A. 
No person shall use or occupy the streets as a telecommunications provider, or construct, operate or maintain equipment in the streets used to provide telecommunications, without a franchise or revocable license granted by the village. A franchise or revocable license granted in accordance with the provisions of this chapter shall not be construed to grant any rights or authorization to provide cable services in the village, and any person seeking to provide cable services in the village shall first obtain a separate franchise in accordance with applicable law.
B. 
Any person seeking to use the streets to construct, operate or maintain equipment to provide telecommunications for or in connection with the internal operations of such person's business, residence or employment and not for or in connection with the provision or offering of telecommunications services for sale or resale to any person in the village shall first obtain a revocable license in accordance with the provisions of this chapter.
C. 
The Board of Trustees may grant one or more franchises and revocable licenses in accordance with this chapter, provided that the Board of Trustees reserves the right to modify any provision of this chapter by amendment thereof
D. 
The grant of any franchise or revocable license shall be made by agreement approved by the Board of Trustees and shall be on such terms and conditions as shall be specified in said separate franchise or license agreement between the village and the franchisee or licensee.
E. 
Any franchise or revocable license granted shall be nonexclusive. The village specifically reserves the right to grant, at any time, such additional franchises, revocable licenses or other authorizations for use of the streets as the village deems appropriate.
F. 
A franchise may be granted for all or any defined portion of the streets.
G. 
Revocable license.
(1) 
A revocable license is intended to be a limited grant of authority to use and occupy specifically identified streets to provide telecommunications services and shall be granted only if:
(a) 
The use or occupation of such streets, together with all revocable licenses previously granted to such person and affiliated persons, shall not exceed 5,280 linear feet; or
(b) 
The use or occupation of such streets does not involve the offering or provision of telecommunications services to any person within the village.
(2) 
In the event that an application for a revocable license would cause a telecommunications provider to exceed or fail to comply with the limits specified in Subsection G(1)(a) and/or (b) of this section, then such telecommunications provider must apply for a franchise in accordance with the provisions of this chapter, and the use of specifically identified streets pursuant to all previously granted revocable licenses shall thereafter be pursuant to and in accordance with any such franchise that may be granted.
A. 
Subject to the provisions of this chapter, the village may adopt rules, policies, requirements and a schedule of application fees to carry out the purposes and provisions of this chapter. Each applicant, franchisee and licensee shall comply with such rules, policies and requirements.
B. 
No person shall construct or install any equipment in the streets used to provide telecommunications services without first obtaining such permits or other authorizations as may be required by the village. No permits or other authorizations for such construction or installation shall be issued prior to the granting of a franchise or a revocable license pursuant to this chapter or such other authorization as may be required by applicable law.
A. 
Applications for franchises and revocable licenses shall be submitted to the Superintendent of Public Works, with a copy also to be submitted to the village Attorney.
B. 
An application shall contain the following information with respect to the proposed franchise or revocable license and such other information with respect to the proposed franchise or revocable license as the village may deem necessary and appropriate, consistent with applicable law:
(1) 
The name, address and telephone number of the applicant and the person the village may contact concerning the application.
(2) 
A description of the telecommunications services proposed to be provided, including, without limitation, a description of facilities and equipment.
(3) 
A description of the proposed franchise area or in the case of a revocable license, the specifically identified streets and/or portions thereof proposed to be used.
(4) 
A proposed construction schedule and sequence.
(5) 
A map showing the proposed location of the applicant's telecommunications system.
(6) 
Proposed financing plans for the construction and operation of the telecommunications system by which the proposed telecommunications services would be provided.
(7) 
A description of the legal, financial, technical and other appropriate qualifications of the applicant to hold the franchise or revocable license.
(8) 
Ownership of the applicant and identification of all affiliated persons.
It shall be the responsibility of each applicant for a franchise or revocable license to comply with all applicable laws, local laws, resolutions, rules, regulations and other directives of the village and any federal, state or local government authority having jurisdiction.
If an application is complete and otherwise complies with applicable law, local laws, resolutions, rules, regulations and other directives of the village, including the provisions of this chapter, the village shall enter into negotiations with the applicant to determine whether such applicant and the village are able to reach agreement on the terms of the proposed franchise or revocable license in accordance with §§ 256-10 and 256-11 of this chapter. The village may reject any application which is incomplete or otherwise fails to comply with applicable law, local laws, resolutions, rules, regulations and other directives of the village and any federal, state or local authority having jurisdiction.
A. 
In making any determination hereunder as to any application for a franchise or revocable license, the Board of Trustees may consider such factors as it deems appropriate and in the public interest, provided that such factors are consistent with applicable law, including without limitation:
(1) 
The adequacy of the proposed compensation to be paid to the village, including the value of any facilities and telecommunications services offered by the applicant to the village.
(2) 
The legal, financial, technical and other appropriate qualifications of the applicant.
(3) 
The ability of the applicant to maintain the property of the village in good condition throughout the term of the franchise or revocable license.
(4) 
Any services or uses of the streets that may be precluded by the grant of the franchise or revocable license; and the adverse impact of the proposed franchise or revocable license on the efficient use of the streets or utilities at present and in the future.
