(A) No person shall place, install, construct, operate, or maintain any fiber optic equipment, facilities, or system for fiber optic communication services, an interstate services or other communication, conduction, or transmission facilities excluded from the definition of telecommunications and telecommunication services as defined by Arizona State Statute, in, upon, or under the surface of any highway, public place, street, or right-of-way, unless a fiber optic cable license has first been obtained in accordance with the provisions of this subchapter. In addition to obtaining the fiber optic cable license as provided herein, any person desiring to place, install, construct, operate, or maintain such facilities in, upon, or under any highway must also obtain a fiber optic cable, (Class 5), encroachment permit, as required herein.
(B) The requirement to obtain a fiber optic cable license set forth in this section does not apply to those activities or operations of a telecommunications corporation which meets the requirements set forth in A.R.S. § 9-581.
(C) A fiber optic cable license pursuant to this subchapter 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 person holds a franchise, license, or permit to make any other use of the highway or to provide or operate any other service, authorize installation, maintenance, construction, or operation of fiber optic cable, interstate services, or other facilities required to be licensed by this section in any highway in the city, or permit the licensee to provide fiber optic cable services by means of the facilities without obtaining a fiber optic cable license hereunder.
(D) A fiber optic cable license is personal to the licensee. Except as provided in the license, no transfer or change of control over the licensee, (including but limited to, forced or voluntary sale, merger, consolidation, receivership, or any other means) shall occur unless prior application is made to the city and the city’s prior written consent is obtained, which consent will not be unreasonably withheld or delayed.
(E) The licensee shall produce books and records for the city’s inspection and copying, prepare reports, respond to questions, and permit the city to have access to its facilities as the city may request in order to determine whether the licensee has complied with its obligations under the license or other applicable law or regulation.
(F) The applicant shall agree to provide and maintain accurate maps showing the location of all its facilities including all the facilities it will use in the highways within the city, and to comply with such other mapping requirements that the city may establish from time to time.
(G) The applicant shall agree to comply with highway use requirements that the city may establish from time to time.
(H) The applicant shall agree to comply with and be bound by the administrative and enforcement provisions as may be prescribed from time to time by the city.
(I) The applicant must agree to abide by such other conditions and terms as required by the City Council upon consideration of the application.
(J) In the event there is a conflict between the provisions of this subchapter and the provisions contained in a franchise or license granted by the city to an applicant, the provisions of the franchise or license shall prevail.
(Prior Code, § 18-7-2)