Chapter 13.68
LICENSES
Sections:
13.68.010 License to use rights-of-way to provide service outside county.
13.68.020 License application.
13.68.030 Determination by the county.
13.68.090 Construction permits.
13.68.100 Compensation to county.
13.68.110 Service to county users, license is not a franchise.
13.68.130 Renewal applications.
13.68.140 Renewal determinations.
13.68.150 Obligation to cure as a condition of renewal.
13.68.010 License to use rights-of-way to provide service outside county.
A telecommunications carrier who provides telecommunication services exclusively to persons or areas outside Jefferson County, but whose telecommunication facilities occupy Jefferson County rights-of-way shall apply for and obtain a license as set forth in this chapter. [Ord. 2-00 § 1]
13.68.020 License application.
Any person requiring a license hereunder shall apply using a form provided by the administrator. Applications shall be submitted to the administrator, who shall determine when and if the application is complete. [Ord. 2-00 § 1]
13.68.030 Determination by the county.
Within 90 days following receipt of a complete application, the board of county commissioners shall make a determination on behalf of the county 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 criteria shall apply when determining whether to grant or deny the application:
(1) The financial and technical ability of the applicant to fulfill its obligations under a license;
(2) The legal status of the applicant;
(3) The capacity of the rights-of-way to accommodate the applicant’s facilities;
(4) The capacity of the rights-of-way to accommodate additional telecommunications facilities and cable television facilities if the application is granted;
(5) The damage or disruption, if any, to public or private facilities, improvements, services, travel or landscaping if the application is granted, giving consideration to an applicant’s willingness and ability to mitigate and/or repair same;
(6) The public interest in minimizing the cost and disruption of construction within the rights-of-way;
(7) The service that applicant will provide to the region;
(8) The effect, if any, on general public health, safety and welfare in the county’s sole opinion if the application is granted;
(9) The availability of alternate routes or locations for the proposed facilities;
(10) Applicable federal, state and local laws, regulations, rules and policies;
(11) Such other factors as may demonstrate that the grant to use the rights-of-way will serve the community interest. [Ord. 2-00 § 1]
13.68.040 Agreement.
No license granted hereunder shall be effective until the applicant and the board have executed a written agreement setting forth the particular items and provisions under which the license to occupy and use rights-of-way will be granted. All licenses granted pursuant to Chapters 13.60 through 13.92 JCC 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. [Ord. 2-00 § 1]
13.68.050 Nonexclusive grant.
No license granted hereunder shall confer any exclusive right, privilege or license to occupy or use the rights-of-way for delivery of telecommunications services or any other purposes. [Ord. 2-00 § 1]
13.68.060 Use granted.
(1) No license granted hereunder shall convey any right, title or interest in rights-of-way but shall be deemed a license only to use and occupy the rights-of-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 rights-of-way.
(3) No license granted hereunder shall be construed as any warranty of title. [Ord. 2-00 § 1]
13.68.070 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. 2-00 § 1]
13.68.080 License route.
A license granted hereunder shall be limited to a grant of specific rights-of-way and defined portions thereof, as may be indicated in the license agreement. [Ord. 2-00 § 1]
13.68.090 Construction permits.
All licensees are required to obtain construction permits and pay all fees as required by the county; provided, however, that nothing in Chapters 13.60 through 13.92 JCC shall prohibit the county and a licensee from agreeing to alternative plan review, permit and construction procedures in a license agreement; and further provided, that such alternative procedures provide substantially equivalent safeguards for reasonable construction practices. [Ord. 2-00 § 1]
13.68.100 Compensation to county.
Each license granted hereunder is subject to the county’s right, to the extent permitted by law, to fix a fair and reasonable compensation to be paid for use of property pursuant to the license, provided nothing in Chapters 13.60 through 13.92 JCC shall prohibit the county and a licensee from agreeing upon the compensation to be paid. In the absence of such an agreement, such compensation shall be in an amount established by the board. [Ord. 2-00 § 1]
13.68.110 Service to county users, license is not a franchise.
A licensee may be permitted to offer or provide telecommunications or cable services to persons or areas within the county only after submitting an application for franchise approval and upon obtaining a franchise pursuant to Chapters 13.60 through 13.92 JCC. [Ord. 2-00 § 1]
13.68.120 Amendment of grant.
(1) The licensee shall apply for an amendment to an existing license when the licensee desires to extend or locate its telecommunications facilities in rights-of-way which are not included in its existing license or when it provides services beyond those authorized in the license.
(2) The county shall grant a license amendment without further application, if the county directs a licensee to locate or relocate its telecommunications facilities in rights-of-way not included in an existing license. [Ord. 2-00 § 1]
13.68.130 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 for renewal of its license, and shall include the following information:
(1) The information required pursuant to the original license application as set forth in JCC 13.68.020;
(2) Any other information required by the administrator. [Ord. 2-00 § 1]
13.68.140 Renewal determinations.
Within 120 days after receiving a complete renewal application hereunder, the board shall make a determination on behalf of the county 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 criteria identified in JCC 13.68.030 shall apply when determining whether to grant or deny the application. The board may further consider the applicant’s history of compliance with the requirements of Chapters 13.60 through 13.92 JCC and the license agreement. [Ord. 2-00 § 1]
13.68.150 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 Chapters 13.60 through 13.92 JCC, 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 administrator. Failure to comply with the terms of an approved plan shall be grounds for nonrenewal or revocation of the license. [Ord. 2-00 § 1]