuing capacity of the public ways to accommodate the
applicant's existing facilities;
(D)
The applicant's compliance with the requirements of this Chapter 13 and the franchise agreement;
(E)
Applicable federal, state and local telecommunications laws,
rules and policies; and
(F)
Such other factors as may demonstrate that the continued grant
to use the public ways will serve the community interest.
No 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 13, have been cured, or a plan detailing the corrective action to be taken by the grantee has been approved by the Village.
It is the purpose of this Section 13-1-5 to provide for the payment and recovery of all direct and indirect costs and expenses of the Village related to the enforcement and administration of this Code.
(C)
Within 60 days after the withdrawal, abandonment, or denial of a license or franchise application, and upon receipt from the applicant of a written request therefor, the Village shall deliver to the applicant a refund of the balance of the deposit provided pursuant to this Section 13-1-5, less: (1) an amount as set forth in the Annual Fee Resolution; and (2) all ascertainable costs and expenses incurred by the Village in connection with the application.
All license or franchise grantees shall, within 30 days after
written demand therefor, reimburse the Village for all direct and
indirect costs and expenses incurred by the Village in connection
with any modification, amendment, renewal or transfer of the license
or franchise or any license or franchise agreement.
The Village reserves its right to annually fix a fair and reasonable compensation to be paid for the property rights granted to a telecommunications license or franchise grantee. Nothing in this Section 13-1-5 shall prohibit the Village and a grantee from agreeing to the compensation to be paid for the granted property rights.
If the right is granted, by lease, license, franchise or other
manner, to use and occupy Village property for the installation of
telecommunications facilities, the compensation to be paid shall be
fixed by the Village.
Prior to issuance of a construction permit, the permittee shall
pay a permit fee in the amount set forth in the Annual Fee Resolution.
Unless otherwise agreed in a license or franchise grant agreement,
each license or franchise grantee shall pay an annual license fee
to the Village, in the amounts set forth in the Annual Fee Resolution
per linear foot for aerial cable, or cable in duct or conduit, or
direct burial cable, as reimbursement for the Village's costs
in connection with reviewing, inspecting and supervising the use and
occupancy of the public ways in behalf of the public and existing
or future users.
The regulatory fees and costs provided for in this Section 13-1-5, and any compensation charged and paid for the public ways provided for in Section 13-1-5-4 of this Code, are separate from, and additional to, any and all federal, state, local and Village taxes as may be levied, imposed or due from a telecommunications carrier or provider, its customers or subscribers, or on account of the lease, sale, delivery or transmission of telecommunications services.
All facilities shall be constructed, installed and located in
accordance with the following terms and conditions, unless otherwise
specified in a license or franchise agreement.
(A)
A grantee shall install its telecommunications facilities within
an existing underground duct or conduit whenever excess capacity exists
within such utility facility.
(B)
The Village shall not approve the overhead installation of any
new, repaired or replacement facilities except upon a showing by the
grantee that the installation of the proposed facilities underground
is physically or financially impractical. A grantee with permission
from the Village to install overhead facilities shall install its
telecommunications facilities on pole attachments to existing utility
poles only, and then only if surplus space is available.
(C)
Whenever any existing electric utilities, cable facilities or
telecommunications facilities are located underground within a public
way of the Village, a grantee with permission from the Village to
occupy the same public way must also locate its telecommunications
facilities underground.
(D)
Whenever any new or existing electric utilities, cable facilities
or telecommunications facilities are located or relocated underground
within a public way of the Village, a grantee that currently occupies
the same public way shall relocate its facilities underground within
a reasonable period of time, which shall not be later than the end
of the grant term. Absent extraordinary circumstances or undue hardship
as determined by the Village Manager, such relocation shall be made
concurrently to minimize the disruption of the public ways.
(E)
Whenever new telecommunications facilities will exhaust the
capacity of a public street or utility easement to reasonably accommodate
future telecommunications carriers or facilities, the grantee shall
provide additional ducts, conduits, manholes and other facilities
for nondiscriminatory access to future carriers.
All license or franchise grantees shall, before commencing any
construction in the public ways, comply with all regulations of JULIE.
All license or franchise grantees are required to obtain construction permits for telecommunications facilities as required in Section 13-1-7 of this Code. However, nothing in this Section 13-1-6 shall prohibit the Village and a grantee from agreeing to alternative plan review, permit and construction procedures in a license or franchise agreement, provided such alternative procedures provide substantially equivalent safeguards for responsible construction practices consistent with this Code.
