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The licensee or franchisee shall not deny service, access or otherwise discriminate against subscribers, users or any resident of the city. In this regard, the licensee or franchisee shall comply with the human relations provisions of this Code, section 17-21, incorporated herein by this reference. The licensee or franchisee shall strictly adhere to the equal employment opportunity requirements of the FCC. The licensee or franchisee shall comply at all times with all other applicable federal, state and City laws, rules and regulations, and all executive and administrative orders relating to nondiscrimination.
(Ord. No. 8522, § 1, 6-12-95)
(a) Any person submitting a proposal in response to the city's request for proposals shall provide all information required by this chapter and all other information as may be solicited in the city's request for proposals or otherwise required by the city. Each proposal shall be responsive to the questions soliciting the information and shall completely, accurately and materially supply all of the information so solicited. Any misrepresentation, failure, neglect or refusal to provide any of such information may at the option of the city render a proposal invalid and it may be given no consideration. The requested information must be complete and verified as true by the applicant.
(b) All proposals received by the city from the applicants shall become the sole property of the city.
(c) The city reserves the right to reject any and all proposals and to waive all informalities where the best interest of the city may be served.
(d) Before submitting a proposal, each applicant shall be solely responsible for and must: (1) examine this chapter and the request for proposal documents thoroughly; (2) be familiar with local conditions that may in any manner affect performance under the license or franchise, including but in no event limited to relevant demographics, topographics, pole attachment policies of appropriate utility authorities, undergrounding, and subscriber and user desires; (3) be familiar with federal, state and local laws, ordinances, rules and regulations affecting performance under the license or franchise; and (4) carefully correlate all observations with the requirements of this chapter and the request for proposal documents.
(e) The city may make such investigations as it deems necessary to determine the ability of the applicant to perform under the license or franchise agreement, and the applicant shall furnish to the city all such information and date for this purpose as the city may request. The city reserves the right to reject any proposal if the evidence submitted by or investigation of such applicant fails to satisfy the city that such applicant is properly qualified to carry out the obligations of the license or franchise agreement, to comply with the provisions of this chapter, or to satisfactorily construct and operate the system. Conditional proposals shall not be accepted.
(f) Application fees.
(1) In addition to any franchise fees, and notwithstanding any other requirement of this chapter, each applicant must furnish with its proposal a nonrefundable filing fee in the amount of seventy-five hundred dollars ($7,500.00) by certified or cashiers check made payable to the city. No proposal for a license or franchise shall be considered without receipt of such check.
(2) All checks received will be deposited to an account of the city and will serve to recover all expenses incurred by the city in the preparation and granting of the license or franchise, the execution of the license or franchise agreement and regulation of the licensee or franchisee pursuant to this chapter. Such expenses shall include but not be limited to any and all publication costs, consultant's expenses and the reasonable value of services performed by the city's employees, agents or contractors.
(3) In the event that the city's expenses in connection with the application and selection process exceed the total amount of filing fees collected from the applicants, the applicant awarded the license or franchise shall pay to the city (pro rata in the event more than one (1) applicant is awarded a license or franchise) the excess amount, not to exceed fifty thousand dollars ($50,000.00) within sixty (60) days of demand by the city.
(g) Application for a license or franchise pursuant to this chapter constitutes a consent by the applicant to the surrendering of any and all preexisting licenses or franchises for the provision of any aspect of competitive telecommunications services previously granted by the city. Upon the granting of a license or franchise pursuant to this chapter, the applicant shall forthwith surrender any and all such existing licenses or franchises to the city, and any and all such licenses or franchises shall be superceded by the license or franchise granted pursuant to this chapter.
(h) Any and all decisions of the mayor and council concerning licensee or franchisee selection shall be final.
(Ord. No. 8522, § 1, 6-12-95; Ord. No. 8545, § 12, 7-10-95)
In addition to any required franchise fees, and notwithstanding any other payment required by this chapter or the license or franchise agreement, when necessary to aid in the analysis of matters relating to the system, including, but not limited to, rate investigations and regulation, technical standards, construction supervision or market surveys in the city, the city shall be entitled to employ the services of a consultant to assist and advise the city manager and the mayor and council. All reasonable fees of the consultant incurred by the city in this regard shall be shared equally by the licensee or franchisee and the city, regardless of the nature or outcome of any specific matter under consideration. The terms of this section shall not apply to any research cost incurred by the city in connection with the right of the city to purchase the system.
