(A) No person shall place, install, construct, operate, or maintain any telecommunications equipment, facilities, or system for telecommunications services in, upon, or under the surface of any highway, public place, street, or right-of-way, unless a telecommunications license, franchise, or state grant has first been obtained in accordance with the provisions of this chapter. In addition to obtaining the telecommunications license as provided herein, the person must also obtain a telecommunications encroachment permit, Class 4, as required herein.
(B) A telecommunications provider may obtain a telecommunications license by application filed with the City Manager, pursuant to the provisions of this chapter or at the applicant’s choice, may obtain a telecommunications franchise from the electorate at the provider’s expense, pursuant to Article XIII of the Arizona Constitution and the provisions of this chapter. Any telecommunications corporation that was providing telecommunications service within the State of Arizona 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may continue to provide telecommunications services pursuant to that state grant, until the State grant is lawfully repealed, revoked, or amended, and need not obtain any further authorization from the city to provide telecommunications services; provided, however, that the entity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) A telecommunications license pursuant to 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 services; nor shall the fact that a telecommunication corporations hold 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 city, or permit the license to provide telecommunications services by means of the facilities without obtaining a telecommunications license or franchise hereunder.
(D) Any telecommunications license or franchise granted shall not be exclusive.
(Prior Code, § 18-6-2)