No license or franchise grantee may locate or maintain its 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 grantee, temporarily or permanently, as determined
by the Village Manager.
No license or franchise grantee nor any person acting on a grantee's
behalf shall take any action or permit any action to be done which
may impair or damage any Village property, public ways of the Village,
other ways or other property located in, on or adjacent thereto.
Unless otherwise provided in a license or franchise agreement,
no license or franchise grantee, nor any person acting on the grantee's
behalf, shall commence any nonemergency work in or about the public
ways of the Village or other ways without 10 working days' advance
notice to the Village Manager.
In the event of an unexpected repair or emergency, a grantee
may commence such repair and emergency response work as required under
the circumstances, provided the grantee shall notify the Village as
promptly as possible, before such repair or emergency work or as soon
thereafter as possible if advance notice is not practicable.
Each license or franchise grantee 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
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 whenever the
corporate authorities shall have determined that such removal, relocation,
change or alteration is reasonably necessary for:
Within 30 days following written notice from the Village, any
grantee, telecommunications carrier, or other person that owns, controls
or maintains any unauthorized telecommunications system, facility
or related appurtenances within the public ways of the Village shall,
at its own expense, remove such facilities or appurtenances from the
public ways of the Village. A telecommunications system or facility
is unauthorized and subject to removal in the following circumstances:
(A)
Upon expiration or termination of the grantee's telecommunications
license or franchise.
(B)
Upon abandonment of a facility within the public ways of the
Village.
(C)
If the system or facility was constructed or installed without
the prior grant of a telecommunications license or franchise.
(D)
If the system or facility was constructed or installed without
the prior issuance of a required construction permit.
(E)
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.
Unless directly and proximately caused by the willful, intentional
or malicious acts by the Village, the Village shall not be liable
for any damage to or loss of any telecommunications facility within
the public ways of the Village as a result of or in connection with
any public works, public improvements, construction, excavation, grading,
filling, or work of any kind in the public ways by or on behalf of
the Village.
(A)
When a license or franchise grantee, or any person acting on
its behalf, does any work in or affecting any public ways, other ways
or Village property, it shall, at its own expense, promptly remove
any obstructions therefrom and restore such ways or property to as
good a condition as existed before the work was undertaken, unless
otherwise directed by the Village.
(B)
If weather or other conditions do not permit the complete restoration required by this Section 13-1-6-13, the grantee shall temporarily restore the affected ways or property. Such temporary restoration shall be at the license or franchise grantee's sole expense, and the license or franchise grantee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration.
(C)
A license or franchise grantee or other person acting in its
behalf shall use suitable barricades, flags, flagmen, lights, flares
and other measures as required for the safety of all members of the
general public and to prevent injury or damage to any person, vehicle
or property by reason of such work in or affecting such ways or property.
Each license or franchise grantee shall provide the Village
with an accurate map or maps certifying the location of all telecommunications
facilities within the public ways. Each grantee shall provide updated
maps annually.
Within 10 days after receipt of a written request therefor from
the Village Manager, each license or franchise grantee shall furnish
the Village with information sufficient to demonstrate:
(B)
That all municipal sales, message and/or telecommunications
taxes due the Village in connection with the telecommunications services
and facilities provided by the grantee have been properly collected
and paid by the grantee.
(C)
All books, records, maps and other documents maintained by the
grantee with respect to its facilities within the public ways shall
be made available for inspection by the Village at reasonable times
and intervals.
A license or franchise grantee shall have the right, without
prior Village approval, to offer or provide capacity or bandwidth
to its customers, provided:
Unless otherwise provided in a license or franchise agreement,
each grantee shall, as a condition of the grant, secure and maintain
the following liability insurance policies insuring both the grantee
and the Village, and its elected and appointed officers, officials,
agents and employees as coinsureds.
(B)
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.
(C)
Workers' compensation within statutory limits and employer's
liability insurance with limits of not less than $1,000,000.
(D)
Comprehensive form premises-operations, explosions and collapse
hazard, underground hazard and products completed hazard with limits
of not less than $3,000,000.
(E)
The liability insurance policies required by this Section 13-1-6-17 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. Each such insurance policy shall contain the following endorsement:
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It is hereby understood and agreed that this policy may not
be canceled nor the intention not to renew be stated until 90 days
after receipt by the Village, by registered mail, of a written notice
addressed to the Village Manager of such intent to cancel or not to
renew.
