Chapter 5-19 TELECOMMUNICATIONS LICENSES AND FRANCHISES

CHAPTER 19
TELECOMMUNICATIONS LICENSES AND FRANCHISES¹

SECTION:

5-19-1: Purpose And Intent

5-19-2: Overview

5-19-3: Registration Of Telecommunications Providers And Carriers

5-19-4: Telecommunications License

5-19-5: Telecommunications Franchise

5-19-6: Cable Communications System

5-19-7: Fees And Compensation

5-19-8: Conditions Of Grant

5-19-9: Construction Standards

5-19-10: Miscellaneous

5-19-1 PURPOSE AND INTENT:

The purpose of this Chapter is to:

A. Establish a local policy concerning telecommunications providers and services;

B. Establish clear local guidelines, standards and time frames for the exercise of local authority with respect to the regulation of telecommunications providers and services;

C. Promote competition in telecommunications;

D. Minimize unnecessary local regulation of telecommunications providers and services;

E. Encourage the provision of advanced and competitive telecommunications services on the widest possible basis to the businesses, institutions and residents of the City;

F. Permit and manage reasonable access to the public ways of the City for telecommunications purposes on a competitively neutral basis;

G. Conserve the limited physical capacity of the public ways held in public trust by the City;

H. Assure that the City’s current and ongoing costs of granting and regulating private access to and use of the public ways are fully paid by the persons seeking such access and causing such costs;

I. Assure that all telecommunications carriers providing facilities or services within the City comply with the ordinances, rules and regulations of the City;

J. Assure that the City can continue to fairly and reasonably protect the public health, safety and welfare; and

K. Enable the City to discharge its public trust consistent with rapidly evolving Federal and State regulatory policies, industry competition and technological development. (Ord. 4717, 4-27-98; amd. Ord. 4862, 9-18-00)

5-19-2 OVERVIEW:

A. Definitions:

CABLE ACT: The Cable Television Consumer Protection and Competition Act of 1992, and the Telecommunications Reform Act of 1996 as now existing or hereafter adopted or amended, and the Cable Communications Policy Act of 1984, as now existing or hereafter adopted or amended.

CABLE OPERATOR: A telecommunications carrier providing or offering to provide “cable service” within the City as that term is defined in the Cable Act.

CABLE SERVICE: For the purpose of this Chapter shall have the same meaning provided by the Cable Act.

CITY: The City of Renton.

CITY PROPERTY: All real property owned by the City, other than public streets and utility easements as those terms are defined herein, and all property held in a proprietary capacity by the City, which is not subject to the right-of-way licensing and franchising as provided in this Chapter.

DEPARTMENT: The City of Renton’s Planning/Building/Public Works Department.

EXCESS CAPACITY: The volume or capacity in any existing or future duct, conduit, manhole, handhold or other utility facility within the public way that is or will be available for use for additional telecommunications facilities.

FACILITIES: All of the plant, equipment, fixtures, appurtenances, antennas, and other facilities necessary to furnish and deliver telecommunications services, including but not limited to poles with crossarms, poles without crossarms, wires, lines, conduits, cables, communication and signal lines and equipment, braces, guys, anchors, vaults, and all attachments, appurtenances, and appliances necessary or incidental to the distribution of telecommunications services.

FCC or FEDERAL COMMUNICATIONS COMMISSION: The Federal administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers on a national level.

OPEN VIDEO SYSTEM (OVS): A telecommunications system having two-thirds of its capacity set aside for use by other providers, programmers or competitive businesses on a subleasing basis. Because of its self-competitive nature, an OVS is subject to regulatory restrictions.

OVERHEAD FACILITIES: Utility poles, utility facilities and telecommunications facilities located above the surface of the ground, including the underground supports and foundations for such facilities.

PUBLIC WAY: All public streets and utility easements, as those terms are defined herein, now or hereafter owned by the City, but only to the extent of the City’s right, title, interest or authority to grant a license or franchise to occupy and use such streets and easements for telecommunications facilities.

