Chapter 11.32 TELECOMMUNICATIONS SERVICE PROVIDERS

Chapter 11.32
TELECOMMUNICATIONS SERVICE PROVIDERS

Sections:

11.32.010 Definitions.

11.32.020 Applicability of master permit or franchise.

11.32.030 Application for master permit or franchise.

11.32.040 Issuance of a master permit.

11.32.050 Issuance of a franchise.

11.32.010 Definitions.

“Cable service” for the purposes of this chapter shall have the same meaning provided by the Cable Act.

“Director” means the city engineer or his/her designee.

“Franchise” means the authorization, or renewal thereof, approved by an ordinance of the city, which authorizes a telecommunications service provider to construct, install, operate, or maintain telecommunications facilities in, under, over, or across rights-of-way of the city and to also provide telecommunications service to persons or areas in the city.

“Grantee” means any person, firm, or corporation to whom a master permit or franchise is granted by the city under this chapter, and the lawful successor, transferee, or assignee of said person, firm, or corporation.

“Master permit” means the agreement in whatever form whereby the city or town may grant general permission to a telecommunications service provider to enter, use, and occupy the right-of-way for the purpose of locating wireless communication facilities.

“Personal wireless services” means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined by federal laws and regulations.

“Small cell facility” shall have the same meaning as “small wireless facility” as that term is defined in Chapter 20.59 PMC.

“Telecommunications service” means the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means for hire, sale, or resale to the general public. For the purpose of this subsection, “information” means knowledge or intelligence represented by any form of writing, signs, signals, pictures, sounds, or any other symbols. For the purpose of this chapter, “telecommunications service” excludes the over-the-air transmission of broadcast television or broadcast radio signals.

“Telecommunications service provider” means every corporation, company, association, joint stock association, firm, partnership, person, city, or town owning, operating, or managing any facilities used to provide and providing telecommunications or cable television service for hire, sale, or resale to the general public. “Telecommunications service provider” includes the legal successor to any such corporation, company, association, joint stock association, firm, partnership, person, city or town.

“Wireless communication facilities” means facilities used for personal wireless services. “Wireless communication facilities” as used herein includes both small cell facilities and macro wireless facilities.

“Wireline services” means services provided using a physically tangible means of transmission, including, without limitation, wire or cable, and the apparatus used for such transmission. (Ord. 3187 § 1, 2019; Ord. 2653 § 1, 2000).

11.32.020 Applicability of master permit or franchise.

(1) A franchise shall be required for any telecommunications service provider or other person who currently occupies or desires in the future to occupy the rights-of-way of the city and to provide wireline services, including cable service, to any person or area in the city. All franchises must be approved by the city council.

(2) A master permit shall be required of any telecommunications service provider or carrier who currently occupies or desires in the future to occupy the rights-of-way of the city and to install wireless communication facilities within the rights-of-way; provided, however, that if a telecommunications provider or carrier has already obtained a franchise, such entity is not required to also obtain a master permit during the term of such franchise. (Ord. 3187 § 1, 2019; Ord. 2653 § 1, 2000).

11.32.030 Application for master permit or franchise.

Telecommunications service providers may submit an application for a master permit or a franchise by filing the following written information with the city engineer:

(1) Name of the telecommunications service provider requesting a master permit or a franchise.

(2) Location of business address.

(3) Name and address of business agent seeking a master permit or a franchise.

(4) Detailed description of the telecommunications services to be offered within the city. Such description shall be in sufficient detail so that the city will be informed of the specific type of telecommunications services being proposed.

(5) Detailed description of the proposed telecommunications facility and infrastructure sought to be located in the city’s right-of-way, which shall identify whether the facility and infrastructure are to be located above or below ground, and whether shared use of facilities, such as shared conduits, is envisioned.

(6) A list of the rights-of-way and a map showing where initial facilities are proposed to be located pursuant to the master permit or franchise.

(7) A list of all cities in Washington where the applicant has obtained a master permit or a franchise.

(8) Identification of whether the applicant is applying for a master permit or a franchise.

(9) Such other and further information reasonably necessary for the city to evaluate the application as a whole. (Ord. 3187 § 1, 2019; Ord. 2653 § 1, 2000).

11.32.040 Issuance of a master permit.

(1) Upon the determination of a complete application by the director, the director shall process the application and approve or deny the master permit. If the application is denied, a written determination by the director shall be included, setting forth the reason(s) for the denial.

(2) No telecommunications master permit shall be issued until the grantee has unconditionally accepted and executed the telecommunications master permit setting forth the particular requirements under which the grantee has been granted the right to occupy and use rights-of-way of the city.

(3) In the event that the city adopts a general telecommunications ordinance or any other ordinance concerning general usage of the rights-of-way, the grantee shall be required to comply with such ordinances. (Ord. 3187 § 1, 2019).

11.32.050 Issuance of a franchise.

(1) Upon the determination of a complete application by the director, the director shall process the application and recommend to the city council that it approve or deny the franchise. If the application is denied, a written determination by the city council shall be included, setting forth the reason(s) for the denial.

(2) No telecommunications franchise shall be deemed to have been granted hereunder until the grantee and the city have executed a written franchise agreement setting forth the particular terms and provisions under which the grantee has been granted the right to occupy and use rights-of-way of the city.