(A) If council approves the application and proposal, the terms shall be set forth in a written license agreement which shall also be considered at the same public hearing. The license agreement shall incorporate all terms and provisions of this chapter. The licensee shall expressly and specifically agree to accept and be bound by the terms of this chapter.
(B) A license agreement shall have the minimum following characteristics, but the city and licensee may negotiate additional terms and conditions consistent with A.J.C.C. Vol. I, § 14-1-4, state and federal law:
(1) It authorizes use of the public rights-of-way for installing cables, wires, lines and other facilities to operate a cable TV system, but does not expressly or implicitly authorize the licensee to provide service to, or install cable, wires, lines or any other equipment or facilities upon property without owner consent (except for compatible easements or rights-of-way pursuant to 47 U.S.C. § 541(a)(2)), or to use publicly or privately owned utility poles or conduits without a separate agreement with the owners. It also authorizes the licensee to so use, operate and provide similar facilities or properties rented, licensed or leased from other persons, firms or corporations, including but not limited to, any public utility or other licensee licensed or permitted to do business in the city; provided, however, that neither the licensee nor the third party shall be relieved of any regulation or obligation as to its use of the facilities in the public rights-of-way.
(2) It is subject to the paramount right of use of the public rights-of-way by the council and the public for public purposes. The council reserves the right to authorize use of public rights-of-way to other persons as it determines appropriate.
(3) It is nonexclusive and will not expressly or implicitly preclude the issuance of other licenses to operate cable systems within the city.
(4) It conveys no property right to the licensee or right to renewal other than as may be required by state or federal law, and the agreement is not a franchise.
(5) It constitutes a legally binding contract between the licensee and the city once it is approved by the Council and executed by both parties. A licensee contractually commits itself to comply with the terms, conditions and provisions of the license agreement and with all applicable laws, ordinances, codes, rules, regulations and orders.
(6) In no case shall the term of any license agreement exceed 15 years commencing on its effective date. A greater period of time is prohibited.
(7) A licensee shall execute a hold harmless agreement as part of the license agreement which shall set forth the obligation of the licensee over and above the insurance requirements contained in the license and this chapter.
(8) A licensee shall be subject to all laws, rules and regulations of the State of Arizona and the United States Government.
(9) Any of the provisions of this chapter may be amended by the council at any time. This chapter and the amended provisions shall be applicable to all existing license agreements; provided, however, that this chapter and the amended provisions shall not be applicable to an existing agreement where it would contravene a contractual right of the licensee under the license agreement.
(10) All notices and communications from a licensee to the council pursuant to this chapter or a license agreement shall be sent to the city manager unless the licensee is otherwise directed.
(11) Insofar as it is not inconsistent with or otherwise preempted by federal or state regulations, the license agreement shall grant the right and privilege to the licensee to provide non-cable communications services. Insofar as it is not inconsistent with or otherwise preempted by federal or state regulations, the council shall retain all authority to regulate non-cable telecommunication services to the extent necessary to protect the public interest and to ensure compliance with all provisions of this chapter.
(Ord. 1413, passed 2-3-2015)