§ 19-3. License or franchise required.

(a)

No telecommunications corporation shall install, maintain, construct or operate telecommunications facilities in any public highway in the town, unless a license to use the highways to provide telecommunications services has first been granted by the council under this chapter or a franchise awarded by the electorate under Article XIII of the Arizona Constitution and this chapter to such telecommunications corporation.

(b)

Nothwithstanding subsection (a), any telecommunications corporation that was providing telecommunications service within this state as of 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to provide telecommunications services pursuant to that state grant, until and unless the state grant is lawfully repealed, revoked or amended, and need not obtain any further grant from the town to provide telecommunications services,; provided, however, that such entity must in all other respects comply with the requirements applicable to the telecommunications corporations as provided in Title 9, Chapter 5, Article 7 of the Arizona Revised Statutes.

(c)

Nothing in this article shall be deemed to affect the terms or conditions of any franchise, license, or permit issued by the town prior to the effective date of the amendments of this article or to release any party from its obligations thereunder. Those franchises, licenses or permits shall remain fully enforceable in accordance with their terms. The town manager, with the consent of the council, may enter into agreements with franchise holders, licensees or permittees to modify or terminate an existing franchise, license or agreement.

(d)

A franchise or license to any telecommunications corporation to use the highways to install, maintain, construct or operate telecommunications facilities 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 services; nor shall the fact that a telecommunications corporation 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 town, without obtaining a license or franchise hereunder.

(e)

Any license or franchise 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 town. If the persons using such licensee's facilities do not construct, install, operate or maintain telecommunication facilities within the public highway of the town, such persons need not obtain a separate license but the telecommunications licensee must disclose the identity of such persons to the town.

(Ord. No. 1136, § I, 12-8-98; Ord. No. 1181, § I, 7-6-99; Ord. No. 1380, § I, 1-8-02)