§ 92-15  License Required by Telecommunications Corporations.
   (A)   No telecommunications corporation shall install, maintain, construct or operate telecommunication facilities in any public highway in the city, unless a license to provide telecommunication services has first been granted by the City Council under this chapter.
   (B)   Notwithstanding subsection (A), any telecommunications corporation that was providing telecommunications service within this state on November 1, 1997, pursuant to a grant made to it or its lawful predecessors prior to the effective date of the Arizona Constitution, may continue to provide telecommunications services, pursuant to that state grant, until the state grant is lawfully repealed, revoked, or amended, and need not obtain any further authorization from the city to provide telecommunication services; provided, however, that such entity must in all other respects comply with the requirements applicable to telecommunications corporations, as provided in Title 9, Chapter 5, Article 7, Arizona Revised Statutes.
   (C)   Nothing in this chapter shall be deemed to affect the terms or conditions of any franchise, license, or permit issued by the city prior to November 1, 1997, or to release any party from its obligations thereunder. Those franchises, licenses, or permits shall remain fully enforceable in accordance with their terms. The City Administrator with the consent of the City Council may enter into agreements with franchise holders, licensees or permittees to modify or terminate an existing franchise, license or agreement.
   (D)   A license to any telecommunications corporation to use the highways to install, maintain, construct or operate telecommunications facilities under this chapter shall not authorize the use of the highways to provide any other service; nor shall the issuance of the same invalidate any franchise, license or permit that authorizes the use of the highways for such other service; nor shall the fact that an entity holds a franchise, license or permit to make any other use of the highway or to provide any other service authorize installation, maintenance, construction or operation of telecommunications facilities in any highway in the city, without obtaining a license hereunder.
   (E)   Any license granted shall not be exclusive.
   (F)   A telecommunications licensee may enter into contracts for use of its facilities within the public highways to provide telecommunication services.  Persons using such licensee's facilities must themselves obtain a telecommunication license if such person constructs, installs, operates or maintains  telecommunication facilities within the public highway of the city.  If the persons using such licensee's facilities do not construct, install, operate or maintain telecommunication facilities within the public highway of the city, such persons need not obtain a separate license but the telecommunications licensee must disclose the identity of such persons to the city.
(Ord. O98-02, passed 1-7-98; Ord. O99-52, passed 8-4-99; Ord. O2003-48, passed 10-15-03; Ord. O2018-019, passed 8-1-18)  Penalty, see § 92-99