Chapter 20.04
FRANCHISE
Sections
20.04.020 Franchise application.
20.04.030 Determination by the city.
20.04.080 Franchise territory.
20.04.090 Construction permits.
20.04.100 Compensation to city.
20.04.110 Amendment of franchise.
20.04.120 Renewal applications.
20.04.130 Renewal determinations.
20.04.140 Obligation to cure as a condition of renewal.
20.04.010 Franchise.
A franchise shall be required of any telecommunications carrier who desires to occupy public ways and to provide telecommunications services to any person or area in the city. [Ord. 1316 § 29, 2003.]
20.04.020 Franchise application.
Any person that desires a franchise hereunder shall file an application provided by the city manager or designee. [Ord. 1316 § 30, 2003.]
20.04.030 Determination by the city.
Within 120 days after receiving a complete application hereunder, the city shall grant or deny the franchise application. The city manager shall make an initial recommendation to the city council to grant or deny the application in whole or in part. The city council will consider the franchise application following receipt of the city manager’s recommendation. If the application is denied, the determination shall include the reasons for denial. The standards enumerated in DMMC 20.03.030 shall apply when determining to grant or deny the application. [Ord. 1316 § 31, 2003.]
20.04.040 Agreement.
No franchise shall be granted hereunder unless the applicant and the city have executed a written agreement setting forth the particular terms and provisions under which the franchise to occupy and use public ways will be granted and said agreement has been recorded pursuant to Washington law. All franchises granted pursuant to this title shall contain substantially similar terms and conditions which, taken as a whole and considering relevant characteristics of the applicants, do not provide more or less favorable terms and conditions than those required of other franchisees. [Ord. 1316 § 32, 2003.]
20.04.050 Nonexclusive grant.
No franchise granted hereunder shall confer any exclusive right, privilege or franchise to occupy or use the public ways for delivery of telecommunications services or any other purposes. [Ord. 1316 § 33, 2003.]
20.04.060 Rights granted.
(1) No franchise granted hereunder shall convey any right, title or interest in the public ways but shall be deemed a franchise only to use and occupy the public ways for the limited purposes and term stated in the grant.
(2) No franchise granted hereunder shall authorize or excuse a franchisee from securing such further easements, leases, permits or other approvals as may be required by private parties or other governmental entities to lawfully occupy and use public ways.
(3) No franchise granted hereunder shall be construed as any warranty of title. [Ord. 1316 § 34, 2003.]
20.04.070 Term of grant.
Unless otherwise specified in a franchise agreement, a telecommunications franchise granted hereunder shall be valid for a term of not more than 10 years. [Ord. 1316 § 35, 2003.]
20.04.080 Franchise territory.
A telecommunications franchise granted hereunder shall be limited to the specific geographic area of the city to be served by the franchisee, and the specific public ways and portions thereof, as may be identified in the franchise agreement. [Ord. 1316 § 36, 2003.]
20.04.090 Construction permits.
All franchisees are required to obtain permits and pay all fees for telecommunications facilities as required by Title 14 DMMC; provided, however, that nothing in this title shall prohibit the city and a franchisee from agreeing to alternative plan review, permit and construction procedures in a franchise agreement, provided such alternative procedures provide substantially equivalent safeguards for responsible construction practices. [Ord. 1316 § 37, 2003.]
20.04.100 Compensation to city.
Each franchise granted hereunder is subject to the city’s right, which is expressly reserved, to annually fix a fair and reasonable fee as reimbursement for the city’s administrative costs in connection with managing the rights-of-way; provided nothing in this title shall prohibit the city and a franchisee from agreeing upon the compensation to be paid. [Ord. 1316 § 38, 2003.]
20.04.110 Amendment of franchise.
(1) A new franchise application shall be required of any telecommunications carrier that desires to extend its franchise territory or to locate its telecommunications facilities in public ways which are not included in a franchise 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 franchise, the city shall grant a franchise amendment without further application. [Ord. 1316 § 39, 2003.]
20.04.120 Renewal applications.
A franchisee that desires to renew its franchise hereunder shall, not more than 180 days nor less than 90 days before expiration of the current franchise, file an application with the city for renewal of its franchise. Such renewal application shall include the information required pursuant to the franchise application as detailed in DMMC 20.03.030. [Ord. 1316 § 40, 2003.]
20.04.130 Renewal determinations.
Within 60 days after receiving a complete application hereunder, the city manager or designee shall make a recommendation to the city council to grant or deny the renewal application in whole or in part. If the renewal application is denied by the city council, 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 franchise agreement. [Ord. 1316 § 41, 2003.]
20.04.140 Obligation to cure as a condition of renewal.
No franchise shall be renewed until any ongoing violations or defaults in the franchisee’s obligations under the franchise 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 franchisee has been approved by the city. [Ord. 1316 § 42, 2003.]