(A) A telecommunications corporation desiring a license to occupy the streets and other highways of the town to provide telecommunications service shall file a proposal with the Town Clerk, in the form prescribed by the town, and shall pay a fee determined by the Town Council. The amount of the fee shall be reasonably related to the cost directly incurred by the town relating to the granting or administration of the license.
(B) Each application shall, at a minimum: show where the facilities the applicant will use will be located, or contain such other information as the town may deem necessary in order to ensure that the applicant will comply with requirements for use of the highways; identify the applicant, its name, address and telephone number; contain a description of the services to be provided; and set out a description of any agreement with any other entity that would permit such entity to use the facilities.
(C) Upon receiving an application for a license that satisfies the conditions of division (B) above, the town shall promptly proffer a telecommunications license to the applicant for its review, and may inquire into matters relevant to the issuance of the license. If the applicant agrees to the terms and conditions of the license, the request shall be approved. Notwithstanding the foregoing, the town need not issue or renew a license if the applicant has previously had a license or permit revoked, or for any other reason permitted under state law.
(D) As a condition of issuing or renewing a license to use the public highways to provide telecommunications services, the town may require that:
(1) The applicant shows that it has received a certificate of public convenience and necessity from the State Corporation Commission;
(2) The applicant agrees to comply with the highway use requirements that the town may establish from time to time;
(3) The applicant agrees to provide and maintain accurate maps showing the location of all the facilities it will use in the highways within the town, and to comply with such other mapping requirements as the town may establish from time to time;
(4) The applicant obtains the insurance, and provide proof of insurance as required by the town; posts the performance bonds and security fund required by the town; agrees to fully indemnify the town, its officers, agents, boards and commissions, in a form satisfactory to the town; and agrees that it shall have no recourse against the town for monetary damages as a result of any damage that may result from the town’s exercise of its rights under the license, or applicable provisions of law; and
(5) The applicant agrees to comply with and be bound by the administrative and enforcement provisions as may be prescribed from time to time by the town, which may include:
(a) Provisions covering assignment;
(b) The right to inspect records to determine compliance by the licensee;
(c) Provisions for renewal; and
(d) Fees and charges contemplated by A.R.S. § 9-582(C) may be charged by the town.
(E) Any license granted by the town pursuant to this chapter shall commence upon adoption of the license and acceptance of the license by the provider.
(1) The license shall be for a term of five years, and subject to the conditions and restrictions provided in the instrument and this chapter.
(2) Licenses or franchises issued pursuant to this section shall be renewed if:
(a) The telecommunications corporation satisfies the conditions of the renewal license or franchise; and
(b) The renewal applicant has complied with the material terms of its prior license or franchise and applicable law; however, renewal shall not be denied for failure to comply with license or franchise terms unless the licensee or franchisee has had written notice and a reasonable opportunity to cure the defect in past performance.
(F) Every licensee shall be subject to the town’s exercise of such police, regulatory and other powers as the town now has or may later obtain, and a license may not waive the application of the same, and must be exercised in strict conformity therewith. Every license shall be subject to revocation if the licensee fails to comply with the terms and conditions of the license or applicable law; provided, however, that a license shall not be revoked unless the licensee is given written notice of the defect in performance and fails to cure the defect within 60 days of the notice, except where the town finds that the defect in performance is due to intentional misconduct, is a violation of criminal law, or is part of a pattern of violations where the licensee has already had notice and opportunity to cure. A hearing shall be held before a license is revoked or not renewed if the licensee requests a hearing.
(G) The issuance of a license by the town 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. 03-2003, passed 1-8-2004)