RIGHT-OF-WAY: Any highway, street, alley or other public right-of-way for motor vehicle travel under the jurisdiction and control of the City which has been acquired, established, dedicated or devoted to highway purposes not inconsistent with telecommunications facilities.

STATE: The State of Washington.

SURPLUS SPACE: That portion of the usable space on a utility pole which has the necessary clearance from other pole users, as required by the orders and regulations of the Washington Utilities and Transportation Commission, to allow its use by a telecommunications carrier for a pole attachment.

TELECOMMUNICATIONS CARRIER: Every person that directly or indirectly owns, controls, operates or manages plant, equipment or property within the City, used or to be used for the purpose of offering telecommunications services.

TELECOMMUNICATIONS PROVIDER: Every person who provides telecommunications service over telecommunications facilities without any ownership or management control of the facilities.

TELECOMMUNICATIONS SERVICE: The providing or offering for rent, sale or lease, or in exchange for other value received, of the transmittal of voice, data, image, graphic and video programming information between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities, with or without benefit or any closed transmission medium.

TELECOMMUNICATIONS SYSTEM: A system of conduits, fiber optics cable and facilities designed and constructed for the purpose of producing, receiving, amplifying or distributing by audio, video or other forms of electronic or electric signals to or from subscribers or locations within the City.

UNDERGROUND FACILITIES: Utility and telecommunications facilities located under the surface of the ground excluding the underground foundations or supports for overhead facilities.

USABLE SPACE: The total distance between the top of a utility pole and the lowest possible attachment point that provides the minimum allowable vertical clearance as specified in the orders and regulations of the Washington Utilities and Transportation Commission.

UTILITY EASEMENT: Any easement owned by the City and acquired, established, dedicated or devoted for public utility purposes not inconsistent with telecommunications facilities.

UTILITY FACILITIES: The plant, equipment and property, including but not limited to the poles, pipes, mains, conduits, ducts, cables, wires, plant and equipment located under, on or above the surface of the ground within the public ways of the City and used or to be used for the purpose of providing utility or telecommunications services.

WUTC or WASHINGTON UTILITIES AND TRANSPORTATION COMMISSION: The State administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers in the State of Washington.

B. Summary:

1. Telecommunications Franchise: Except as otherwise provided herein, any telecommunications carriers who desire to construct, install, operate, maintain or otherwise locate telecommunications facilities in, under, over or across any public way of the City, and to also provide telecommunications service to persons or areas in the City, shall first obtain a franchise granting the use of such public ways from the City pursuant to Section 5-19-3 of this Chapter.

2. Cable Television Franchise: Except as otherwise provided herein, any telecommunications carrier who desires to construct, install, operate, maintain or locate telecommunications facilities in any public way of the City for the purpose of providing cable television service to persons in the City shall first obtain a cable television franchise from the City as provided in Chapter 5-17 of this Title.

3. Application to Existing Franchise Ordinances and Agreements: This chapter shall have no effect on any existing franchise ordinance or franchise agreement until:

a. The expiration of said franchise ordinance or agreement; or

b. An amendment to an unexpired franchise ordinance or franchise agreement, unless both parties agree to defer full compliance to a specific date not later than the present expiration date. (Ord. 4717, 4-27-98; amd. Ord. 4862, 9-18-00)

5-19-3 REGISTRATION OF TELECOMMUNICATIONS PROVIDERS AND CARRIERS:

A. Registration Required: All telecommunications carriers and providers that offer or provide any telecommunications service for a fee directly to the public, either within the City, or outside the corporate limits from telecommunications facilities within the City, shall register with the City pursuant to this Section on forms to be provided by the Department, which shall include the following:

1. The identity and legal status of the registrant, including any affiliates.

2. The name, address and telephone number of the officer, agent or employee responsible for the accuracy of the registration statement.

