Village of Kings Point, NY
Nassau County
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Table of Contents
Table of Contents
A telecommunications franchise shall be required of any telecommunications carrier which desires to occupy public ways and to provide telecommunications services to any person or area within the Village.
Any person who desires a telecommunications franchise pursuant to this article shall file an application with the Village, which shall include the following:
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.
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 dates.
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. 
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.
R. 
Payment of all fees, deposits or charges required pursuant to Article VI of this chapter.
S. 
Such other and further information as may be requested by the Village.
Within a reasonable period of time after receiving a complete application for a telecommunications franchise, 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 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.
K. 
Such other factors as may demonstrate that the grant to use the public ways will serve the community interest.
No telecommunications 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 will be exercised.
No telecommunications franchise 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 telecommunications franchise granted shall convey any right, title or interest in the public ways. Any such franchise 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.
All franchisees are required to obtain construction permits for telecommunications facilities. However, nothing in this section shall prohibit the Village and a franchisee from agreeing to alternative plan review, permit and construction procedures in a franchise agreement, provided that such alternative procedures provide substantially equivalent safeguards for responsible construction practices.
Each telecommunications franchise 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 franchisee; however, nothing shall prohibit the Village and a franchisee from agreeing to the compensation to be paid, and further, provided that the Village shall not fix an amount of compensation which is contrary to the provision of any such franchise agreement.
A telecommunications franchisee shall make all of 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 franchisee's services; provided, however, that nothing in this section 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 no less than its most favorable rate for similarly situated users, unless otherwise provided in a license or franchise agreement with the Village.
An amendment to a franchise shall be required of any telecommunications carrier that extends its franchise territory or locates its telecommunications facilities in public ways which are not included in a franchise previously granted under this chapter.
Unless otherwise provided by law, an application for renewal of a telecommunications franchise shall be filed not more than 240 days nor less than 150 days before expiration of the current franchise and shall include the following:
A. 
The items required pursuant to § 145-26 of this article.
B. 
Any information required pursuant to the franchise agreement between the Village and the franchisee.
Within a reasonable time after receiving a complete application for renewal of a telecommunications franchise, 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 franchise 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 franchise shall be renewed until any ongoing violations or defaults in the franchisee's performance of the franchisee'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 franchisee has been approved by the Village, and the franchisee is acting with due diligence in taking such corrective action.