A telecommunications license shall be required of any telecommunications
carrier that desires to occupy specific public ways in the Village
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 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, 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 conducts 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 during the construction period.
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.
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 communications 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 in the Village will be exercised, and a hearing
is held by the Board of Trustees in connection with the license agreement.
No license granted hereunder shall confer any exclusive right,
privilege, license or franchise to occupy or use the public ways in
the Village for delivery of telecommunications services or any other
purposes.
No license granted under this chapter 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 as required in Article VII of this chapter; provided, however, that nothing in this section 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,
provided that nothing in this section 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 in the Village which
are not included in a license previously granted under this chapter.
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 the 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 any existing
violations or defaults in the licensee's performance of the license
agreement, or of the requirements of this chapter, have been cured,
or a plan detailing the corrective action to be taken by the grantee
has been approved by the Village.
