Village of Kings Point, NY
Nassau County
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Table of Contents
Table of Contents
A telecommunications license shall be required of any telecommunications carrier which desires to occupy public ways for the sole purpose of providing telecommunications services to persons or areas outside the Village.
An application for a telecommunications license shall include the following:
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, telecommunications, cable, water, sewer, drainage and other facilities in the public way along the proposed route.
(3) 
The location(s), if any, for interconnection with the telecommunications facilities of other telecommunications carriers.
(4) 
The specific trees, structures, improvements, facilities and obstructions, if any, that the applicant proposes to temporarily or permanently remove or relocate.
E. 
If the applicant is proposing to install overhead facilities, evidence that surplus space is available for locating its telecommunications facilities on existing utility poles along the proposed route.
F. 
If the applicant is proposing an underground installation in existing ducts or conduits within the public ways, information in sufficient detail to identify:
(1) 
The excess capacity currently available in such ducts or conduits before installation of the applicant's telecommunications facilities.
(2) 
The excess capacity, if any, that will exist in such ducts or conduits after installation of the applicant's telecommunications facilities.
G. 
If the applicant is proposing an underground installation within new ducts or conduits to be constructed within the public ways:
(1) 
The location proposed for the new ducts or conduits.
(2) 
The excess capacity that will exist in such ducts or conduits after installation of the applicant's telecommunications facilities.
H. 
A preliminary construction schedule and completion date.
I. 
A preliminary traffic control plan.
J. 
Financial statements, prepared in accordance with generally accepted accounting principles, demonstrating the applicant's financial ability to construct, operate, maintain, relocate and remove the facilities.
K. 
Information in sufficient detail to establish the applicant's technical qualifications, experience and expertise regarding the telecommunications facilities and services described in the application.
L. 
Information to establish that the applicant has obtained all other governmental approvals and permits to construct and operate the facilities and to offer or provide the telecommunications services.
M. 
Payment of all fees, deposits or charges required pursuant to Article VI of this chapter.
N. 
Such other and further information as may be required by the Village.
Within a reasonable time after receiving a complete application for a telecommunications license, the corporate authorities shall issue a written determination granting or denying the application in whole or in part, applying the following standards, and, if the application is denied, the written determination shall include the reasons for denial:
A. 
The financial and technical ability of the applicant.
B. 
The legal capacity of the applicant.
C. 
The capacity of the public ways to accommodate the applicant's proposed facilities.
D. 
The capacity of the public ways to accommodate additional utility and telecommunications facilities if the 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 will be exercised.
No license granted under this article shall confer any exclusive right, privilege, license or franchise to occupy or use the public ways for delivery of telecommunications services or any other purposes.
No license granted under this article 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.
All licensees are required to obtain construction permits for telecommunications facilities. However, nothing in this article 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 telecommunications license shall be subject to the Village's right, which is expressly reserved, to annually fix a fair and reasonable compensation to be paid for the property rights granted to the licensee; however, nothing in this article shall prohibit the Village and a licensee from agreeing to the compensation to be paid.
An amendment to an existing telecommunications license shall be required before any telecommunications carrier may extend or locate its telecommunications facilities in public ways which are not included in a license previously granted under this chapter.
An application for renewal of a telecommunications license shall be filed not more than 180 days nor less than 90 days before expiration of the current license and shall include the following:
A. 
The items required pursuant to § 145-14 of this article.
B. 
Any additional information required pursuant to the existing license agreement between the Village and the licensee.
Within a reasonable time after receiving a complete application for renewal of a telecommunications license, the corporate authorities shall issue a written determination granting or denying the renewal application in whole or in part, applying the following standards, and, if the renewal application is denied, the written determination shall include the reasons for nonrenewal:
A. 
The financial and technical ability of the applicant.
B. 
The legal capacity 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 and its existing or previous license agreement.
E. 
Applicable federal, state and local telecommunications laws, rules and policies.
F. 
Such other factors as may demonstrate that the continued grant to use the public ways will serve the community interest.
No telecommunications license shall be renewed until all violations and defaults, if any, in the licensee's performance of the licensee's existing or previous agreement, or of the requirements of this chapter, have been cured, or a plan detailing the corrective action to be taken by the licensee has been approved by the Village, and the licensee is acting with due diligence in taking such corrective action.