Chapter 13.72
TELECOMMUNICATIONS FRANCHISES
Sections:
13.72.020 Franchise application.
13.72.030 Determination by the county.
13.72.080 Franchise territory.
13.72.090 Construction permits.
13.72.100 Compensation to county.
13.72.120 Service to the county.
13.72.140 Renewal applications.
13.72.150 Renewal determinations.
13.72.160 Obligation to cure as a condition of renewal.
13.72.010 Franchise.
To the extent permitted by law, a telecommunications franchise shall be required of any telecommunications carrier who currently occupies or desires in the future to occupy rights-of-way and to provide telecommunications services to any person or area in the county. [Ord. 2-00 § 1]
13.72.020 Franchise application.
Any person requiring a franchise shall file the standard application provided by the administrator. The administrator shall determine when and if the application is complete. [Ord. 2-00 § 1]
13.72.030 Determination by the county.
Within 120 days following receipt of a complete application, the board of county commissioners shall make a determination granting, denying, or requesting additional substantive information. If the application is denied, in whole or in part, the determination shall include the reasons for denial. The criteria identified below 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 franchise;
(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 county;
(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]
13.72.040 Agreement.
No franchise shall be granted hereunder unless the applicant and the board have executed a written agreement setting forth the particular terms and provisions under which the franchise to occupy and use rights-of-way will be granted. All franchises granted pursuant to Chapters 13.60 through 13.92 JCC 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. 2-00 § 1]
13.72.050 Nonexclusive grant.
No franchise granted hereunder shall confer any exclusive right, privilege or franchise to occupy or use the rights-of-way for delivery of telecommunications services or any other purposes. [Ord. 2-00 § 1]
13.72.060 Use granted.
(1) No franchise granted hereunder shall convey any right, title or interest in the rights-of-way but shall be deemed a franchise only to use and occupy the rights-of-way 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 to lawfully occupy and use rights-of-way.
(3) No franchise granted hereunder shall be construed as any warranty of title. [Ord. 2-00 § 1]
13.72.070 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. 2-00 § 1]
13.72.080 Franchise territory.
A telecommunications franchise granted hereunder may be limited to the specific geographic area of the county to be served by the franchisee, and the specific rights-of-way and portions thereof, as may be identified in the franchise agreement. [Ord. 2-00 § 1]
13.72.090 Construction permits.
All franchisees are required to obtain permits and pay all fees for telecommunications facilities and cable television facilities as required by the county, provided, however, that nothing in Chapters 13.60 through 13.92 JCC shall prohibit the county and a franchisee from agreeing to alternative plan review, permit and construction procedures in a franchise agreement; and further provided, that such alternative procedures provide substantially equivalent safeguards for reasonable construction practices. [Ord. 2-00 § 1]
13.72.100 Compensation to county.
Each franchise 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 a franchise, provided nothing in Chapters 13.60 through 13.92 JCC shall prohibit the county and a franchisee 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]
13.72.110 Nondiscrimination.
A franchisee shall, without discrimination and as permitted by law as to the terms, conditions, rates or charges for franchisee’s services, make its telecommunications services available to any customer within its franchise area who shall request such service; provided, however, that nothing in Chapters 13.60 through 13.92 JCC shall prohibit a franchisee from making any reasonable classifications among differently situated customers. [Ord. 2-00 § 1]
13.72.120 Service to the county.
A franchisee shall make its telecommunications services available to the county government and agencies at its most favorable rate for similarly situated users. [Ord. 2-00 § 1]
13.72.130 Amendment of grant.
(1) A new franchise application and grant shall be required of any telecommunications carrier that desires to extend its franchise territory or to locate its telecommunications facilities in rights-of-way which are not included in an existing franchise.
(2) If ordered by the county to locate or relocate its telecommunications facilities in rights-of-way not included in an existing franchise, the county shall grant a franchise amendment without further application. [Ord. 2-00 § 1]
13.72.140 Renewal applications.
A franchisee that desires to renew its franchise hereunder shall, not less than 180 days before expiration of the current franchise, file an application with the county for renewal of its franchise, and shall include the following information:
(1) The information required pursuant to the original franchise application;
(2) Any other information required by the administrator. The administrator shall determine when and if the application is complete. [Ord. 2-00 § 1]
13.72.150 Renewal determinations.
Within 120 days after receiving a complete renewal application, 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 enumerated in JCC 13.72.030 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 franchise agreement. [Ord. 2-00 § 1]
13.72.160 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, 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 franchisee has been approved by the administrator. Failure to comply with the terms of an approved plan shall be grounds for nonrenewal or immediate revocation of the franchise. [Ord. 2-00 § 1]