(A) A wireless provider that desires to place or maintain a wireless facility in public rights-of-way in the city shall first register with the city in accordance with this chapter. Subject to the terms and conditions prescribed in this chapter and pursuant to any required permit(s), a registrant may erect, construct, place install, expand, use, maintain or repair a wireless facility in public rights-of-way.
(B) A registration shall not convey any title, equitable or legal, to the registrant in the public rights-of-way. Registration under this chapter governs only the placement or maintenance of wireless facilities in public rights-of-way. Other ordinances, codes or regulations may apply to the placement or maintenance in the public rights-of-way of facilities that are not wireless facilities. Registration does not excuse a wireless provider from obtaining appropriate access or pole attachment agreements before locating its facilities on the city or another person's facilities. Registration does not excuse a wireless provider from complying with all applicable ordinances, codes or regulations of the city, including this chapter.
(C) Each wireless provider that desires to place or maintain a wireless facility in public rights-of-way in the city shall file a single registration with the city which shall include the following information:
(1) Name of the applicant;
(2) Name, address and telephone number of the applicant's primary contact person in connection with the registration, and the person to contact in case of an emergency;
(3) Evidence of the insurance coverage required under this chapter and acknowledgment that registrant has received and reviewed a copy of this chapter, which acknowledgment shall not be deemed an agreement; and
(4) The number of the applicant's certificate of authorization or license to provide communications services issued by the Arizona Corporation Commission, the Federal Communications Commission, or other federal or state authority, if any.
(D) The city shall review the information submitted by the applicant. Such review shall be by the City Manager or his or her designee. If the applicant submits information in accordance with the subsection (C) above, the registration shall be effective and the city shall notify the applicant of the effectiveness of registration in writing. If the city determines that the information has not been submitted in accordance with the subsection (C) above, the city shall notify the applicant of the noneffectiveness of registration, and reasons for the noneffectiveness, in writing. The city shall so reply to an applicant within thirty (30) days after receipt of registration information from the applicant. Noneffectiveness of registration shall not preclude an applicant from filing subsequent applications for registration under the provisions of this chapter.
(E) A registrant may cancel a registration upon written notice to the city stating that it will no longer place or maintain any wireless facilities in public rights-of-way within the city and will no longer need to obtain permits to perform work in public rights-of-way. A registrant cannot cancel a registration if the registrant continues to place or maintain any wireless facilities in public rights-of-way.
(F) Registration does not in and of itself establish a right to place or maintain or priority for the placement or maintenance of a wireless facility in public rights-of-way within the city but shall establish for the registrant a right to apply for a permit, if permitting is required by the city. Registrations are expressly subject to any future amendment to or replacement of this chapter and further subject to any additional city ordinances, as well as any state or federal laws that may be enacted.
(G) A registrant shall renew its registration with the city by September 30 of each year, in accordance with the registration requirements in this chapter. Within thirty (30) days of any change in the information required to be submitted pursuant to subsection (C), a registrant shall provide updated information to the city. If no information in the then-existing registration has changed, the renewal may state that no information has changed. Failure to renew a registration may Result in the city restricting the issuance of additional permits until the wireless provider has complied with the registration requirements of this chapter.
(H) In accordance with applicable city ordinances, codes or regulations, a permit is required of a wireless provider that desires to place or maintain a wireless facility in public rights-of-way An effective registration shall be a condition of obtaining a permit. Notwithstanding an effective registration, permitting requirements shall apply. A permit may be obtained by or on behalf of a registrant having an effective registration if all permitting requirements are met.
(Ord. 2018-001, passed 2-8-18)