(A) Pursuant to A.R.S. § 9-505 et seq. and as amended, the council has the authority to issue non-exclusive licenses to construct, install, maintain and operate cable TV systems within the city, and to regulate those cable operations. The council’s authority is also based in common law pursuant to the city’s ownership of the fee simple title to the public rights-of-way of the city as well as its legal interest in easements and licenses granted to it by property owners for the purposes of municipal use.
(B) No provision of this chapter shall be deemed or construed to require the granting of a license.
(C) No person shall construct, install or maintain a cable TV system within the public rights-of-way in
the city, or within any other public property of the city, unless a license agreement authorizing such use of the public rights-of-way or property is in full force and effect.
(D) All licenses issued by the council shall be non-exclusive, and the council specifically reserves the right to grant such additional licenses for cable TV systems as the council deems appropriate.
(E) Any terms and conditions of agreements between licensee and other entities or municipalities shall not effect any of the terms and conditions including but not limited to the rates, services and work schedules, set forth in a license agreement negotiated between the city and licensee.
(F) A license shall not relieve the licensee of any obligation to obtain and comply with any necessary permit or other forms of authorization required by the city code or other applicable laws and regulations and shall not convey rights other than as specified in this Chapter 14, or in the license agreement; no rights shall pass by implication.
(G) Any license shall authorize the licensee to engage in the business of operating a cable TV system and providing cable service in the city, and may authorize non-cable service in the city to the extent not prohibited by state and federal law, and to erect, install, construct, prepare, replace, reconstruct, maintain and keep in any public rights-of-way such poles, wire, cable, conductors, ducts, conduit, vaults, manholes, amplifiers, appliances, attachments and other facilities as may be necessary and appurtenant to the cable TV system. In addition, any license shall authorize the licensee to use and operate such facilities rented or leased from other persons, including but not limited to any public utility or other licensee holding a valid license or permitted to do business in the city; provided, however, that:
(1) The safety, functioning, and appearance of the public rights-of-way and the safety of other persons shall not be adversely affected by the installation, construction, operation or removal of such facilities necessary for a cable TV system; and
(2) The cost of the installation, construction, operation or removal of such facilities shall be borne by the licensee.
(H) Nothing in this Chapter 14 shall relieve the licensee of any obligation to obtain any authorizations or licenses from the city to use the public rights-of-way to provide non-cable service, or to comply with any city rules, regulations and standards with respect to the use of the public rights-of-way for the provision of such non-cable service. The provisions of this chapter 14 are not a bar to the imposition of similar, different or additional city imposed rules, regulations and standards with respect to the use of the public rights-of-way in connection with the provision of non-cable service. In addition to other rights it has, the city may establish such rules, regulations and standards related to the provision of such non-cable service, to the extent not prohibited by state and federal law, as required to protect the public interest.
(Ord. 1413, passed 2-3-2015)