All facilities shall be constructed, installed, located, used and operated in accordance with the terms and conditions contained in a license or franchise agreement.
All license or franchise grantees are required to obtain construction permits for telecommunications facilities as required in Article VIII of this chapter. However, nothing in this chapter shall prohibit the Village and a grantee from agreeing to alternative plan review, permit and construction procedures in a license or franchise agreement, provided that such alternative procedures provide substantially equivalent safeguards for responsible construction practices.
No licensee or franchisee may locate or maintain telecommunications facilities so as to unreasonably interfere with the use of the public ways by the Village, by the general public or by other persons authorized to use or be present in or upon the public ways. All such facilities shall be moved by the franchisee or licensee, temporarily or permanently, as determined by the Village Engineer, at the sole cost and expense of the franchisee or licensee.
No franchisee or licensee, nor any person acting on their behalf, shall take any action or permit any action to be done which may impair or damage any Village property, public way of the Village, other ways or other property located in, on or adjacent thereto.
Unless otherwise provided in a license or franchise agreement, no franchisee or licensee, nor any person acting on their grantee's behalf, shall commence any nonemergency work in or about the public ways of the Village or other ways without 10 working days' advance written notice to the Village.
In the event of an unexpected repair or emergency, a franchisee or licensee may commence such repair and emergency response work as required under the circumstances, provided that notification is given the Village as promptly as possible, before such repair or emergency work or as soon thereafter as possible if advance notice is not practicable.
Each franchisee and licensee shall maintain its facilities in good and safe condition and in a manner that complies with all applicable federal, state and local requirements.
Within 30 days following written notice from the Village, a license or franchise grantee shall, at its own expense, temporarily or permanently, remove, relocate, change or alter the position of any telecommunications facilities within the public ways, at the franchisee or licensee's sole cost and expense, whenever the corporate authorities shall have determined that such removal, relocation, change or alteration is reasonably necessary for:
No later than 30 days following written notice from the Village, any franchisee, licensee, telecommunications carrier or other person that owns, controls or maintains any unauthorized telecommunications system, facility or related appurtenances within the public ways of the Village shall, at its own expense, remove such facilities or appurtenances from the public ways of the Village.
A telecommunications system or facility is unauthorized and its facilities subject to removal in the following circumstances:
Upon expiration or termination of the grantee's telecommunications license or franchise.
Upon abandonment of a facility within the public ways of the Village.
If the system or facility was constructed or installed without the prior grant of a telecommunications license or franchise.
If the system or facility was constructed or installed without the prior issuance of a required construction permit.
If the system or facility was constructed or installed at a location not permitted by the grantee's telecommunications license or franchise.
The Village retains the right and privilege to cut or move any telecommunications facilities located within the public ways of the Village, as the Village may determine to be necessary, appropriate or useful in response to any public health or safety emergency.
Each registrant, franchisee and licensee shall provide the Village with an accurate map or maps certifying the location of all telecommunications facilities within the public ways and shall provide updated maps annually.
Within 10 days of a written request from the Village, each franchisee and licensee shall:
Furnish the Village with information sufficient to demonstrate that the franchisee or licensee has complied with all requirements of this chapter and that all municipal sales, message and/or telecommunications or other taxes due the Village in connection with the telecommunications services and facilities provided by the franchisee or licensee have been properly collected and paid.
Make all books, records, maps and other documents, maintained by the franchisee or licensee with respect to its facilities within the public ways, available for inspection by the Village at reasonable times and intervals.
Unless otherwise provided in a license or franchise agreement, each franchisee and licensee shall, as a condition of the franchise or license, secure and maintain the following insurance policies, and shall provide the Village with appropriate endorsements demonstrating, with respect to all liability insurance policies, that the Village and its elected and appointed officers, officials, agents and employees are named as principal, or additional insureds:
Automobile liability for owned, nonowned and hired vehicles with a limit of $3,000,000 for each person and $3,000,000 for each accident.
Worker's compensation within statutory limits and employer's liability insurance with limits of not less than $1,000,000.
Comprehensive form premises-operations, explosions and collapse hazard, underground hazard and products completed hazard with limits of not less than $3,000,000.
The liability insurance policies required by this section shall be maintained by the grantee throughout the term of the telecommunications license or franchise and such other period of time during which the grantee is operating without a franchise or license hereunder or is engaged in the removal of its telecommunications facilities. Unless otherwise agreed by the Village, each such insurance policy shall contain the following endorsement: "It is hereby understood and agreed that this policy may not be canceled nor the intention not to renew be stated until 30 days after receipt by the Village, by registered or certified mail, of a written notice addressed to the Village of such intent to cancel or not to renew."
In the event that the Village receives notice of such cancellation or intention not to renew, within 20 days after receipt of said notice, and in no event later than 10 days prior to said cancellation, the franchisee or licensee shall obtain and furnish to the Village documentation of replacement insurance policies meeting the requirements of this section.
Each licensee or franchisee shall, to the extent permitted by law, defend, indemnify and hold the Village and its officers, employees, agents and representatives harmless from and against any and all damages, losses and expenses, including reasonable attorney's fees and costs of suit or defense, arising out of, resulting from or alleged to arise out of or result from the negligent, careless or wrongful acts, omissions, failures to act or misconduct of the grantee or its affiliates, officers, employees, agents, contractors or subcontractors in the construction, operation, maintenance, repair or removal of its telecommunications facilities, and in providing or offering telecommunications services over the facilities or network, whether such acts or omissions are authorized, allowed or prohibited by this chapter or by a grant agreement made or entered into pursuant to this chapter.
