Chapter 11.06
TELECOMMUNICATIONS FRANCHISE
Sections:
11.06.010 Telecommunications master permit.
11.06.020 Master permit application.
11.06.030 Determination by the city.
11.06.040 Agreement.
11.06.050 Nonexclusive grant.
11.06.060 Term of master permit grant.
11.06.070 Rights granted.
11.06.080 Master permit territory.
11.06.090 Imposition of taxes, fees, or requirements by the city.
11.06.110 Amendment of master permit.
11.06.120 Renewal application.
11.06.130 Renewal determination.
11.06.140 Obligation to cure as a condition of renewal.
11.06.150 Universal service.
11.06.160 Annual fee for recovery of city costs.
11.06.170 Other city costs.
11.06.180 Existing franchises.
11.06.010 - Telecommunications master permit
A master permit shall be required of any service provider or other person who seeks to provide telecommunications service to any person or area in the City and who desires to construct, install, operate, maintain, or otherwise locate Facilities in, upon, under, over, or across any right-of-way of the City. Provided, however, that a Telecommunications Right-of-Way Use Authorization may, with the approval of the Community Planning and Development Director, be substituted for a master permit in the following circumstances:
A. Privately owned telecommunications networks or systems which are operated solely for purposes other than offering telecommunications services to other persons or the general public. An example of such a network or system includes, but is not limited to, a telecommunications network connecting two business facilities under common ownership or control, when said facilities are not offered to other business entities or persons.
B. De minimis uses of right-of-way made in conjunction with a wireless telecommunications facility located entirely upon publicly or privately owned property.
(Ord. 6208 §3, 2002; Ord. 6033 §24, 2000; Ord. 5816 §3, 1998).
11.06.020 - Master permit application
Any person who desires a master permit pursuant to these Chapters shall file an application with the City Manager which, in addition to the information required by Section 11.04.020, shall include the following:
A. Whether the applicant intends to provide cable television service, video dial tone service, other video programming service or telecommunication service, and sufficient information to determine whether such service is subject to cable franchising;
B. An accurate map showing the location of any existing Facilities in the City that applicant intends to use or lease,
C. A description of the services or Facilities that the applicant will offer or make available to the City and other public, educational and governmental institutions;
D. A description of applicant’s access and line extension policies;
E. The area or areas of the City the applicant desires to serve and a schedule for build-out to the entire master permit area;
F. All fees or charges required pursuant to this Chapter;
G. Such other and further reasonable information as may be requested by the City; and
H. An application fee which shall be set by the City Council by resolution.
(Ord. 6033 §25, 2000; Ord. 5816 §3, 1998).
11.06.030 - Determination by the city
Within One hundred twenty (120) days after receiving a complete application under Section 11.06.020 hereof, the City shall issue a written determination granting or denying the application in whole or in part, except with the agreement of the applicant, or where the City Council cannot reasonably act within the 120-day period. For the purpose of this Section, "act" means that the City makes the decision to grant, condition, or deny the use permit, which may be subject to administrative appeal, or notifies the applicant in writing of the amount of time that will be required to make the decision and the reasons for this time period. If the service provider requires action in less than thirty (30) days, the service provider shall advise the City Council in writing of the reasons why a shortened time period is necessary and the time period within which action by the City is requested. The City Council shall reasonably cooperate to meet the request where practicable.
Prior to granting or denying a franchise under this Chapter, the City Council shall conduct a public hearing and make a decision based upon the standards set forth below. Pursuant to RCW 35A.47.040, the City Council shall not approve any master permit hereunder until the next regularly scheduled Council meeting following the public hearing. The City Councils approval or denial of the application shall be issued in writing, based on the following:
A. Whether the applicant has received all requisite licenses, certificates, and authorizations from the Federal Communications Commission, the Washington Utilities and Transportation Commission, and any other federal or state agency with jurisdiction over the activities proposed by the applicant.
B. The capacity of the public ways to accommodate the applicant’s proposed Facilities.
C. The capacity of the right-of-way to accommodate additional utility and Facilities if the master permit is granted.
D. The damage or disruption, if any, of public or private facilities, improvements, service, travel or landscaping if the master permit is granted;
E. The public interest in minimizing the cost and disruption of construction within the right-of-way.
F. Applicants proposed compliance with the City’s Development Guidelines.
G. The effect, if any, on public health, safety and welfare if the master permit requested is granted.
H. The availability of alternate routes and/or locations for the proposed Facilities.
I. Applicable federal and state telecommunications laws, regulations and policies.
The reasons for a denial of a master permit shall be supported by substantial evidence contained in a written record. A service provider adversely affected by the final action denying a master permit, or by an unreasonable failure to act on a master permit as set forth above, may commence an action within thirty (30) days to seek relief, which shall be limited to injunctive relief.
(Ord. 6033 §26, 2000; Ord. 5816 §3, 1998).
11.06.040 - Agreement
No master permit shall be deemed to have been granted hereunder until the applicant and the City have executed a written agreement by ordinance setting forth the particular terms and provisions under which the master permittee has been granted the right to occupy and use rights-of-way of the City. If the City determines it is in the public interest, the City and master permittee may enter into an agreement that differs from one or more specific provisions of this ordinance. Master permits 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 master permits.