3. A description of registrant’s existing or proposed telecommunications facilities within the City.

4. A description of the telecommunications service that the registrant intends to offer or provide, or is currently offering or providing, to persons, firms, businesses or institutions within the City.

5. Information sufficient to determine whether the transmission, origination or receipt of the telecommunications services provided or to be provided by the registrant constitutes an occupation or privilege subject to any municipal telecommunications tax, utility message tax or other occupation tax imposed by the City.

6. Information sufficient to determine that the applicant has applied for and received any certificate of authority required by the Washington Utilities and Transportation Commission to provide telecommunications services or facilities within the City.

7. Information sufficient to determine that the applicant has applied for and received any construction permit, operating license or other approvals required by the Federal Communications Commission to provide telecommunications services or facilities within the City.

8. Such other information as the Department may reasonably require.

B. Registration Fee: Each application for registration as a telecommunications carrier or provider shall be accompanied by a nonrefundable fee of twenty five dollars ($25.00).

C. Purpose of Registration: The purpose of registration under this Section is to:

1. Provide the City with accurate and current information concerning the telecommunications carriers and providers who offer or provide telecommunications services within the City, or that own or operate telecommunications facilities within the City.

2. Assist the City in enforcement of this Chapter.

3. Assist the City in the collection and enforcement of any municipal taxes, franchise fees, license fees or charges that may be due the City.

4. Assist the City in monitoring compliance with local, State and Federal laws. (Ord. 4717, 4-27-98)

5-19-4 TELECOMMUNICATIONS LICENSE:

A. General: A telecommunications license shall be required of any telecommunications carrier who desires to occupy specific public ways of the City for the sole purpose of providing telecommunications services to persons or areas outside the City.

B. License Application: Any person that desires a telecommunications license pursuant to this Section shall file an application with the City which shall include the following information:

1. The identity of the license applicant, including all affiliates of the applicant.

2. A description of the telecommunications services that are or will be offered or provided by licensee over its telecommunications facilities.

3. A description of the transmission medium that will be used by the licensee to offer or provide such telecommunications services.

4. Preliminary engineering plans, specifications and a network map of the facilities to be located within the City, all in sufficient detail to identify:

a. The location and route requested for applicant’s proposed telecommunications facilities.

b. The location of all overhead and underground public utility, telecommunication, cable, water, sewer drainage and other facilities in the public way along the proposed route.

c. The location(s), if any, for interconnection with the telecommunications facilities of other telecommunications carriers.

d. The specific trees, structures, improvements, facilities and obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate.

5. If applicant is proposing to install overhead facilities, evidence that surplus space is available for locating its telecommunications facilities on existing utility poles along the proposed route.

6. If applicant is proposing an underground installation in existing ducts or conduits within the public ways, information in sufficient detail to identify:

a. The excess capacity currently available in such ducts or conduits before installation of applicant’s telecommunications facilities.

b. The excess capacity, if any, that will exist in such ducts or conduits after installation of applicant’s telecommunications facilities.

7. If applicant is proposing an underground installation within new ducts or conduits to be constructed within the public ways:

a. The location proposed for the new ducts or conduits.

b. The excess capacity that will exist in such ducts or conduits after installation of applicant’s telecommunications facilities.

8. A preliminary construction schedule and completion date.

9. A preliminary traffic control plan in accordance with the Washington State Department of Transportation (WSDOT) Manual on Uniform Traffic Control Devices.

10. Financial statements prepared in accordance with generally accepted accounting principles demonstrating the applicant’s financial ability to construct, operate, maintain, relocate and remove the facilities.

11. Information in sufficient detail to establish the applicant’s technical qualifications, experience and expertise regarding the telecommunications facilities and services described in the application.

12. Information to establish that the applicant has obtained all other governmental approvals and permits to construct and operate the facilities and to offer or provide the telecommunications services.