Where the license or franchise agreement provides for a security fund to be used for payments of penalties, if any, imposed for violation or breach of the conditions of any such agreement or license, such fund shall serve as security for the full and complete performance of the terms and conditions of the license or franchise agreement and the requirements of this chapter, including any costs, expenses, damages or loss the Village pays or incurs because of any failure attributable to the grantee to comply with the codes, ordinances, rules, regulations or permits of the Village.
Before any sums are withdrawn from the security fund, the Village shall give written notice to the grantee:
Describing the act, default or failure to be remedied or the damages, cost or expenses which the Village has incurred by reason of the grantee's act or default.
Providing a reasonable opportunity for the grantee to first remedy the existing or ongoing default or failure, if applicable.
Providing a reasonable opportunity for the grantee to pay any moneys due the Village before the Village withdraws the amount thereof from the security fund, if applicable.
Providing that the grantee will be given an opportunity to review the act, default or failure described in the notice.
The licensee or franchisee shall replenish the required security fund within 14 days after written notice from the Village that there is a deficiency in the amount of the fund.
Ownership or control of a telecommunications system, license or franchise may not, directly or indirectly, be transferred, assigned or disposed of by sale, lease, merger, consolidation or other act of the grantee, by operation of law or otherwise, without the prior consent of the Village, which consent shall not be unreasonably withheld or delayed, as expressed by resolution, and then only on such reasonable conditions as may be prescribed therein.
No grant shall be assigned or transferred in any manner within 12 months after the initial grant of the license or franchise, unless otherwise provided in a license or franchise agreement.
Absent extraordinary and unforeseeable circumstances, no grant, system or integral part of a system shall be assigned or transferred before construction of the telecommunications system has been completed.
The franchisee or licensee, and the proposed assignee or transferee of the franchise, license, system or facility, shall provide and certify the following information to the Village not less than 150 days prior to the proposed date of transfer:
Complete information setting forth the nature, terms and conditions of the proposed transfer or assignment.
Any other information reasonably required by the Village.
No transfer shall be approved unless the assignee or transferee has the legal, technical, financial and other requisite qualifications to own, hold and operate the telecommunications system pursuant to this chapter.
Unless otherwise provided in a license or franchise agreement, the grantee shall reimburse the Village for all direct and indirect fees, costs and expenses reasonably incurred by the Village in considering a request to transfer or assign a telecommunications license or franchise.
Any transfer or assignment of a telecommunications grant, system or integral part of a system without prior approval of the Village under this section or pursuant to a license or franchise agreement shall be void and is cause for revocation of the grant.
Any transactions which singularly or collectively result in a change of 10% or more of the ownership or working control of the grantee, of the ownership or working control of a telecommunications license or franchise, of the ownership or working control of affiliated entities having ownership or working control of the grantee or of a telecommunications system, or of control of the capacity or bandwidth of the grantee's telecommunications system, facilities or substantial parts thereof, shall be considered an assignment or transfer requiring Village approval pursuant to § 196-67 hereof. Transactions between affiliated entities are not exempt from Village approval.
A license or franchise granted by the Village to use or occupy public ways of the Village may be revoked for the following reasons:
Construction or operation in the Village or in the public ways of the Village without a license or franchise grant of authorization.
Construction or operation at an unauthorized location.
Unauthorized substantial transfer of control of the grantee.
Unauthorized assignment of a license or franchise.
Unauthorized sale, assignment or transfer of the grantee's franchise or license assets or a substantial interest therein.
Misrepresentation or lack of candor by or on behalf of a grantee in any application to the Village.
Abandonment of telecommunications facilities in the public ways.
Failure to relocate or remove facilities as required in this chapter.
Failure to pay taxes, compensation, fees or costs when and as due the Village.
Insolvency or bankruptcy of the grantee.
Violation of material provisions of this chapter.
Violation of the material terms of a license or franchise agreement.
Unless otherwise provided in the license or franchise agreement, in the event that the Village believes that grounds exist for revocation of a license or franchise, it shall give the licensee or franchisee written notice of the apparent violation or noncompliance, providing a short and concise statement of the nature and general facts of the violation or noncompliance, and providing the grantee a reasonable period of time, not exceeding 30 days, to furnish evidence:
The Village Board of Trustees, or a person designated by the Board of Trustees for such purpose, shall consider the apparent violation or noncompliance in a public meeting, with respect to which the corporate authorities shall provide the grantee with notice and a reasonable opportunity to be heard concerning the matter.
If persuaded that the grantee has violated or failed to comply with material provisions of this chapter, or of a franchise or license agreement, the corporate authorities shall determine whether to revoke the license or franchise, or to establish some lesser sanction and cure, considering the nature, circumstances, extent and gravity of the violation as reflected by one or more of the following factors:
Whether the misconduct was egregious.
Whether substantial harm resulted.
Whether the violation was intentional.
Whether there is a history of prior violations of the same or other requirements.
Whether there is a history of overall compliance.
Whether the violation was voluntarily disclosed, admitted or cured.