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Each license or franchise agreement shall include, to the extent permitted by law, the grantee's express undertaking to 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 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 Article 1 or by a grant agreement made or entered into pursuant to this Section 13-1-6.
Before a license or franchise granted pursuant to this Article
1 is effective, and as necessary thereafter, the grantee shall provide
and deposit such monies, bonds, letters of credit or other instruments
in form and substance acceptable to the Village as may be required
by this Article 1 or by an applicable license or franchise agreement.
Each license or franchise grantee shall establish a permanent
security fund with the Village by depositing the amount of $50,000
with the Village in cash, an unconditional and irrevocable letter
of credit, or other instrument acceptable to the Village, which fund
shall be maintained at the sole expense of the grantee so long as
any of the grantee's telecommunications facilities are located
within the public ways of the Village.
(A)
The fund shall serve as security for the full and complete performance
of the obligations set forth in this Article 1, 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
monies due the Village before the Village withdraws the amount thereof
from the security fund, if applicable;
(4)
That the grantee will be given an opportunity to review the
act, default or failure described in the notice with the Village Manager
or his or her designee.
(C)
The grantee(s) shall replenish the security fund within 14 days
after written notice from the Village that there is a deficiency in
the amount of the fund.
Unless otherwise provided in a license or franchise agreement,
a performance bond written by a corporate surety acceptable to the
Village equal to at least 100% of the estimated cost of constructing
the grantee's telecommunications facilities within the public
ways of the Village shall be deposited before construction is commenced.
(A)
The construction bond shall remain in force until 60 days after
the work is complete, as determined by the corporate authorities,
including restoration of public ways and other property affected by
the construction.
(B)
The construction bond shall guarantee, to the satisfaction of
the Village:
(1)
Timely completion of construction;
(2)
Construction in compliance with applicable plans, permits, technical
codes and standards;
(3)
Proper location of the facilities as specified by the Village;
(4)
Restoration of the public ways and other property affected by
the construction;
(5)
The submission of as-built drawings after completion of the
work as required by this Article 1;
(6)
Timely payment and satisfaction of all claims, demands or liens
for labor, material or services provided in connection with the work.
All grantees are required to cooperate with the Village and
with each other.
(A)
By February 1 of each year, grantees shall provide the Village
with a schedule of their proposed construction activities in, around
or that may affect the public ways.
(B)
Each grantee shall meet with the Village, other grantees and
users of the public ways annually or as determined by the Village
to schedule and coordinate construction in the public ways.
(C)
All construction locations, activities and schedules shall be
coordinated, as ordered by the Village Engineer, to minimize public
inconvenience, disruption or damages.
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 ordinance and then only on such reasonable
conditions as may be prescribed therein.
(A)
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.
(B)
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.
(C)
The grantee and the proposed assignee or transferee of the grant
or system shall provide and certify the following information to the
Village not less than 150 days prior to the proposed date of transfer:
(D)
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 Section 13-1-6.
(E)
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.
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 or 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 telecommunication system, facilities or substantial parts thereof, shall be considered an assignment or transfer requiring Village approval pursuant to Section 13-1-6-23 of this Code. 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 the following reasons:
(A)
Construction or operation in the Village or in the public ways
of 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.
(I)
Failure to pay taxes, compensation, fees or costs when and as
due the Village.
(J)
Insolvency or bankruptcy of the grantee.
(L)
Violation of the material terms of a license or franchise agreement.
In the event that the Village Manager believes that grounds
exist for revocation of a license or franchise, he or she shall give
the grantee 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:
In the event that a grantee fails to provide evidence reasonably satisfactory to the Village Manager as provided in Section 13-1-6-26 of this Code, the Village Manager shall refer the apparent violation or noncompliance to the corporate authorities. 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 Section 13-1-6 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 there is a history of overall compliance.
(F)
Whether the violation was voluntarily disclosed, admitted or
cured.
No person shall commence or continue with the construction, installation or operation of telecommunications facilities within the Village except as provided in this Section 13-1-7.
Telecommunications facilities shall be constructed, installed,
operated and maintained in accordance with all applicable federal,
state and local codes, rules and regulations, including, without limitation,
the National Electrical Safety Code.
No person shall construct or install any telecommunications
facilities within the Village without first obtaining a construction
permit therefor; provided, however:
Applications for permits to construct telecommunications facilities
shall be submitted upon forms to be provided by the Village and shall
be accompanied by drawings, plans and specifications in sufficient
detail to demonstrate:
(A)
That the facilities will be constructed in accordance with all
applicable codes, rules and regulations.