13. All fees, deposits or charges required pursuant to Chapter 5-1, Fee Schedule, of this Title.

14. Such other and further reasonable information as may be required by the City.

C. Determination by the City: Within 120 days after receiving a complete application under subsection B of this Section, the corporate authorities shall issue a written determination granting or denying the application in whole or in part, applying the following standards. If the application is denied, the written determination shall include the reasons for denial.

1. The capacity of the public ways to accommodate the applicant’s proposed facilities.

2. The capacity of the public ways to accommodate additional utility and telecommunications facilities if the license is granted.

3. The damage or disruption, if any, of public or private facilities, improvements, service, travel or landscaping if the license is granted.

4. The public interest in minimizing the cost and disruption of construction within the public ways.

5. The service that applicant will provide to the community and region.

6. The effect, if any, on public health, safety and welfare if the license is granted.

7. The availability of alternate routes and/or locations for the proposed facilities.

8. Applicable Federal and State telecommunications laws, regulations and policies.

9. Such other factors as may demonstrate that the grant to use the public ways will serve the community interest.

D. Agreement: No license granted hereunder shall be effective until the applicant and the City have executed a written agreement setting forth the particular terms and provisions under which the license to occupy and use public ways of the City will be granted.

E. Nonexclusive Grant: No license granted under this Section shall confer any exclusive right, privilege, license or franchise to occupy or use the public ways of the City for delivery of telecommunications services or any other purposes.

F. Rights Granted: No license granted under this Section shall convey any right, title or interest in the public ways, but shall be deemed a license only to use and occupy the public ways for the limited purposes and term stated in the grant. Further, no license shall be construed as any warranty of title.

G. Term of Grant: Unless otherwise specified in a license agreement, a telecommunications license granted hereunder shall be in effect for a term of five (5) years.

H. License Route: A telecommunications license granted under this Section shall be limited to a grant of specific public ways and defined portions thereof.

I. Location of Facilities: Unless otherwise specified in a license agreement, all facilities shall be constructed, installed and located in accordance with the following terms and conditions:

1. Telecommunications facilities shall be installed within an existing underground duct or conduit whenever excess capacity exists within such utility facility.

2. A licensee with permission to install overhead facilities shall install its telecommunications facilities on pole attachments to existing utility poles only, and then only if surplus space is available.

3. Whenever any existing electric utilities, cable facilities or telecommunications facilities are located underground within a public way of the City, a licensee with permission to occupy the same public way must also locate its telecommunications facilities underground.

4. Whenever any new or existing electric utilities, cable facilities or telecommunications facilities are located or relocated underground within a public way of the City, a grantee that currently occupies the same public way shall relocate its facilities underground at its sole expense within a reasonable period of time, which shall not be later than the end of the grant term. Absent extraordinary circumstances or undue hardship as reasonably determined by the City, such relocation shall be made concurrently to minimize the disruption of the public ways.

5. Whenever new telecommunications facilities will exhaust the capacity of a public street or utility easement to reasonably accommodate future telecommunications carriers or facilities, the grantee shall provide additional ducts, conduits, manholes and other facilities not reserved for future use available to future telecommunications carriers for a nondiscriminatory lease fee.

J. Construction Permits: All licensees are required to obtain construction permits for telecommunications facilities as required in Section 5-19-9 of this Chapter; provided, however, that nothing in this Section shall prohibit the City and a licensee from agreeing to alternative plan review, permit and construction procedures in a license agreement, provided such alternative procedures provide substantially equivalent safeguards for responsible construction practices.

K. Compensation to City: Each license granted under this Section is subject to the City’s right, which is expressly reserved, to annually fix a fair and reasonable compensation to be paid for the property rights granted to the licensee; provided, nothing in this Section shall prohibit the City and a licensee from agreeing to the compensation to be paid.

L. Service to City Users: A licensee may be permitted to offer or provide telecommunications services to persons or areas within the City upon submitting an application for approval pursuant to Section 5-19-5 hereof.

