(A) License required. No telecommunications corporation shall install, maintain, construct or operate telecommunications facilities in any public highway in the town unless a license to use the highways to provide telecommunications services has first been granted by the Town Council under this chapter to such telecommunications corporation; provided, however, that this chapter does not apply to the installation, maintenance, construction and operation of wireless facilities as that term is defined in A.R.S. § 9-591 or a video service network as that term is defined in A.R.S. § 9-1401.
(B) Exception. Notwithstanding division (A), any telecommunications corporation that was providing telecommunications service within the State of Arizona as of November 1, 1997, pursuant to a grant made to it or its lawful predecessors prior to the effective date of the state constitution, may continue to provide telecommunications services pursuant to that state grant, until and unless the state grant is lawfully repealed, revoked or amended, and need not obtain any further grant from the town to provide telecommunications services; provided, however, that such entity must in all other respects comply with the requirements applicable to the telecommunications corporations as provided in Title 9, Chapter 5, Article 7 of the Arizona Revised Statutes.
(C) Existing Licenses. Nothing in this chapter shall be deemed to affect the terms or conditions of any license or permit issued by the town prior to the effective date of the amendments of this chapter or to release any party from its obligations thereunder. Those licenses or permits shall remain fully enforceable in accordance with their terms. The Town Manager, with the consent of the Council, may enter into agreements with licensees or permittees to modify or terminate an existing license or agreement.
(D) Limitations. A license to any telecommunications corporation to use the highways to install, maintain, construct or operate telecommunications facilities shall not authorize the use of the highways to provide any other service, including video services and wireless services; nor shall the issuance of the same invalidate any license or permit that authorizes the use of the highways for such other services; nor shall the fact that a telecommunications corporation holds a 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, without obtaining a license hereunder.
(E) License Not Exclusive. Any license granted shall not be exclusive.
(Ord. O2020.02, passed 3-26-2020)