Loading...
Without limiting the rights that the city might otherwise have, the city does hereby expressly reserve the following rights, powers, and authorities:
(A) To exercise its governmental powers now or hereafter to the full extent that such powers may be vested in or granted to the city.
(B) To determine any question of fact relating to the meaning, terms, obligations, or other aspects of this chapter and the instruments issued under this chapter.
(C) To grant multiple, nonexclusive licenses, franchises, licenses, or permits within the city to other persons.
(Ord. O98-02, passed 1-7-98)
(A) The provider shall at all times be subject to all lawful exercise of the police power by the city, including any and all chapters, rules, or regulations which the city has adopted or may adopt, and all laws, rules, regulations, orders, and policies of the state and the United States Government. In the event of a conflict between this chapter and other provisions of the city code, the stricter requirement shall apply.
(B) The city shall have continuing jurisdiction and supervision over any facilities located within or on city public highways. However, it is recognized that the daily administrative, supervisory, and enforcement responsibilities of the provisions of this chapter shall be delegated and entrusted to the City Administrator or designee to interpret, administer, and enforce the provisions of this chapter, and to promulgate standards regarding the construction, reconstruction, relocation, maintenance, dismantling, abandonment, or use of the facilities within the city public highways.
(Ord. O98-02, passed 1-7-98; Ord. O2018-019, passed 8-1-18)
From and after the effective date of this chapter, it shall be unlawful for any provider to occupy the public highways unless the provider is in compliance with the provisions of this chapter. The city may pursue any remedy at law, including but not limited to, injunctive relief, civil or criminal trespass, criminal misdemeanor, and withholding other city permits and authorizations until the provider complies with this chapter. These remedies are cumulative and may be pursued in the alternative.
(Ord. O98-02, passed 1-7-98; Ord. O2018-019, passed 8-1-18) Penalty, see § 92-99
License or Franchise to Occupy Public Highways
(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
(A) A telecommunications corporation desiring a license to construct, install, operate and maintain telecommunication facilities in streets and other highways of the city shall file a proposal with the City Administrator, in the form prescribed by the city, and shall pay an application fee determined by the City Engineer. The amount of the application fee shall be reasonably related to the cost directly incurred by the city relating to the granting or administration of the license and can be appealed to the City Administrator.
(B) Each application shall, at a minimum:
(1) Show where the facilities the applicant will use will be located, or contain such other information as the city may deem necessary in order to ensure that the applicant will comply with the requirements for use of the highways;
(2) Identify the applicant, its name, address and telephone number;
(3) Contain a description of the services to be provided; and
(4) Set out a description of any agreement with any other entity that would permit such entity to use the facilities.
(C) Upon receiving an application for a license that satisfies the conditions of subsection (B), the city shall promptly proffer a telecommunications license to the applicant for its review, and may inquire into matters relevant to the issuance of the license. If the applicant agrees to the terms and conditions of the license, the request shall be approved. Notwithstanding the foregoing, the city need not issue or renew a license if the applicant has previously had a license or permit revoked, or for any other reason permitted under Arizona law.
(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)
(A) Franchise election. Upon finding that a franchise proposal is acceptable and in good order, the City Engineer's Office shall promptly notify the persons seeking the franchise, and advise them to pay a franchise election fee to the City Clerk within a specified number of days in an amount to be determined by the City Clerk that recovers all city costs. Upon the City Clerk's receipt of the fee, the City Clerk shall schedule a franchise election at the next date determined by the City Council.
(B) Length of license or franchise. Any license or franchise granted by the city pursuant to this chapter shall commence upon adoption of the license or franchise and acceptance of the license or franchise by the provider. The license or franchise shall be effective for a period determined by the City Council, but in the case of a license to a telecommunications corporation to construct, install, operate or maintain telecommunications facilities, the period shall be five (5) years. Each license or franchise is subject to the conditions and restrictions provided in the instrument and this chapter. The city may terminate a license or franchise in accord with its terms and conditions if the licensee or franchisee is in default thereunder, subject to § 92-20.
(C) License or franchise agreement. The city reserves the right, at its discretion, to require providers seeking a license or franchise under this chapter to execute a binding agreement setting forth all terms and provisions of the contractual relationship between the city and the provider regarding the presence of communications facilities within city public highways. Such agreements may be amended only in writing subject to the mutual consent of the parties, and in the case of agreements relating to franchises, with the concurrence of the electorate at an election.
(D) No warranty. Providers may choose between requesting a license or franchise under this section. The issuance of a license by the city is neither a representation nor a warranty that such license is a legally sufficient substitute for a franchise and is neither a representation nor a warranty that a franchise is not required.
