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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)