(Ord. 6033 §27, 2000; Ord. 5816 §3, 1998).
11.06.050 - Nonexclusive grant
No master permit granted under this Chapter shall confer any exclusive right, privilege, license or master permit to occupy or use the right-of-way of the City for delivery of telecommunications service or any other purposes.
(Ord. 6033 §28, 2000; Ord. 5816 §3, 1998).
11.06.060 - Term of master permit grant
Unless otherwise specified in a master permit agreement, a master permit granted hereunder shall be valid for a term of five (5) years.
(Ord. 6033 §29, 2000; Ord. 5816 §3, 1998).
11.06.070 - Rights granted
No master permit granted under this Chapter shall convey any right, title or interest in the right-of-way, but shall be deemed a master permit only to use and occupy the right-of-way for the limited purposes and term stated in the grant. Further, no master permit shall be construed as any warranty of title.
(Ord. 6033 §30, 2000; Ord. 5816 §3, 1998).
11.06.080 - Master permit territory
Unless otherwise provided in the master permit agreement, a master permit granted under this Chapter shall be limited to the specific geographic area of the City to be served by the master permittee, and the specific right-of-way necessary to serve such areas.
(Ord. 6033 §31, 2000; Ord. 5816 §3, 1998).
11.06.090 - Imposition of taxes, fees, or requirements by the City
The City may impose on the master permittee or other service provider all fees, taxes, and requirements authorized by RCW 35.21.860, as amended.
(Ord. 6033 §32, 2000; Ord. 5816 §3, 1998).
11.06.110 - Amendment of master permit
Except as otherwise provided within a master permit, a new master permit application and grant shall be required of any service provider that desires to extend its master permit territory or to locate its Facilities in right-of-way of the City which are not included in a master permit previously granted under this Chapter.
(Ord. 6033 §34, 2000; Ord. 5816 §3, 1998).
11.06.120 - Renewal application
A master permittee that desires to renew its master permit under this Chapter for an additional term shall, not more than 180 days nor less than 120 days before expiration of the current master permit, file an application with the City for renewal of its master permit which shall include the following:
A. The information required pursuant to Section 11.06.020 of this Chapter;
B. Any information required pursuant to the master permit agreement between the City and the grantee;
C. All charges required pursuant to this Chapter and
D. An application fee which shall be set by the City Council by resolution.
(Ord. 6033 §35, 2000; Ord. 5816 §3, 1998).
11.06.130 - Renewal determination
Within One hundred twenty (120) days after receiving a complete application for renewal under Section 11.06.120 hereof, the City shall issue a written determination granting or denying the renewal application in whole or in part. Prior to granting or denying renewal of a master permit under this Chapter, the City Council shall conduct a public hearing and make a decision based upon the standards set forth below. If the renewal application is denied, the written determination shall include the reasons for non-renewal.
A. The continuing capacity of the right-of-way to accommodate the applicant’s existing facilities.
B. The applicant’s compliance with the requirements of these Chapters and the master permit agreement.
C. Applicable federal, state and local telecommunications laws, rules and policies.
D. Such other factors as may demonstrate that the continued grant to use the right-of-way will serve the public health, safety, and welfare.
(Ord. 6033 §36, 2000; Ord. 5816 §3, 1998).
11.06.140 - Obligation to cure as a condition of renewal
No master permit shall be renewed until any ongoing violations or defaults in the master permittee’s performance of the master permit agreement, or of the requirements of these Chapters, have been cured, or a plan detailing the corrective action to be taken by the master permittee’s has been approved by the City.
(Ord. 6033 §37, 2000; Ord. 5816 §3, 1998).
11.06.150 - Universal service
Each master permit granted under this Chapter is subject to the City’s right under the 1996 Telecommunications Act, which is expressly reserved, to require the master permittee to make an equitable and nondiscriminatory contribution to the preservation and advancement of universal service to the extent permitted by state and federal law.
(Ord. 6033 §38, 2000; Ord. 5816 §3, 1998).
11.06.160 - Annual fee for recovery of city costs
Subject to the 1996 Telecommunications Act and RCW 35.21.860, as amended, each master permit granted under this Chapter is subject to the City’s right, which is expressly reserved, to annually fix a fair and reasonable compensation to be paid as reimbursement for the City’s costs in connection with reviewing, inspecting and supervising the use and occupancy of the right-of-way on behalf of the public and existing or future users.
(Ord. 6033 §39, 2000; Ord. 5816 §3, 1998).
11.06.170 - Other city costs
All master permittees shall, within thirty (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 master permit when such is requested by the master permittee. In addition, all master permittees shall, within thirty (30) days after written demand, reimburse the City for any and all costs the City reasonably incurs in response to any emergency involving the master permittee’s Facilities. Finally, all master permittees shall, within thirty (30) days after written demand, reimburse this City for the master permittee’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 presence in the right-of-way of the master permittee’s Facilities.
(Ord. 6033 §40, 2000; Ord. 5816 §3, 1998).
11.06.180 - Existing Franchises
Nothing in this Ordinance shall preempt or amend specific provisions in existing telecommunication franchises or contracts between the City of Olympia and any service provider.
(Ord. 6033 §41, 2000).