Sec. 5C-4. Licenses required; unauthorized use prohibited.
A. No provider may install, maintain, construct, or operate wireless facilities in local public right-of-way, or provide services by means of such wireless facilities, unless a provider first obtains and maintains in good standing at all applicable times all of the following:
1. A license for cable services as provided by Title 9, Chapter 5, Article 7, Arizona Revised Statutes, and Code Chapter 5, or a license for telecommunications services as provided by Title 9, Chapter 5, Article 1.1, Arizona Revised Statutes, and Code Chapter 5B, for facilities located in local public right-of-way that connect the provider’s small wireless facilities to provider’s interstate network; and
2. A master license agreement for small wireless facilities as provided by Title 9, Chapter 5, Article 8, Arizona Revised Statutes, and this chapter for use of the right-of-way within the boundaries described and attached to such master license, and subject to provider’s timely payment of an application fee and annual local public right-of-way use rate consistent with State law and as determined by the City Manager. The master license agreement for each provider must be approved by Council ordinance under the terms and conditions generally set forth in this chapter; and
3. One of the following site license agreements associated with provider’s master license agreement for each of provider’s installation of small wireless facilities located in local public right-of-way: (a) site license agreement to attach wireless facilities to City owned infrastructure; or (b) site license agreement to attach facilities to infrastructure owned by third parties; or (c) site license agreement to attach facilities to infrastructure owned by the provider. Each site license agreement must be approved and issued by the City Manager, or City Manager’s designee, describe the specific location of the facilities, incorporate by reference the master license terms and conditions, describe and set forth any special conditions applicable to the particular site installation, and is subject to provider’s timely payment of application fees, safety review fees, and local public right-of-way use rates consistent with State law and as determined by the City Manager.
B. This chapter does not apply to and does not affect any rights, interests, or privileges held by providers and the City under existing small wireless facilities licenses and all existing small wireless facilities licenses remain fully enforceable in accordance with their terms and conditions. The City Manager, or designee, may enter agreements with provider, and may modify existing small wireless facilities licenses. Alternately, the existing small wireless facilities licenses may continue under existing terms and conditions, or be terminated per the license termination provisions.
C. If the City and a provider may agree to modify existing small wireless facilities licenses, as follows:
1. For existing small wireless facilities installations with site license agreements executed by the City after August 9, 2017, but prior to February 9, 2018, existing terms and conditions will remain in effect for three years from the effective date of this chapter. After which, the parties may agree to modify the terms and conditions of existing small wireless facilities licenses to those consistent with this chapter; or
2. For existing small wireless facilities installations with site license agreements executed by the City prior to August 9, 2017, existing terms and conditions will remain in effect for five years from the effective date of this chapter. After which, the parties may agree to modify the terms and conditions of existing small wireless facilities licenses to those consistent with this chapter.
D. A license issued to any provider under this chapter does not authorize the use of local public right-of-way by any other person, or authorize the provider to furnish any other service. A license issued to any provider under this chapter does not invalidate any franchise, license, or permit issued to the provider that authorizes the use of the local public right-of-way for such other services; nor shall the fact that a provider holds another franchise, license, or permit for other use of the local public right-of-way, or to provide any other service, authorize the installation, maintenance, construction, or operation of small wireless facilities in any local public right-of-way, or authorize such provider to furnish wireless services by other means without first obtaining a license(s) as provided in this chapter.
E. Any license issued under this chapter must not be exclusive.
F. Unauthorized use of facilities prohibited.
1. No person may knowingly affix, install, place, or attach a small wireless facility or any other facility to City owned infrastructure or City managed local public right-of-way or other property of the City without a site license. Any small wireless facility or any other facility without a site license must be removed on the City’s demand.
2. No person may use a small wireless facility or any other facility on City owned infrastructure or City managed local public right-of-way or other property of the City to provide a service not authorized by a City franchise, permit, license, or other authority.
3. Each unauthorized facility or use is a separate offense. Each day a violation of this chapter continues is a separate offense and may be enforced as provided in Section 5C-20. (Ord. No. G-6407, 2018)