The purpose and intent of this chapter is to:
A.
Establish a local policy concerning telecommunications
providers and services.
B.
Establish clear local guidelines, standards and time
frames for the exercise of local authority with respect to the regulation
of telecommunications providers and services.
C.
Promote competition in telecommunications.
D.
Minimize unnecessary local regulation of telecommunications
providers and services.
E.
Encourage the provision of advanced and competitive telecommunications
services on the widest possible basis to the businesses, institutions and
residents of the Village.
F.
Permit and manage reasonable access to the public ways
of the Village for telecommunications purposes on a competitively neutral
basis.
G.
Conserve the limited physical capacity of the public
ways held in public trust by the Village.
H.
Assure that the Village's current and ongoing costs of
granting and regulating private access to and use of the public ways are fully
paid by the persons seeking such access and causing such costs.
I.
Secure fair and reasonable compensation to the Village
and the residents of the Village for permitting private use of the public
ways.
J.
Assure that all telecommunications carriers providing
facilities or services within the Village comply with the laws, rules and
regulations of the Village.
K.
Assure that the Village can continue to fairly and responsibly
protect the public health, safety and welfare.
L.
Enable the Village to discharge its public trust consistent
with rapidly evolving federal and state regulatory policies, industry competition
and technological development.
For the purpose of this chapter, and the interpretation and enforcement
thereof, the following words and phrases shall have the following meanings,
unless the context of the sentence in which they are used shall indicate otherwise:
A person that (directly or indirectly) owns or controls, is owned
or controlled by, or is under common ownership or control with another person.
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.
A telecommunications carrier providing or offering to provide cable
service within the Village as that term is defined in the Cable Act.
For the purpose of this chapter shall have the same meaning provided
by the Cable Act.
The Mayor and Board of Trustees. 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 1 or more
neighboring villages, the authority vested in the Village as to 1 or more
subjects which are encompassed by this chapter.
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 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.
Includes corporations, companies, associations, joint-stock companies
or associations, firms, partnerships, limited liability companies and individuals
and includes their lessors, trustees and receivers.
The New York State Public Service Commission, or any lawful successor
state administrative agency authorized to regulate and oversee telecommunications
carriers, services and providers in the State of New York.
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, as those terms
are defined herein, 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.
The State of New York.
That portion of the usable space on a utility pole which has the
necessary clearance from other pole users, as required by the orders and regulations
of the New York Public Service Commission, to allow its use by a telecommunications
carrier for a pole attachment.
Includes every person that directly or indirectly owns, controls,
operates or manages plant, equipment or property within the Village, used
or to be used for the purpose of offering telecommunications service.
The plant, equipment and property, including but not limited to cables,
wires, conduits, ducts, pedestals, antennae, 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 "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, rules and regulations of the New York Public Service
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.
The Incorporated Village of Plandome Heights.
Includes all real property owned by the Village, other than public
streets and utility easements as those terms are defined herein, and all property
held in a proprietary capacity by the Village, which are not subject to right-of-way
licensing and franchising as provided in this chapter.
Except as otherwise provided herein, all telecommunications carriers and providers engaged in the business of transmitting, supplying or furnishing of telecommunications originating or terminating in the Village shall register with the Village pursuant to Article II of this chapter.
Except as otherwise provided therein, any telecommunications carrier who desires to 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 to persons and areas outside the Village shall first obtain a license granting the use of such public ways from the Village pursuant to Article III 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 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 have no effect on any existing franchise agreement
until:
[Amended 5-3-2004 by L.L. No. 1-2004]
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.
