(A) No telecommunications corporation shall install, maintain, construct or operate telecommunications facilities in any street or public ways in the City, unless a license to provide telecommunications services has first been granted by the City Council under this chapter.

(B) Notwithstanding division (A) of this section, any telecommunications corporation that was providing telecommunications service within the State of Arizona as of October 31, 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may continue to provide telecommunications services pursuant to that state grant, until the state grant is lawfully repealed, revoked or amended, and need not obtain any further authorization from the City to provide telecommunication services; provided, however, that the entity must in all other respects comply with the requirements applicable to telecommunications corporations, as provided in A.R.S. Title 9, Chapter 5, Article 7.

(C) Nothing in this article shall be deemed to affect the terms or conditions of any franchise, license or permit issued by the City prior to October 31, 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 Manager, 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 streets and public ways to install, maintain, construct or operate telecommunications facilities under this chapter shall not authorize the use of the streets and public ways to provide any other service; nor shall the issuance of the same invalidate any franchise, license or permit that authorizes the use of the streets and public ways for such other service; nor shall the fact that an entity holds a franchise, license or permit to make any other use of the streets and public ways or to provide any other service authorize installation, maintenance, construction or operation of telecommunications facilities in any street or public way in the City, without obtaining a license hereunder.

(E) Any license granted shall not be exclusive.

(F) A telecommunications licensee or franchisee may enter into contracts for use of the licensee’s or franchisee’s facilities within the public highways to provide telecommunications services. A political subdivision may require a telecommunications licensee or franchisee to disclose all persons with whom it contracts to use its facilities in the public highways within the political subdivision to provide telecommunications services. A political subdivision may require a person using a licensee’s or franchisee’s facilities in the public highways within the political subdivision to obtain from the political subdivision a telecommunications license or franchise if the person constructs, installs, operates or maintains telecommunications facilities within the public highways of the political subdivision. (Ord. 03-842, passed 5-12-2003)