M. Amendment of Grant:

1. A new license application and grant shall be required of any telecommunications carrier that desires to extend or locate its telecommunications facilities in public ways of the City which are not included in a license previously granted under this Chapter.

2. If ordered by the City to locate or relocate its telecommunications facilities in public ways not included in a previously granted license, the City shall grant a license amendment without further application.

N. Renewal Applications: A grantee that desires to renew its license under this Section shall, not more than 180 days nor less than 90 days before expiration of the current license, file an application with the City for renewal of its license which shall include the following information:

1. The information required pursuant to subsection B of this Section.

2. Any information required pursuant to the license agreement between the City and the grantee.

O. Renewal Determinations: Within 90 days after receiving a complete application under subsection N of this Section, the corporate authorities shall issue a written determination granting or denying the renewal application in whole or in part, applying the following standards. If the renewal application is denied, the written determination shall include the reasons for nonrenewal.

1. The continuing capacity of the public ways to accommodate the applicant’s existing facilities.

2. The applicant’s compliance with the requirements of this Chapter and the license agreement.

3. Applicable Federal, State and local telecommunications laws, rules and policies.

4. Such other factors as may demonstrate that the continued grant to use the public ways will serve the community interest.

P. 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, or of the requirements of this Chapter, have been cured, or a plan detailing the corrective action to be taken by the grantee has been approved by the City. (Ord. 4717, 4-27-98)

5-19-5 TELECOMMUNICATIONS FRANCHISE:

A. General: A telecommunications franchise shall be required of any telecommunications carrier who desires to occupy public ways of the City and to provide telecommunications services to any person or area in the City.

B. Franchise Application: Any person that desires a telecommunications franchise pursuant to this Section shall file an application with the City which shall include the following information:

1. The identity of the franchise applicant, including all affiliates of the applicant.

2. A description of the telecommunications services that are or will be offered or provided by the franchise applicant over its existing or proposed facilities.

3. A description of the transmission medium that will be used by the franchisee to offer or provide such telecommunications services.

4. Preliminary engineering plans, specifications and a network map of the facilities to be located within the City, all in sufficient detail to identify:

a. The location and route requested for the applicant’s proposed telecommunications facilities.

b. The location of all overhead and underground public utility, telecommunication, cable, water, sewer drainage and other facilities in the public way along the proposed route.

c. The location(s), if any, for interconnection with the telecommunications facilities of other telecommunications carriers.

d. The specific trees, structures, improvements, facilities and obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate.

5. If the applicant is proposing to install overhead facilities, evidence that surplus space is available for locating its telecommunications facilities on existing utility poles along the proposed route. Proposed replacement utility poles, for the purpose of siting wireless communication facilities, shall be no more than twenty feet (20') taller than adjacent utility poles; utility poles on residentially zoned private property shall be no taller than forty-five feet (45'). (Ord. 5746, 1-12-15)

6. If the applicant is proposing an underground installation in existing ducts or conduits within the public ways, information in sufficient detail to identify:

a. The excess capacity currently available in such ducts or conduits before installation of applicant’s telecommunications facilities;

b. The excess capacity, if any, that will exist in such ducts or conduits after installation of applicant’s telecommunications facilities.

7. If the applicant is proposing an underground installation within new ducts or conduits to be constructed within the public ways:

a. The location proposed for the new ducts or conduits;

b. The excess capacity that will exist in such ducts or conduits after installation of applicant’s telecommunications facilities.

8. A preliminary construction schedule and completion dates.

9. A preliminary traffic control plan in accordance with the Manual on Uniform Traffic Control Devices.

13. Whether the applicant intends to provide cable service, video dial tone service or other video programming service, and sufficient information to determine whether such service is subject to cable franchising.

14. An accurate map showing the location of any existing telecommunications facilities in the City that applicant intends to use or lease.

15. 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.

