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Article 13-7 License Agreement

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A. Upon submission of a completed application, the applicant and the Town shall execute a license agreement within forty-five (45) days.

B. A license agreement shall have the following characteristics:

1. It authorizes use of the public rights-of-way for installing cables, wires, lines and other facilities to operate a cable system, but does not expressly or implicitly authorize the licensee to provide service to, or install cable, wires, lines or any other equipment or facilities upon property without owner consent (except for compatible easements or rights-of-way pursuant to 47 U.S.C. Section 541(a)(2)), or to use publicly or privately owned utility poles or conduits without a separate agreement with the owners. It also authorizes the licensee so to use, operate and provide similar facilities or properties rented, licensed or leased from other persons, firms or corporations, including but not limited to any public utility or other licensee licensed or permitted to do business in the Town; provided, however, that neither the licensee nor the third party shall be relieved of any regulation or obligations as to its use of such facilities in the streets.

2. It is subject to the paramount right of use of the public rights-of-way by the Council and the public for public purposes. The Council reserves the right to authorize use of public rights-of-way to other persons as it determines appropriate.

3. It is nonexclusive and will not expressly or implicitly preclude the issuance of other licenses to operate cable systems within the Town.

4. It conveys no property right to the licensee or right to renewal other than as may be required by state or federal law.

5. It constitutes a contract between the licensee and the Council once it is approved by the Council and executed by both parties. A licensee contractually commits itself to comply with the terms, conditions and provisions of the license agreement and with all applicable laws, ordinances, codes, rules, regulations and orders.

6. The term of the license agreement shall not exceed ten (10) years commencing on its effective date.

7. A licensee shall execute a hold harmless agreement as part of the license agreement which shall set forth the obligation of the licensee over and above the insurance requirements contained in the license and this chapter.

8. A licensee shall be subject to all laws, rules and regulations of the State of Arizona and the United States Government.

9. Any of the provisions of this chapter may be amended by the Council at any time. This chapter and such amended provisions shall be applicable to all license agreements executed after June 18, 2019.

10. All notices and communications from a licensee to the Council pursuant to this chapter or a license agreement shall be sent to the Town Manager unless the licensee is otherwise directed.

11. Insofar as it is not inconsistent with or otherwise preempted by federal or state regulations, the license agreement shall grant the right and privilege to the licensee to provide noncable communications services. Insofar as it is not inconsistent with or otherwise preempted by federal or state regulations, the Council shall retain all authority to regulate noncable telecommunication services to the extent necessary to protect the public interest and to ensure compliance with all provisions of this chapter. (19-18, Amended, 12/03/2019)