5.20.040 Application and issuance.
A. Prior to the commencement of any construction or expansion of a video service network or the provision of any video service, a video service provider shall file with the city clerk an application and an affidavit in a form provided by the city clerk. The application shall include the following:
1. The name of the video service provider, its type of entity and its jurisdiction of formation.
2. The address and telephone number of the video service provider’s principal place of business.
3. The name and address of the video service provider’s principal executive officers or general partners and any persons authorized to represent the video service provider before the local government.
4. If the video service provider is not an incumbent cable operator, the date on which the provider expects to provide video services in the area identified under subsection (A)(5) of this section.
5. An exact description of the service area to be served, as identified by a geographic information system digital boundary that meets or exceeds national map accuracy standards.
6. A requirement that the video service provider pay the license fees required under this chapter and all other lawful fees and charges imposed by the city.
7. A requirement that the video service provider file in a timely manner with the Federal Communications Commission all forms required by that agency before offering video service in the service area, including the forms required by 47 C.F.R. Section 76.1801.
8. A requirement that the video service provider agrees to comply with and be subject to all valid and enforceable federal and state laws.
9. A requirement that the video service provider agrees to comply with all generally applicable, nondiscriminatory city laws, including highway use, mapping, insurance, performance bonds, security fund, indemnification or similar requirements that apply to the use and occupation of any highway and that conform to A.R.S. Title 9, Chapter 13.
10. A requirement that the video service provider comply with the public, education and government programming requirements of A.R.S. Title 9, Chapter 13.
11. A requirement that the video service provider comply with all customer service rules of the Federal Communications Commission under 47 C.F.R. Section 76.309(c) applicable to cable operators.
12. A requirement that the video service provider comply with the consumer privacy requirements of 47 U.S.C. Section 551 applicable to cable operators.
13. A grant of authority by the city to provide video service in the service area as described under subsection (A)(5) of this section.
14. A grant of authority by city to use and occupy the highways in the delivery of the video service, subject to the laws of this state and the police powers of the city.
15. The term of the uniform video service license.
16. A requirement that the parties to the agreement are subject to and must comply with A.R.S. Title 9, Chapter 13.
C. The application shall be accompanied by an affidavit signed by one of the principal executive officers or general partners of the applicant that the information set forth in the application is true and accurate.
D. The application and affidavit shall be submitted to the city clerk, who shall forward the application and affidavit to the city engineer for review.
E. If the city engineer determines that the application and affidavit are incomplete or otherwise deficient, written notice shall be given to the applicant not later than 15 days after the date of filing of the application and affidavit. The written notice shall:
1. Explain the incompleteness or deficiency in detail.
2. Specify the information or other items that are necessary for proper completion of the application and affidavit.
F. The uniform video services license shall be issued within 30 days from the date a complete application was filed with the city clerk. The term of a uniform video services license shall not exceed ten years.
G. If written notice of an incomplete or deficient application and affidavit is not given within 15 days after the date of filing, or if the uniform video services license is not issued within 30 days from the date a complete application has been submitted, application and affidavit shall be deemed complete and issued to the applicant.
H. No fees shall be charged for filing or processing an application, affidavit, notice or other document related to the issuance of the uniform video services license.
I. Amendments to a uniform video services license to add service areas shall be processed in the same manner as the original uniform video services licenses.
J. The term of a uniform video services license may be extended by the holder of a video service provider filing with the city clerk a notice to extend the term for a specified period not to exceed 10 years. The notice shall be filed at least one month before the end of the term of the uniform video services license.
K. A uniform video services license does not authorize the use of or attachment by a video service provider to a utility or other pole owned by the city or other person. Any such use or attachment must first be approved in a separate contract with the city. [Ord. 19-14 § 1; Res. 19-59; Code 2004 § 20-4.]