§ 22-1-4 License application.
(A) A telecommunications corporation desiring a license to construct, install, operate and maintain telecommunication facilities in streets and public ways of the City shall file an application with the City Manager requesting a license in the form prescribed by the City, and shall pay a fee in the amount of $2,500, as may be adjusted from time to time. The amount of the fee is reasonably related to the cost directly incurred by the City to review and process the application.
(B) At the discretion of the City Manager, an application for a telecommunications license may be processed simultaneously with the same applicant’s application for a permit to install the applicant’s telecommunication system facilities.
(C) Each application for a license shall include a description of the types of services that will be offered and the benefits that these services will bring to the community, and the following information:
(1) The names, addresses, and telephone numbers of the applicant, including those for responsible parties during application, construction and implementation process. This includes a 24 hour emergency telephone contact;
(2) A copy of the applicant’s valid Certificate of Public Convenience and Necessity which has been issued by the Arizona Corporation Commission; except that this requirement shall not apply to a telecommunication corporation that provides solely interstate telecommunications within the state as demonstrated to the City’s satisfaction;
(3) Three references from current or previous licensors to demonstrate that minimal professional standards have been met.
(4) Any other details, statements, information or references, pertinent to the subject matter of such application which shall be required or requested by the City Manager and/or City Council, or by any other provision of law.
(D) As a condition of issuing or renewing a license to use the streets and public ways to construct, install, operate and maintain telecommunication facilities, the City may require that:
(1) The applicant shows that it has received a Certificate of Public Convenience and Necessity from the Arizona Corporation Commission;
(2) The applicant agrees to comply with the streets and public ways use requirements that the City may establish from time to time;
(3) The applicant agrees to provide and maintain accurate maps showing the location of all the facilities it will use in the streets and public ways within the City, and to comply with the other mapping requirements as the City may establish from time to time;
(4) The applicant obtains the insurance, and provide proof of insurance as required by the City; posts the performance bonds and security fund required by the City; agrees to fully indemnify the City, its officers, agents, boards and commissions, in a form satisfactory to the City; and agrees that it 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;
(5) The applicant agrees to comply with and be bound by the administrative and enforcement provisions as may be prescribed from time to time by the City 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) may be charged by the City pursuant to this section. The City may retain outside experts to assist in the review and processing of telecommunications license applications and all costs for such experts in excess of the application processing fee shall be disclosed to the applicant and recovered by the City through mutual agreement. (Ord. 03-842, passed 5-12-2003)