Chapter 6.15
FRANCHISE APPLICATIONS FOR USE OF RIGHT-OF-WAY
Sections:
6.15.010 Purpose.
6.15.020 Conflicting provisions.
6.15.030 Definitions.
6.15.040 Applications – Process.
6.15.050 Applications – Contents.
6.15.060 Applicant representatives.
6.15.070 Administrative application review fee.
6.15.080 Completeness.
6.15.090 Obligation to cure as a condition of renewal.
6.15.100 Public comment.
6.15.110 Subject to authority.
6.15.130 Enforcement.
6.15.010 Purpose.
This chapter establishes application requirements for a franchise or limited license agreement for the use of the public right-of-way, an initial review fee and requirements for determining the completeness of applications for a franchise. This chapter does not apply to the operation of cable systems and cable operators and their use of city right-of-way. In addition, this chapter does not apply to the use of city right-of-way by special purpose water, sewer or combination water-sewer districts.
(Ord. No. 4304, § 1, 1-15-19)
6.15.020 Conflicting provisions.
In the event of a conflict between the provisions of this chapter, the terms of any issued franchise, limited license agreement, or any federal law or federal regulation, it is intended that the stricter standard shall apply unless the context clearly evidences a contrary intent, or unless the city is preempted on the issue by applicable law. Should any franchise, limited license agreement or other applicable law be silent on the issue of conflict, this section shall control.
(Ord. No. 4304, § 1, 1-15-19)
6.15.030 Definitions.
The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Director means the city of Kent economic and community development director, or his or her designee.
Franchise refers to the authorization granted by the city to a utility or other service provider for the nonexclusive right to occupy city rights-of-way to provide service within a designated franchise area. A franchise shall be authorized by ordinance and must be accepted by the franchisee to become effective. A franchise shall not include or be a substitute for:
1. Any other permit or authorization required for the privilege of transacting and carrying on business within the city, including without limitation a business license; or
2. Any permit, agreement, or authorization required in connection with operations on or in public streets or property, including without limitation a street cut permit, a street use permit, or other construction permit or approval; or
3. Any permits or agreements for occupying any other property in the city for which access is not specifically granted by the franchise, including without limitation permits and agreements for placing devices on or in poles, conduits, other structures, or railroad easements, whether owned by the city or any other public or private entity, or for providing any service.
Franchise area means the geographical area of the city that a franchisee is authorized to serve by the terms of its franchise or by operation of law.
Limited license agreement means the authorization granted by the city to a utility or other service provider for the nonexclusive right to occupy specified city rights-of-way. A limited license agreement shall not grant the authority to use or occupy rights-of-way within the entire city. A limited license agreement shall not include or be a substitute for:
1. Any other permit or authorization required for the privilege of transacting and carrying on business within the city, including without limitation a business license; or
2. Any permit, agreement, or authorization required in connection with operations on or in public streets or property, including without limitation a street cut permit, a street use permit, or other construction permit or approval; or
3. Any permits or agreements for occupying any other property in the city for which access is not specifically granted by the limited license agreement, including without limitation permits and agreements for placing devices on or in poles, conduits, other structures, or railroad easements, whether owned by the city or any other public or private entity, or for providing any service.
Rights-of-way (singular right-of-way) as used in this chapter means the surface of, and the space above and below, any public street, highway, freeway, bridge, land path, alley, court, boulevard, sidewalk, way, lane, public way, drive, circle, pathway, space, or other public right-of-way, and over which the city has authority to grant permits, licenses or franchises for use thereof, or has regulatory authority thereover. Rights-of-way for the purpose of this chapter do not include railroad rights-of-way, airports, harbor areas, buildings, parks, poles, conduits, open spaces, nature trails, dedicated but unopened right-of-way, undedicated streets and/or right-of-way, environmentally sensitive areas and any land, facilities, or property owned, maintained, or leased by the city in its governmental or proprietary capacity or as an operator of a utility.
(Ord. No. 4304, § 1, 1-15-19)
6.15.040 Applications – Process.
Any utility or service provider who desires a franchise or limited license agreement pursuant to this chapter shall file an application with the city in accordance with this chapter.
A. A franchise application shall be filed by any utility or other service provider for the nonexclusive right to occupy city rights-of-way to provide service within a designated franchise area.
B. A limited license agreement application shall be filed in accordance with the provisions of this chapter for the authorization granted by the city to a utility or other service provider for the nonexclusive right to occupy specified city rights-of-way for the sole purpose of providing service to persons or areas outside the city.
