(A) This subchapter shall not apply to incumbent cable operators who have elected to continue to operate within a service area as defined in its existing local license with the town. The requirements of this section shall apply to video services licenses granted on or after 1-1-2020.
(B) 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 Town Clerk an application and an affidavit in a form provided by the Town 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.
(C) The application shall be accompanied by an affidavit in the form approved by the Council signed by one of the principal executive officers or general partners of the applicant that the information set forth in the application are true and accurate.
(D) The application and affidavit shall be submitted to the Town Clerk, who shall forward the application and affidavit to the town’s Community Development Department for review.
(E) If the Community Development Department determines 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; and
(2) Specify the information or other items that are necessary for proper completion of the application and affidavit.
(F) A uniform video services license shall be issued within 30 days from the date a complete application was filed with the Town Clerk. The term of a uniform video services license shall not exceed ten years.
(G) 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.
(H) 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.
(I) 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.
(J) The term of a uniform video services license may be extended by the holder of a video service provider filing with the Town Clerk a notice to extend the term for a specified period not to exceed ten years. The notice shall be filed at least one month before the end of the term of the uniform video services license.
(K) Any use of or attachment by a video service provider to a utility or other pole owned by the town must first be approved in a separate contract with the town, at the sole discretion of the Town Council. If, pursuant to such contract, the town requires the video service provider to locate facilities in ducts or conduits or on poles owned by the town, the town shall not require the video service provider to pay for the installation in the ducts or conduits or on the poles.
(L) If a video services provider submits an application, the town 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 town 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 one of the video service provider’s aerial horizontal conductors. This division (L) does not do any of the following:
(1) Prohibit the town 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 town to manage its highways or to exercise its police powers, including review and approval of an application before issuing a permit; or
(4) Affect the town’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 town by a video service provider.
(Ord. 19-03, passed 11-12-2019)