16. A description of applicant’s access and line extension policies.

17. The area or areas of the City the applicant desires to serve and a schedule for build-out to the entire franchise area.

18. All fees, deposits or charges required pursuant to Section 5-19-7 of this Chapter. (Amd. Ord. 4862, 9-18-00)

19. Such other and further information as may be requested by the City.

C. Determination By The City: Within 120 days after receiving a complete application under subsection B of this Section, the City shall issue a written determination granting or denying the application in whole or in part, applying the following standards.

1. The financial and technical ability of the applicant.

2. The legal ability of the applicant.

3. The capacity of the public ways to accommodate the applicant’s proposed facilities.

4. The capacity of the public ways to accommodate additional utility and telecommunications facilities if the franchise is granted.

5. The damage or disruption, if any, of public or private facilities, improvements, service, travel or landscaping if the franchise is granted.

6. The public interest in minimizing the cost and disruption of construction within the public ways.

7. The service that applicant will provide to the community and region.

8. The effect, if any, on public health, safety and welfare if the franchise requested is granted.

9. The availability of alternate routes and/or locations for the proposed facilities.

10. Applicable Federal and State telecommunications laws, regulations and policies.

11. Such other factors as may demonstrate that the grant to use the public ways will serve the community interest. (Amd. Ord. 4862, 9-18-00)

D. Franchise Application Denial: The reasons for a denial of a franchise application shall be supported by substantial evidence contained in a written record. A service provider adversely affected by the final action denying a franchise application may commence an action within thirty days to seek relief, which shall be limited to injunctive relief. (Amd. Ord. 4862, 9-18-00)

E. Agreement: No franchise shall be granted hereunder unless the applicant and the City have executed a written agreement setting forth the particular terms and provisions under which the franchise to occupy and use public ways of the City will be granted. (Amd. Ord. 4862, 9-18-00)

F. Nonexclusive Grant: No franchise granted under this Section shall confer any exclusive right, privilege, license or franchise to occupy or use the public ways of the City for delivery of telecommunications services or any other purposes. (Amd. Ord. 4862, 9-18-00)

G. Term Of Grant: Unless otherwise specified in a franchise agreement, a telecommunications franchise granted hereunder shall be valid for a term of five (5) years. (Amd. Ord. 4862, 9-18-00)

H. Rights Granted: No franchise granted under this Section shall convey any right, title or interest in the public ways, but shall be deemed a franchise only to use and occupy the public ways for the limited purposes and term stated in the grant. Further, no franchise shall be construed as any warranty of title. (Amd. Ord. 4862, 9-18-00)

I. Location Of Facilities: Unless otherwise specified in a franchise agreement, all facilities shall be constructed, installed and located in accordance with the following terms and conditions:

1. Telecommunications facilities shall be installed within an existing underground duct or conduit whenever excess capacity exists within such utility facility, except as provided in subsection 2 below.

2. A franchisee with permission to install overhead facilities shall install its telecommunications facilities on pole attachments to existing utility poles only, and then only if surplus space is available.

3. Whenever any existing electric utilities, cable facilities or telecommunications facilities are located or relocated underground within a public way of the City, a grantee that currently occupies the same public way shall relocate its facilities underground within a reasonable period of time, which shall not be later than the end of the grant term. Absent extraordinary circumstances or undue hardship as determined by the City, such relocation shall be made concurrently to minimize the disruption of the public ways.

