(A) No telecommunications corporation shall install, maintain, construct or operate telecommunications facilities in any public highway in the town, or provide telecommunications service by means of such facilities unless a license to provide telecommunications services has first been granted by the Town Council under this chapter, provided however that this chapter does not apply to the installation, maintenance, construction and operation of wireless facilities as that term is defined in §
113.03
, which activities shall be governed by Chapter 113.
(B) Notwithstanding division (A) above, any telecommunications corporation that was providing telecommunications service within the state as of October 31, 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may continue to provide telecommunications services pursuant to that state grant, until the state grant is lawfully repealed, revoked or amended, and need not obtain any further authorization from the town to provide telecommunication services; provided, however, that such entity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 A.R.S. Title 9, Chapter 5, Article 7.
(C) Nothing in this chapter shall be deemed to affect the terms or conditions of any franchise, license or permit issued by the town prior to October 31, 1997, or to release any party from its obligations thereunder. Those franchises, licenses or permits shall remain fully enforceable in accordance with their terms. The Town Manager, with the consent of the Town Council, may enter into agreements with franchise holders, licensees or permittees to modify or terminate an existing franchise, license or agreement.
(D) A license to any telecommunications corporation to use the highways to install, maintain, construct or operate telecommunications facilities or to provide telecommunications services 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 franchise, license or permit that authorizes the use of the highways for such other service, nor shall the fact that an entity holds a franchise, 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 town, or permit such entity to provide telecommunications services by means of such facilities without obtaining a license hereunder.
(E) Any license granted shall not be exclusive.
(Ord. 03-2003, passed 1-8-2004; Ord. 01-2018, passed 2-8-2018)