(A) No person shall place, install, construct, operate or maintain any fiber optic equipment, facilities or system for fiber optic communication services, any interstate services or communication, conduction or transmission facilities excluded from the definition of telecommunications and telecommunications services as defined in A.R.S. § 9-581 in, upon or under the surface of any highway, public place, street or right of way, unless a fiber optic cable license has been obtained in accordance with the provisions of this chapter. In addition to obtaining the fiber optic cable license as provided herein, any person desiring to place, install, construct, operate or maintain such facilities in, upon or under any highway must also obtain a permit from the City’s Community Development Department.

(B) A fiber optic cable license pursuant to this chapter shall not authorize the use of the highways to provide any other service, nor shall the issuance of same invalidate any franchise, license or permit that authorizes the use of the highways for such other services; nor shall the fact that a person holds a franchise, license or permit to make any other use of the highway or to provide or operate any other service, authorize installation, maintenance, construction or operation of fiber optic cable, interstate services or other facilities required to be licensed by this section in any highway in the City or permit such licensee to provide fiber optic cable services by means of such facilities without obtaining a fiber optic cable license hereunder.

(C) Any license granted pursuant to this section shall not be exclusive.

(D) A person desiring a fiber optic cable license shall file an application with the City’s Community Development Department on forms prescribed by the Department, together with the nonrefundable application processing fee established by Council resolution. (Prior Code, § 22-2-1) (Ord. 2000-706, passed 11-27-2000)