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Article 13-4 Authority to Grant License, License Required, Nonexclusive License

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A. Pursuant to A.R.S. §9-1401 et seq., as amended, the Council has the authority to issue nonexclusive licenses to construct, install, maintain and operate cable communication systems within the Town, and to regulate those cable operations. The Council’s authority is also based in common law pursuant to the Town’s ownership of the fee simple title to the streets of the Town as well as its legal interest in easements and licenses granted to it by property owners for the purposes of municipal use.

B. No provision of this chapter shall be deemed or construed to require the granting of a license.

C. No person shall construct, install or maintain a cable system within any street in the Town, or within any other public property of the Town, unless a license agreement authorizing such use of said streets or property is in full force and effect.

D. Any person providing or maintaining a cable system in the Town pursuant to a license granted by Maricopa County, Arizona, prior to the incorporation of the Town, may continue to provide or maintain such system until such time as the Town has granted its first license. If the person providing or maintaining a system does not receive one of the first Town licenses, then the person shall have one hundred twenty (120) days from the effective date of the first licenses to provide for the abandonment or removal of the system.

E. Any license issued by the Council shall be nonexclusive, and the Council specifically reserves the right to grant such additional licenses for cable systems as the Council deems appropriate. (19-18, Amended, 12/03/2019)