(B)
The location and route of all facilities to be installed on
existing utility poles.
(C)
The location and route of all facilities to be located under
the surface of the ground, including the line and grade proposed for
the burial at all points along the route which are within the public
ways.
(D)
The location of all existing underground utilities, conduits,
ducts, pipes, mains and installations which are within the public
ways along the underground route proposed by the applicant.
(E)
The location of all other facilities to be constructed within
the Village, but not within the public ways.
(F)
The construction methods to be employed for protection of existing
structures, fixtures, and facilities within or adjacent to the public
ways.
(G)
The location, dimension and types of all trees within or adjacent
to the public ways along the route proposed by the applicant, together
with a landscape plan for protecting, trimming, removing, replacing
and restoring any trees or areas to be disturbed during construction.
(H)
The location of all sidewalks, roads, driveways, and other impervious
surfaces located within the proposed route.
(I)
The location of all public rights-of-way within, or within 100
feet of, the proposed route.
All permit applications shall be accompanied by the certification
of a registered professional engineer that the drawings, plans and
specifications submitted with the application comply with applicable
technical codes, rules and regulations.
All permit applications which involve work on, in, under, across
or along any public ways shall be accompanied by a traffic-control
plan demonstrating the protective measures and devices that will be
employed, consistent with the Illinois Manual on Uniform Traffic Control
Devices, to prevent injury or damage to persons or property and to
minimize disruptions to efficient pedestrian and vehicular traffic.
Within 45 days after submission of all plans and documents required of the applicant and payment of the permit fees required by this Article 1, the Village Manager, if satisfied that the applications, plans and document comply with all requirements of this Chapter 13, shall issue a permit authorizing construction of the facilities, subject to such further conditions, restrictions or regulations affecting the time, place and manner of performing the work as he or she may deem necessary or appropriate.
The permittee shall submit a written construction schedule to
the Village Manager 10 working days before commencing any work in
or about the public ways. The permittee shall further notify the Village
Manager not less than two working days in advance of any excavation
or work in the public ways.
All construction practices and activities shall be in accordance
with the permit and approved final plans and specifications for the
facilities. The Village Manager shall be provided access to the work
and such further information as he or she may require to ensure compliance
with such requirements.
The permittee shall maintain a copy of the construction permit
and approved plans at the construction site, which shall be displayed
and made available for inspection by the Director of Public Works
or his or her representatives at all times when construction work
is occurring.
If the construction permit specifies the location of facilities
by depth, line, grade, proximity to other facilities or other standard,
the permittee shall cause the location of such facilities to be verified
by a registered Illinois land surveyor. The permittee shall relocate
any facilities which are not located in compliance with permit requirements.
Upon order of the Village Manager, all work which does not comply
with the permit, the approved plans and specifications for the work,
or the requirements of this Article 1, shall be removed.
The permittee shall promptly complete all construction activities
so as to minimize disruption of the Village ways and other public
and private property. All construction work authorized by a permit
within Village ways, including restoration, must be completed as soon
as practicable, but in all circumstances within 60 days after the
date of issuance, except as may be approved by the Director of Public
Works, upon a showing by the permittee of good cause therefor.
Within 60 days after completion of construction, the permittee
shall furnish the Village with two complete sets of plans, drawn to
scale and certified to the Village Manager as accurately depicting
the location of all telecommunications facilities constructed pursuant
to the permit, and submitted in both a paper format and in an electronic
format capable of inclusion within the Village's geographic information
systems.
Upon completion of any construction work, the permittee shall
promptly repair any and all public ways and provide property improvements,
fixtures, structures and facilities in the public ways or otherwise
damaged during the course of construction, restoring the same as nearly
as practicable to its condition before the start of construction.
(A)
All trees, landscaping and grounds removed, damaged or disturbed
as a result of the construction, installation maintenance, repair
or replacement of telecommunications facilities, whether such work
is done pursuant to a franchise, license, permit replaced or restored
as nearly as may be practicable, to the condition existing prior to
performance of work.
(B)
All restoration work within the public ways shall be done in
accordance with landscape plans approved by the Village Manager.
Prior to issuance of a construction permit, the permittee shall provide a performance bond, as provided in Section 13-1-6-21 of this Code.
Unless otherwise provided in a license or franchise agreement, all telecommunications carriers are subject to the requirements of this Section 13-1-7.
The owner of the facilities to be constructed and, if different,
the license or franchise grantee, is responsible for performance of
and compliance with all provisions of this Article 1.