(5) 
The willingness and ability of the applicant to meet construction and physical requirements and to abide by all lawful conditions, limitations, requirements and policies with respect to the franchise or the revocable license.
(6) 
The adequacy of the terms and conditions of the proposed franchise or revocable license agreement to protect the public interest, consistent with applicable law.
(7) 
Any other public interest factors or considerations that the village has a lawful right to consider and that are deemed pertinent by the village for safeguarding the interest of the village and the public.
B. 
Consistent with applicable law, the village may develop and implement policies and requirements to ensure that the streets have sufficient capacity reasonably to accommodate existing and future uses in a rational and efficient manner. In evaluating an applicant for a franchise or revocable license, the village may consider an applicant's proposals for addressing capacity needs and compliance with village policies and requirements.
A. 
The Board of Trustees may make such investigations and take or authorize the taking of such other steps as the Board of Trustees deems necessary or appropriate to consider and act on applications for franchises and revocable licenses and to determine whether a franchise or revocable license should be granted to an applicant, and may require the applicant to furnish additional information and data for this purpose. In considering applications, the Board of Trustees may seek advice from village officials, departments, agencies, boards, commissions or bodies, from such other advisory bodies as it may establish or determine appropriate, or from the public, and may request the preparation of one or more reports to be submitted to the Board of Trustees, which may include recommendations with respect to such applications.
B. 
Consistent with applicable law, upon completion of the steps deemed appropriate by the Board of Trustees, the Board of Trustees may grant or deny the franchise or revocable license and may specify the conditions under which the franchise or revocable license is granted.
A. 
The terms and conditions applicable to any franchise granted pursuant to this chapter shall be set forth in the separate written agreement granting the franchise. A franchise granted pursuant to this chapter shall not become effective until said separate agreement is executed by both parties.
B. 
Such separate written agreement, among other things, shall address the following subjects:
(1) 
The term of the franchise.
(2) 
The franchise area and the telecommunications services to be offered.
(3) 
The compensation to be paid to the village, which shall include the payment of fees and/or the provision of facilities or services.
(4) 
The circumstances upon which the franchise may be terminated or cancelled.
(5) 
The mechanisms, such as performance bonds, security funds or letters of credit, to be put in place to ensure the performance of the franchisee's obligations under the franchise.
(6) 
The village's right to inspect the facilities and records of the franchisee.
(7) 
Insurance and indemnification requirements applicable to the franchisee.
(8) 
The obligation of the franchisee to maintain complete and accurate books of account and records, and the village's inspection rights with respect thereto.
(9) 
Provisions to ensure quality workmanship and construction methods.
(10) 
Provisions to ensure that the franchisee will comply with all applicable village, state and federal laws, regulations, rules and policies.
(11) 
The obligation of the franchisee to supply an engineering site plan showing the proposed location of the applicant's telecommunications system, including the connection to any portion of the applicant's telecommunications system outside the village, any manholes or overhead poles, the size, type and proposed depth of any conduit or other enclosures and the relationship of the system to all existing poles, utilities, sidewalks, pavement, telecommunications systems and other improvements in the streets, all of which shall be subject to approval by the appropriate village departments, and the obligation to supply "as built" drawings upon completion of work.
(12) 
Provisions to restrict the assignment or other transfer of the franchise without the prior written consent of the village.
(13) 
Remedies available to the village to protect the village's interest in the event of the franchisee's failure to comply with terms and conditions of the franchise.
(14) 
Provisions to ensure that the franchisee will obtain all necessary licenses and permits from, and comply with, all laws, regulations, rules and policies of any governmental body having jurisdiction over the franchisee, including the Federal Communications Commission.
(15) 
Provisions to ensure that the franchisee will protect the property of the village and the delivery of public services from damage or interruption of operations resulting from the construction, operation, maintenance, repair or removal of improvements related to the franchise.
(16) 
Provisions designed to minimize the extent to which the public use of the streets of the village are disrupted in connection with the construction of improvements relating to the franchise.
(17) 
Such other provisions as the village determines are necessary or appropriate in furtherance of the public interest, consistent with applicable law.
A. 
The terms and conditions applicable to any revocable license granted pursuant to this chapter shall be set forth in the separate written agreement. A revocable license granted pursuant to this chapter shall not become effective until the separate written agreement is executed by both parties. Such separate written agreement shall address the same subjects listed in § 256-10 of this chapter subject to the following limitations:
(1) 
The revocable license shall be for a term not to exceed 10 years from the date that the local law granting the revocable license becomes effective.
(2) 
The revocable license shall be revocable at any time by the village for cause.
(3) 
The revocable license, together with all revocable licenses previously granted to the applicant or affiliated persons, shall not authorize the occupation and use of more than 2,500 linear feet of specifically identified streets, unless the use or occupation of the streets does not involve the offering or provision of telecommunications services to any person in the village.
B. 
In the event an application for a revocable license would cause a telecommunications provider to exceed or fail to comply with the limits specified in Subsection A(3) of this § 256-11, then such telecommunications provider must apply for a franchise in accordance with the provisions of this chapter, and the use of specifically identified streets pursuant to all previously granted revocable licenses shall thereafter be pursuant to and in accordance with any such franchise that may be granted.