(Ord. No. 4304, § 1, 1-15-19)
6.15.050 Applications – Contents.
The director is authorized to establish an application form or forms appropriate for public utilities and other qualified service providers to apply for a franchise or limited license agreement. The form shall contain at a minimum:
A. Information identifying the applicant, its corporate or other organizational structure, and the contact agent.
B. Property and facility information including, but not limited to:
1. The nature of the request – as an application for a new franchise, an application for renewal or amendment, or an application for the transfer of a franchise.
2. A description of the specific services that the applicant expects to provide within the city including whether the services will be provided to the general public, to commercial and/or residential customers or to other utilities and service providers.
3. A description of the facilities to be located in the right-of-way including, but not limited to, telecommunications service facilities, small wireless facilities, conduits, fiber, pipelines, and other facilities appropriate to the specific utility or service providers’ utilization of the right-of-way. Small wireless facilities designs shall be submitted with the application. The director may require designs of other facilities.
4. A statement that the necessary pole attachment or lease agreements with the owners of other facilities located in the right-of-way have been obtained.
5. Estimated beginning and end dates for construction.
6. A statement that any licenses, certificates or authorizations required from the Federal Communications Commission, the Washington Utilities and Transportation Commission and any other federal or state agency with jurisdiction over the proposed activities to be conducted in the right-of-way have been obtained.
7. A description of the services provided and any and all state and local taxes which may apply.
8. The service area for which the franchise is requested, including a map of the area to be covered by the franchise and specific locations of the initial build out and, if known, proposed future build out locations including which proposed facilities will be underground, ground based, and/or aerial.
9. Upon request from the city, financial statements prepared in accordance with generally accepted accounting principles demonstrating the applicant’s financial ability to construct, operate, maintain, relocate, and remove its telecommunications facilities. This provision shall not apply when prohibited by the federal Telecommunications Act.
10. A detailed description of the applicant’s previous experience in providing the intended service which includes a list identifying, by place and date, other franchises obtained by the applicant, its parent, or subsidiary.
11. Such other information as the director determines would be relevant in considering the application.
6.15.060 Applicant representatives.
Any person or entity who submits an application under this chapter shall have a continuing obligation to notify the city, in writing, of the names, addresses, and occupations of all persons who are authorized to represent or act on behalf of the applicant in those matters pertaining to the application. The requirement to make such disclosure shall continue until the city has approved or disapproved an applicant’s application or until an applicant withdraws its application.
(Ord. No. 4304, § 1, 1-15-19)
6.15.070 Administrative application review fee.
An initial administrative application review fee of $500.00 shall be paid by the applicant at the time the application is submitted to the city.
(Ord. No. 4304, § 1, 1-15-19)
6.15.080 Completeness.
A. Completeness of the application shall be determined in accordance with this section and the requirements of KCC 6.15.050, Applications – Contents.
B. The director shall notify the applicant within 10 days of submission if the application is materially incomplete; provided, however, that an applicant may consent to a different completeness review period.
C. The notification that an application is incomplete shall be in writing, specifically identifying the missing documents or information, and shall refer to the code section creating the obligation to submit the documentation.
D. A service provider may submit information required to complete the application within 60 days of notice by the director. Failure to provide such information in a timely manner shall be deemed a withdrawal of that application.
(Ord. No. 4304, § 1, 1-15-19)
6.15.090 Obligation to cure as a condition of renewal.
No franchise shall be renewed until any ongoing violations or defaults in the franchisee’s performance of the franchise agreement, or of the requirements of this chapter, have been cured, or a plan detailing the corrective action to be taken by the franchisee has been approved in writing by the city.
(Ord. No. 4304, § 1, 1-15-19)
6.15.100 Public comment.
The city shall provide notice of a complete application for a franchise on the city’s website with a link to the franchise application. The applicant is encouraged to host informational meetings for the public regarding the deployment. These meetings are for the public’s information and are neither hearings nor part of any land use appeal process.
(Ord. No. 4304, § 1, 1-15-19)
6.15.110 Subject to authority.
A grantee shall, at all times during the term of a franchise or limited license agreement, be subject to all lawful exercise of the police power by the city and to such lawful regulations as the city shall hereafter enact. A grantee shall construct, operate, and maintain all equipment, facilities, or other improvements in full compliance with all other applicable rules and regulations now in effect or hereafter adopted by the United States, the state of Washington, the city, or any agency of these governments with jurisdiction over these activities.
(Ord. No. 4304, § 1, 1-15-19)
6.15.130 Enforcement.
The requirements of this chapter shall be enforced by the director in accordance with KCC 6.15.080 through 6.15.090. The penalty provisions set forth in KCC 1.01.140 shall not apply. This shall not limit the city’s ability to pursue other remedies at law or in equity.
(Ord. No. 4304, § 1, 1-15-19)