(E) As a condition of issuing or renewing a license or franchise pursuant to this chapter, applicant must:
(1) Show, in the case of a telecommunications corporation seeking a telecommunications license or franchise, that the applicant has and maintains a valid certificate of convenience and necessity from the Arizona Corporation Commission or the Federal Communications Commission or the successor of either, as the case may be and in other cases, applicant must demonstrate that it is qualified to hold a license or franchise; except that this requirement shall not apply to a telecommunication corporation that provides solely interstate telecommunication services within Arizona;
(2) Agree to conform to public highway use requirements that the city may establish from time to time;
(3) Agree to provide and maintain accurate locational maps and drawings of all of applicant’s facilities as proposed and as built in the public highway, and to comply with such other mapping requirements as the city may establish from time to time;
(4) Satisfy insurance, bonding, and security fund requirements established pursuant to § 92-41(H); fully indemnify the city, its Mayor and Councilmembers, employees, officers, agents, boards and commissions, in a form satisfactory to the city; and agree that applicant shall have no recourse against the city for monetary damages as a result of any damage that may result from the city's exercise of its rights under the license, or applicable provisions of law; and
(5) Agree to comply with and be bound by the administrative and enforcement provisions set forth in this chapter and as may be prescribed from time to time by the city consistent with state law, which may include:
(a) Provisions covering assignment.
(b) The right to inspect records to determine compliance by the licensee.
(c) Provisions for renewal.
(d) Fees and charges contemplated by A.R.S. § 9-582(C), as amended, may be charged by the city pursuant to Chapter 210 of the City Code.
(F) Nothing herein shall be read to prevent the city from considering other matters or establishing additional conditions. Except as prohibited by state law, nothing herein shall be read to require the city to issue or renew a license if the applicant has previously had a license or permit revoked, or for any other reason permitted under Arizona law. Every licensee shall be subject to the city’s exercise of such police, regulatory and other powers as the city now has or may later obtain, and a license may not waive the application of the same, and must be exercised in strict conformity therewith.
(G) A cable franchise or license issued under other provisions of this code shall not constitute for any purpose the license or franchise required under this chapter. Nothing in this chapter shall be read to relieve the operator of an open video system of the obligation to obtain a license or franchise before installing, constructing, operating or maintaining an open video system, and before providing open video system services.
(H) A license or franchise issued pursuant to this chapter may not be transferred without the prior, written consent of the city. A "transfer"is any transaction, however nominated, that results in a change in the franchisee or licensee, or a change in the control of the communications facility, in whole or part, or a change in the control of franchisee, licensee or its parents, or that purports to transfer or subdivide any of the rights granted pursuant to the license or franchise.
(Ord. O98-02, passed 1-7-98; Ord. O99-52, passed 8-4-99; Ord. O2018-019, passed 8-1-18)
(A) De minimus license. The City Council may issue a limited license to authorize placement of interstate fiber-optic telecommunications facilities within city public highways in the event the facilities do not exceed ten lineal miles in total length of installation and connect only to interstate telecommunication carrier points of presence, and to no other connection within the city. Said license shall provide for quarterly payments to the city of a public highway occupancy fee for each lineal foot of installation on the basis of fair market value and cost, as determined by the City Council at the time of the granting of the license and adjusted periodically thereafter at the city's discretion. The license may also contain such additional terms and conditions as the City Council may approve consistent with the purposes and findings in this chapter and applicable law.
(B) Transitting traffic license. The City Council may issue a limited license to authorize use of the city's public highways solely for the purpose of providing telecommunications service where no sale or exchange of service originates or terminates in the city. Said license shall provide for quarterly payments to the city of a public highway occupancy fee for each lineal foot of installation on the basis of fair market value and cost, as determined by the City Council at the time of the granting of the license and adjusted periodically thereafter at the discretion of the city. The license may also contain such other terms and conditions as the City Council may approve consistent with the purposes and findings in this chapter and applicable law.
(C) Wireless services facilities license. The City Council may issue a limited license to authorize the installation, operation, maintenance, or use of wireless services facilities, such as antennas, within the city's public highways. Unless no fee is allowed by law, said license shall provide for quarterly payments to the city of a public highway occupancy fee for each site or installation on the basis of fair market value and cost, as determined by the City Council at the time of the granting of the license and adjusted periodically thereafter at the discretion of the city. The license may contain such other terms and conditions as the City Council may approve consistent with the purposes and findings in this chapter and applicable law.
(Ord. O98-02, passed 1-7-98; Ord. O2018-019, passed 8-1-18)
The City Engineer shall not issue an encroachment permit or other authorization for a provider to construct or install communications facilities, or facilities for which a license or franchise is required under this chapter, unless the provider has first obtained all licenses or franchises required to occupy the city's public highways under this chapter, and, if applicable, has obtained any wireless application approvals required by Section 154-19.09. No permit issued shall be valid if the required license or franchise has not been obtained.
(Ord. O98-02, passed 1-7-98; Ord. O99-52, passed 8-4-99; Ord. O2018-019, passed 8-1-18)
Loading...