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 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.
Unless otherwise expressly stated, the following
words, for the purposes of this chapter, have the meanings herein
indicated:
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 Communications Policy 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.
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.
FCC or FEDERAL COMMUNICATIONS COMMISSION
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 within 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, but
not limited to, the underground supports and foundations for such
facilities.
PERSON
Corporations, companies, associations, joint-stock companies,
firms, partnerships, limited-liability companies and individuals and
their lessors, trustees and receivers.
PSC or PUBLIC SERVICE COMMISSION
The State Public Service Commission or any lawful successor
state administrative agency authorized to regulate and oversee telecommunications
carriers, services and providers in the state.
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
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.
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 PSC, to allow its use by a telecommunications
carrier for a pole attachment.
TELECOMMUNICATIONS CARRIER
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 or TELECOMMUNICATIONS SYSTEM
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
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/or video programming information between or among
points by wire, cable, fiber optics, laser, microwave, radio, satellite
or similar facilities, with or without the 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 PSC.
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 and used or to be used for the purpose of providing
utility or telecommunications services.
VILLAGE PROPERTY
All real property owned by the Village, other than public
streets and utility easements, 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 telecommunications originating or terminating in the Village shall register with the Village pursuant to Article
II of this chapter. This 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 of 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 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
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 chapter 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 fined not less than $100 nor more than $250
for each offense. 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 judicial remedies that the Village may have, at law or
in equity, for enforcement of this chapter.