Arizona Laws 9-1415. Authority granted by uniform video service license; conditions and limitations prohibited; providing video service
A. Within the time frame that the local government has in place pursuant to section 9-835, but not later than forty-five days after the date an applicant files a completed application and affidavit pursuant to section 9-1414, the local government shall issue a uniform video service license to the applicant in the form prescribed by section 9-1411. If the local government does not notify the applicant about the completeness of the uniform video service license agreement within the time period prescribed by section 9-1414, subsection D or issue the agreement within the time period required under this subsection, the agreement shall be considered complete and issued to the applicant in the form submitted.
Terms Used In Arizona Laws 9-1415
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Agreement: means any agreement or contract. See Arizona Laws 9-1401
- Holder: means a video service provider that has been issued a uniform video service license pursuant to this chapter. See Arizona Laws 9-1401
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Incumbent cable operator: means a cable operator or other video service provider that on December 31, 2019 is providing video service in this state pursuant to a local license. See Arizona Laws 9-1401
- License: means a franchise as defined in 47 United States Code § 522. See Arizona Laws 9-1401
- Local government: means any city, including a charter city, or town. See Arizona Laws 9-1401
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Service area: means that part of the boundaries of a local government within which a video service provider is authorized to provide video service pursuant to a uniform video service license or a local license. See Arizona Laws 9-1401
- Uniform video service license: means a license that is issued by a local government in the form of a uniform video service license agreement as adopted pursuant to section 9-1411. See Arizona Laws 9-1401
B. The uniform video service license issued to an applicant, including an incumbent cable operator, by a local government is a nonexclusive license granting to the holder of the uniform video service license the authority for the term requested in the application to do all of the following:
1. Provide video service in all service areas designated in the application and affidavit filed with the local government.
2. Construct and operate a video service network in the highways in each service area in compliance with this chapter and all local laws that conform to this chapter and the purposes and objectives of this chapter.
C. A local government may not condition or limit a uniform video service license by imposing any obligation or requirement that is not authorized by this chapter, including any of the following:
1. Any office location, institutional network or other build-out, line extension, investment or other requirements relating to the overall scope, extent and timing of infrastructure, facilities or deployment of equipment.
2. Any requirements to pay to any person any application, document, license, service or other fee, tax, charge or assessment that is not authorized by this chapter.
D. A holder of a uniform video service license shall provide video service in accordance with the certifications made by the holder in each application and affidavit that the holder files with a local government pursuant to this article.