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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)