§ 47-163. Telecommunications license.

(a)

No telecommunications corporation shall construct, install, maintain or operate telecommunications facilities in any public highway in the city unless a license to use the highways to provide telecommunications services has first been granted by the city council under this chapter (hereinafter "license") to such telecommunications corporation.

(b)

No telecommunications corporation shall install or construct telecommunications facilities in any public highway in the city unless a ROW encroachment permit (hereinafter "permit") allowing work or construction within the public highway has first been granted under this chapter to such telecommunications corporation.

(c)

Notwithstanding subsection (a), any telecommunications corporation that was providing telecommunications service within the State of Arizona on November 1, 1997, pursuant to a grant made to it or its lawful predecessors prior to the effective date of the Arizona Constitution, may continue to provide telecommunications services pursuant to that state grant, until and unless the state grant is lawfully repealed, revoked or amended, and need not obtain any further authorization from the city to provide telecommunication services; provided, however, that such entity must in all other respects comply with the requirements applicable to telecommunications corporations, as provided in title 9, chapter 5, article 7, Arizona Revised Statutes.

(d)

Nothing in this chapter shall be deemed to affect the terms or conditions of any license or permit issued by the city prior to the effective date of this chapter or to release any party from its obligations thereunder. Those licenses or permits shall remain fully enforceable in accordance with their terms. The city manager, with consent of the city council, may enter into agreements with licensees to modify or terminate an existing license or agreement.

(e)

A license to any telecommunications corporation to use the highways to construct, install, maintain or operate telecommunications facilities under this chapter shall not authorize the use of the highways to provide any other service; nor shall the issuance of the same invalidate any license or permit that authorizes the use of the highways for such other service; nor shall the fact that an entity holds a license, or permit to make any other use of the highway or to provide any other service, authorize installation, maintenance, construction or operation of telecommunications facilities in any highway in the city without obtaining a license and permit hereunder.

(f)

Any license granted shall not be exclusive.

(g)

A telecommunications licensee may enter into contracts for use of its facilities within the public highways to provide telecommunication services. The licensee must disclose all persons with whom it contracts to use its facilities in the public highways within the city to provide telecommunications services. Persons using such licensee's facilities must themselves obtain a telecommunication license if such person constructs, installs, operates or maintains telecommunication facilities within the public highway of the city.

(h)

The issuance of a license by the city is not a representation or warranty that such license is a legally sufficient substitute for a franchise and is not a representation or warranty that a franchise is not required.

(Ord. No. 3368, § 3, 7-2-01; Ord. No. 4113, § 1(Res. No. 9551, Exh. A, § 2), 12-9-13, eff. 7-1-14)