Chapter 20.03
LICENSE
Sections
20.03.020 License application.
20.03.030 Determination by the city.
20.03.090 Construction permits.
20.03.100 Compensation to city.
20.03.110 Amendment of license.
20.03.120 Renewal applications.
20.03.130 Renewal determinations.
20.03.140 Obligation to cure as a condition of renewal.
20.03.010 License.
A license shall be required of any telecommunications carrier who desires to occupy any public way for the purpose of providing telecommunications services to persons or areas outside the city. [Ord. 1316 § 15, 2003.]
20.03.020 License application.
Any person that desires a license hereunder shall file an application provided by the city manager or designee. [Ord. 1316 § 16, 2003.]
20.03.030 Determination by the city.
Within 120 days after receiving a complete application hereunder, the city manager or designee shall make a determination on behalf of the city granting or denying the application in whole or in part. If the application is denied, the determination shall include the reasons for denial. The following standards shall apply when determining to grant or deny the application:
(1) Financial assurances by the applicant sufficient to cover costs or damage to the rights-of-way. Such assurances are to be submitted in a form approved by the city, including but not limited to bonds and insurance sufficient to cover any risk of damage caused by or in connection with installation and maintenance of facilities on the rights-of-way, as detailed in DMMC 20.06.160 through 20.06.210.
(2) The legal qualification of the applicant to do business in Washington.
(3) The capacity of the public way to accommodate the applicant’s facilities at the sites proposed by the applicant.
(4) The applicant’s agreement to mitigate and/or repair the damage or disruption, if any, of public or private facilities, improvements, service, travel or landscaping if the application is granted.
(5) The applicant’s agreement to mitigate the effect, if any, on general public health, safety and welfare if the application is granted.
(6) The availability of alternate routes or locations for the proposed facilities.
(7) Applicable federal, state and local laws, regulations, rules and policies. [Ord. 1316 § 17, 2003.]
20.03.040 Agreement.
No license granted hereunder shall be effective until the applicant and the city have executed a written agreement setting forth the particular items and provision terms under which the license to occupy and use public ways will be granted and said agreement is properly recorded pursuant to Washington law. All licenses granted pursuant to this title shall contain substantially similar terms which, taken as a whole and considering relevant characteristics of applicants, do not provide more or less favorable terms and conditions than those required of other licensees or public way permit holders. [Ord. 1316 § 18, 2003.]
20.03.050 Nonexclusive grant.
No license granted hereunder shall confer any exclusive right, privilege or license to occupy or use the public way for delivery of telecommunications services or any other purposes. [Ord. 1316 § 19, 2003.]
20.03.060 Rights granted.
(1) No license granted hereunder shall convey any right, claim or interest in public ways but shall be deemed a license only to use and occupy the public way for the limited purposes and term stated in the grant.
(2) No license granted hereunder shall authorize or excuse a licensee from securing such further easements, leases, permits or other approvals as may be required to lawfully occupy and use public ways.
(3) No license granted hereunder shall be construed as any warranty of title. [Ord. 1316 § 20, 2003.]
20.03.070 Term of grant.
Unless otherwise specified in a license agreement, a license granted hereunder shall be in effect for a term of not more than five years. [Ord. 1316 § 21, 2003.]
20.03.080 License route.
A license granted hereunder shall be limited to a grant of specific public ways and defined portions thereof, as may be indicated in the license agreement. [Ord. 1316 § 22, 2003.]
20.03.090 Construction permits.
All licensees are required to obtain construction permits, such as those required by Title 14 DMMC, and pay all fees as required by the city; provided, however, that nothing in this title shall prohibit the city and a licensee from agreeing to alternative plan review, permit and construction procedures in a license agreement, provided such alternative procedures provide substantially equivalent safeguards for reasonable construction practices. [Ord. 1316 § 23, 2003.]
20.03.100 Compensation to city.
Each license granted hereunder is subject to the city’s right, which is expressly reserved, to annually fix a fair and reasonable fee for the city’s administrative costs in connection with inspecting and supervising the use and occupancy of the rights-of-way on behalf of the public and existing or future users, provided nothing in this title shall prohibit the city and a licensee from agreeing upon the compensation to be paid.
All grantees shall, within 30 days after written demand, reimburse the city for all direct and indirect costs and expenses incurred by the city in connection with any modification, amendment, renewal or transfer of the authorization or any authorization agreement. In addition, all grantees shall, within 30 days after written demand, reimburse the city for any and all costs the city reasonably incurs in response to any emergency involving the grantee’s telecommunications facilities. All grantees shall, within 30 days after written demand, reimburse this city for the grantee’s proportionate share of all actual, identified expenses incurred by the city in planning, constructing, installing, repairing or altering any city facility as a result of the construction or the presence in the public ways of the grantee’s telecommunications facilities. [Ord. 1316 § 24, 2003.]
20.03.110 Amendment of license.
(1) A new license application shall be required of any telecommunications carrier that desires to extend or locate its telecommunications facilities in public ways which are not included in a license previously granted hereunder.
(2) If ordered by the city to locate or relocate its telecommunications facilities in public ways not included in a previously granted license, the city shall grant a license amendment without further application. [Ord. 1316 § 25, 2003.]
20.03.120 Renewal applications.
A licensee that desires to renew its license hereunder shall, not more than 180 days nor less than 90 days before expiration of the current license, file an application with the city for renewal of its license which shall include the information required pursuant to the license application. [Ord. 1316 § 26, 2003.]
20.03.130 Renewal determinations.
Within 90 days after receiving a complete application hereunder, the city manager or designee shall make a determination on behalf of the city granting or denying the renewal application in whole or in part. If the renewal application is denied, the determination shall include the reasons for nonrenewal. The standards enumerated in DMMC 20.03.030 shall apply when determining to grant or deny the application, plus a determination of the applicant’s compliance with the requirements of this title and the license agreement. [Ord. 1316 § 27, 2003.]
20.03.140 Obligation to cure as a condition of renewal.
No license shall be renewed until any ongoing violations or defaults in the licensee’s performance of the license agreement, of the requirements of this title, and all applicable laws, statutes, codes, ordinances, rules and regulations have been cured, or a plan detailing the corrective action to be taken by the licensee has been approved by the city manager or designee. [Ord. 1316 § 28, 2003.]