(Ord. No. 8522, § 1, 6-12-95)
By execution of the license or franchise agreement, the licensee or franchisee agrees that failure to comply with the provisions of this chapter and the license or franchise agreement will result in damage to the city, and that it will be impracticable to determine the actual amount of such damage; and that, in addition to any other damages suffered by the city or remedies available to it, the licensee or franchisee will pay to the city the following amounts chargeable by the city to the security deposit established in section 7B-25 ("Security Deposit") of this chapter:
(1) For failure to timely file required plans, data or reports pursuant to this chapter and the license or franchise agreement, per day . . . . . $ 50.00
(2) For failure to comply with reasonable orders of the city, per day . . . . . 50.00
(3) For failure to complete construction or commence operations pursuant to this chapter and the license or franchise agreement, per day . . . . . 350.00
(4) For failure to provide the services proposed by the licensee or franchisee pursuant to the provisions of this chapter and incorporated into the license or franchise agreement, per day . . . . . 350.00
(5) For failure to timely pay the license or franchise fee or other moneys due the city pursuant to this chapter and the license or franchise agreement, per day . . . . . 250.00
(Ord. No. 8522, § 1, 6-12-95; Ord. No. 8545, § 13, 7-10-95)
(a) Where this chapter provides alternative penalties or remedies, they shall be cumulative; and the imposition of one penalty or remedy shall not prevent the imposition of any other penalty or remedy provided for.
(b) It shall be a civil infraction for any person to violate any of the provisions of this chapter. Any person found liable for violating any provision of this chapter or any rule or regulation promulgated hereunder shall be subject to a civil penalty of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00) for each offense. Each day of a continuing violation shall constitute a separate and distinct civil infraction.
(Ord. No. 8522, § 1, 6-12-95)
If any provision, section, paragraph, sentence, clause, or phrase of this chapter is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity of the remaining portions of this chapter. It is the intent of the city in adopting this chapter that no portion or provision thereof shall become inoperative or fail by reason of any invalidity or unconstitutionality of any other portion or provision, and to this end all provisions of this chapter are declared to be severable.
(Ord. No. 8522, § 1, 6-12-95)
In any case where a person had been previously granted a non-exclusive license or franchise for telecommunications facilities for the purpose of providing local linkage to long distance telecommunications services and that person or an assignee, duly consented to by the mayor and council, is validly operating under the terms thereof, such licensee or franchisee may continue to provide such local linkage in strict accord with its terms over existing facilities. No permits for further expansion of existing facilities will be granted without an application under this chapter. Any renewal of such continuing license, however, shall be in accord with the provisions of this chapter. At any time within one year of the enactment of this ordinance, however, the licensee or franchisee may elect to bring itself under the provisions of this chapter for the balance of the term of the subsisting license, and the terms of the subsisting license shall be deemed to conform to this chapter.
(Ord. No. 8522, § 1, 6-12-95)
No sooner than thirty (30) days from the date of adoption of this chapter, the city shall examine whether equal access to the capability for fiber optic facility attachments to utility poles or other facilities of other city-franchised entities exists within the city. In the event that the city determines, in its sole discretion, that equal access to pole or other utility facility attachments does not exist at such time, the city shall forthwith impose a permit moratorium upon the issuance of all new street excavation, right-of-way excavation, or other construction or installation permits for all fiberoptic installations within the city relating to such facilities, including permits for modification of existing facilities. Such moratorium shall also have the effect of cancelling any existing permit for any fiber optic licensee which allows attachment to any such pole or other utility facility attachments of other city-franchised entities within the city for the duration of such moratorium. The moratorium imposed pursuant to this section shall remain in effect until the city determines, in its sole discretion, that equal access exists within the city for pole or other utility facility attachments for fiber optic communications facilities.
(Ord. No. 8522, § 1, 6-12-95; Ord. No. 8545, § 14, 7-10-95)
The mayor and council may issue limited non-exclusive licenses pursuant to the authority of A.R.S. § 9-561, et seq., to authorize placement of interstate fiber-optic telecommunications facilities within city rights-of-way in the event the facilities do not exceed twenty (20) linear miles in total length of installation and connect only to interstate telecommunication carrier points of presence, and to no other connection within the city. Notwithstanding any other provision of this chapter, said licenses shall provide for payment to the city of a right-of-way occupancy fee for each linear foot of installation on a basis determined by the mayor and council at the time of the granting of the license, and shall contain such other terms and conditions as the mayor and council may approve.
(Ord. No. 8936, § 1, 9-2-97; Ord. No. 10317, § 2, 9-12-06)
The provisions of this chapter 7B shall not apply to any telecommunications provider in connection with the provision of wireline local exchange services who is providing, and with its predecessors-in-interest has been continuously providing, local exchange service within the city since prior to February 14, 1912, under a claim of a territorial franchise.
(Ord. No. 9909, § 1, 11-3-03)