(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 the facilities unless a license to provide telecommunications services has first been granted by the Town Council of the town under this chapter.
(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may continue to provide telecommunications services pursuant to that state grant, until the state grant is lawfully repealed, revoked or amended and need not obtain any further authorization from the town to provide telecommunications services; provided, however, that the entity must in all other respects comply with the requirements applicable to the telecommunications corporations, as provided in A.R.S. Title 9, Chapter 5, Art. 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 there under. 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 permitees to modify or terminate an existing franchise, license or agreement.
(D) A license to any telecommunications corporation to use the highway 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 any 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 the entity to provide telecommunications services by means of the facilities without obtaining a license hereunder.
(E) Any license granted shall not be exclusive.
(Prior Code, Ch. 9, Art. IX, § 9-802) (Ord. 351-04, passed 9-7-2004) Penalty, see § 10.99