ARTICLE 22-2
Fiber Optic Cable Communications Systems

Section

22-2-1    Fiber optic cable license required

22-2-2    License terms and conditions

22-2-3    License revocation

22-2-4    Permit application process

22-2-5    Special terms and conditions for permit and/or license approval

22-2-1 FIBER OPTIC CABLE LICENSE REQUIRED.

(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)

22-2-2 LICENSE TERMS AND CONDITIONS.

(A) The licensee shall maintain insurance of the types and amounts acceptable to the city; provide proof of insurance as required by the city; post performance bonds and security funds as required; pay any annual fees established in the license or annual fees established by Council resolution and shall agree to fully indemnify the city, its officers, agents, employees, boards and commissions, in a form satisfactory to the city and shall agree that it shall have no recourse whatsoever against the city, its officers, agents, boards, commissions or employees for any loss, costs, expense or damages arising out of any provision or requirement of the city because of the enforcement of the license or because of defects in this chapter; or the license issued or 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.

(B) The initial license term shall be for a period of five years and may be renewed for five year terms.

(C) Except as provided in the license, no transfer or change of control over the license (including but not limited to, forced or voluntary sale, merger, consolidation, receivership or any other means) shall occur unless prior application is made to the city and the city’s prior written consent is obtained, which consent will not be unreasonably withheld or delayed.

(D) Licensee shall produce books and records for the city’s inspection and copying, prepare reports, respond to questions and permit the city to have access to its facilities as the city may request in order to determine whether licensee has complied with its obligations under its license or other applicable law or regulation.

(E) The applicant shall agree to provide and maintain accurate maps of drawings showing the location of all its facilities, including all the facilities it will use in the streets, roads and rights of way within the city and to comply with such other mapping requirements that the city may establish from time to time.

(F) The applicant shall provide proof to the city that the applicant has received a certificate of public convenience and necessity from the Arizona Corporation Commission which authorizes applicant to provide telecommunications services within the city.

(G) The applicant shall agree to comply with the any requirements for using the city’s rights of way that the city may establish from time to time.

(H) In the event that there is a conflict between the provisions of this chapter and the provisions contained in a license granted by the city to an applicant, the provisions of the license shall prevail.

(Prior Code, § 22-2-2) (Ord. 2000-706, passed 11-27-2000)

22-2-3 LICENSE REVOCATION.

(A) A fiber optic license shall be subject to revocation after being given written notice by the city of the defect in performance and the licensee fails to cure the defect within 60 days of the receipt of the notice. However, if the city finds that the licensee’s performance is due to intentional misconduct, or is a violation of criminal law or part of a pattern of violations where the licensee has already had notice and an opportunity to cure, then the city may revoke the license without an additional written notice.

(B) A fiber optic license shall be subject to revocation for the following reasons:

(1) The licensee fails to comply with the terms and conditions of the license or other applicable law;

(2) The licensee fails to make the payments in the amounts and at the times specified in the license agreement or in this chapter;

(3) The licensee fails to provide current, accurate as built plans and maps showing the location of all facilities installed or constructed in the city.

(Prior Code, § 22-2-3) (Ord. 2000-706, passed 11-27-2000)

22-2-4 PERMIT APPLICATION PROCESS.

(A) Any person desiring a permit pursuant to this section shall file an application with the city’s Community Development Department on forms prescribed by the Community Development Department, together with the required application processing fee established by Council resolution.

(B) This permit shall not be construed to be a license as that term is used in the Constitution of the State of Arizona and the Goodyear City Code and is required in addition to the fiber optic license required herein.

(Prior Code, § 22-2-4) (Ord. 2000-706, passed 11-27-2000)

22-2-5 SPECIAL TERMS AND CONDITIONS FOR PERMIT AND/OR LICENSE APPROVAL.

(A) At the request of the city, the permittee may be allowed to construct conduits, ducts and associated appurtenances such as pull boxes, which will become the property of the city upon completion of construction, in lieu of payment of annual license and/or permit fees. It is intended that the fees adopted by Council resolution may be waived by the city’s Community Development Department only to the extent of equal value received by construction in kind. The city may, at its option, rent or sell to others the conduits, duct(s) and other appurtenances that are determined to be in excess of its needs.

(B) In addition to the indemnification required in the permit terms and conditions, the permittee shall agree to indemnify, defend and save the city harmless from any losses, expenses or lost revenues incurred by the permittee other than the reasonable cost of repair to the permittee’s cable and appurtenances damaged as the result of negligence by employees of the city.

(Prior Code, § 22-2-5) (Ord. 2000-706, passed 11-27-2000)