A. Prior to the commencement of any construction or expansion of a video service network or the provision of any video service, a video service provider shall file with the City Clerk an application and an affidavit in a form provided by the City Clerk. The application shall be in the form of application approved by the Council and shall include all information and not more than the information required by the application form and A.R.S. § 9-1414.
B. The application shall be accompanied by an affidavit in the form approved by the City Council signed by 1 of the principal executive officers or general partners of the applicant that the information set forth in the application are true and accurate.
C. The application and affidavit shall be submitted to the City Clerk, who shall forward the application and affidavit to applicable city departments for review.
D. If it is determined that the application and affidavit are incomplete or otherwise deficient under A.R.S. § 9-1414, written notice shall be given to the applicant not later than 15 days after the date of filing of the application and affidavit. The written notice shall:
1. Explain the incompleteness or deficiency in detail.
2. Specify the information or other items that are necessary for proper completion of the application and affidavit.
E. A uniform video services license shall be issued within 30 days from the date a complete application was filed with the City Clerk. The term of a uniform video services license shall not exceed 10 years.
F. If written notice of an incomplete or deficient application and affidavit is not given within 15 days after the date of filing, or if the uniform video services license is not issued within 30 days from the date a complete application has been submitted, the agreement shall be deemed complete and issued to the applicant in the form submitted.
G. No fees shall be charged for filing or processing an application, affidavit, notice or other document related to the issuance of the uniform video services licenses.
H. Amendments to a uniform video services license to add service areas shall be processed in the same manner as the original uniform video services license.
I. The term of a uniform video services license may be extended by the holder of a video service provider by filing with the City Clerk a notice to extend the term for a specified period not to exceed 10 years. The notice shall be filed at least 1 month before the end of the term of the uniform video services license.
J. Any use of or attachment by a video service provider to a utility or other pole owned by the city must first be approved in a separate contract with the city, at the sole discretion of the City Council. If, pursuant to such contract, the city requires the video service provider to locate facilities in ducts or conduits or on poles owned by the city, the city shall not require the video service provider to pay for the installation in the ducts or conduits or on the poles.
K. If a video services provider submits an application, the city shall issue to a video service provider or its affiliate a permit to attach allowed Wi-Fi radio equipment to the video service network in the highways. The permit shall allow installation, operation and maintenance of allowed Wi-Fi radio equipment. The city may require that all of the allowed Wi-Fi radio equipment at a single location fit within a 15-inch cube and be contained entirely within a ground-mounted pedestal or be connected directly to and mounted at the same height as 1 of the video service provider’s aerial horizontal conductors. This subsection does not do any of the following:
1. Prohibit the city from requiring a video service provider to place underground aerial facilities to which allowed Wi-Fi equipment is attached.
2. Prohibit the imposition of a tax, rent, fee or charge on revenue from services provided through allowed Wi-Fi radio equipment.
3. Affect the authority of the city to manage its highways or to exercise its police powers, including review and approval of an application before issuing a permit.
4. Affect the city’s authority to deny, limit, restrict or determine the terms and conditions for the use of or attachment to the utility poles or attachments to other poles of the city by a video service provider.
(Ord. 20-1231, passed 5-12-2020)