4. Whenever new telecommunications facilities will exhaust the capacity of a public street or utility easement to reasonably accommodate future telecommunications carriers or facilities, the grantee shall provide additional ducts, conduits, manholes and other facilities not reserved for future use available to future telecommunications carriers for a nondiscriminatory lease fee. (Amd. Ord. 4862, 9-18-00)

J. Construction Permits: All franchisees are required to obtain construction permits for telecommunications facilities as required in Section 5-19-9 of this Chapter; provided, however, that nothing in this Section shall prohibit the City and a franchisee from agreeing to alternative plan review, permit and construction procedures in a franchise agreement, provided such alternative procedures provide substantially equivalent safeguards for responsible construction practices. (Amd. Ord. 4862, 9-18-00)

K. Service To The City: A franchisee shall make its telecommunications services available to the City at its most favorable rate for similarly situated users, unless otherwise provided in a license or franchise agreement. (Amd. Ord. 4862, 9-18-00)

L. Renewal Applications: A grantee that desires to renew its franchise under this Section shall, not more than 240 days nor less than 120 days before expiration of the current franchise, file an application with the City for renewal of its franchise which shall include the following information:

1. The information required pursuant to subsection B of this Section.

2. Any information required pursuant to the franchise agreement between the City and the grantee. (Amd. Ord. 4862, 9-18-00)

M. Renewal Determinations: Within 120 days after receiving a complete application under subsection L of this Section, the City Council shall issue a written determination granting or denying the renewal application in whole or in part, applying the following standards. If the renewal application is denied, the written determination shall include the reasons for nonrenewal.

1. The financial and technical ability of the applicant.

2. The legal ability of the applicant.

3. The continuing capacity of the public ways to accommodate the applicant’s existing facilities.

4. The applicant’s compliance with the requirements of this Chapter and the franchise agreement.

5. Applicable Federal, State and local telecommunications laws, rules and policies.

6. Such other factors as may demonstrate that the continued grant to use the public ways will serve the community interest. (Amd. Ord. 4862, 9-18-00)

N. Obligation To Cure As A Condition Of Renewal: No franchise shall be renewed until any ongoing violations or defaults in the grantee’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 grantee has been approved by the City. (Ord. 4717, 4-27-98; amd. Ord. 4862, 9-18-00)

5-19-6 CABLE COMMUNICATIONS SYSTEM:

(Refer to Chapter 5-17 of this Title). (Ord. 4717, 4-27-98)

5-19-7 FEES AND COMPENSATION:

A. Purpose: It is the purpose of this Section to provide for the payment and recovery of all direct and indirect costs and expenses of the City related to the enforcement and administration of this Chapter.

B. Application And Review Fee:

1. Any applicant for a license or franchise pursuant to Sections 5-19-4 or 5-19-5 of this Chapter shall pay a fee pursuant to Chapter 5-1, Fee Schedule, of this Title.

2. The application and nonrefundable review fee shall be deposited with the City as part of the application filed pursuant to Sections 5-19-4 or 5-19-5 of this Chapter.

C. Other City Costs: All license or franchise grantees shall, within thirty (30) days after written demand therefor, 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 franchise agreement.

D. Compensation For City Property: If the right is granted, by lease, license, franchise or other manner, to use and occupy City property for the installation of telecommunications facilities, the compensation to be paid shall be fixed by the City.

E. Construction Permit Fee: Prior to issuance of a construction permit, the permittee shall pay a nonrefundable permit fee of $50.00. In addition, the permittee shall reimburse the City for all direct and indirect costs and expenses incurred by the City in connection with the review and inspection of the telecommunication facilities.

F. Cable Fees: Cable television franchises shall be subject to the franchise fees, payments and costs provided in Chapter 5-17 of this Title.

G. Regulatory Fees And Compensation Not A Tax: The regulatory fees and costs provided for in this Section are separate from, and additional to, any and all Federal, State, local and City taxes as may be levied, imposed or due from a telecommunications carrier or provider, its customers or subscribers, or on account of the lease, sale, delivery or transmission of telecommunications services. (Ord. 4717, 4-27-98; amd. Ord. 4862, 9-18-00)

5-19-8 CONDITIONS OF GRANT:

A. Location Of Facilities: All facilities shall be constructed, installed and located in accordance with the following terms and conditions, unless otherwise specified in a franchise agreement:

1. A grantee shall install its telecommunications facilities within an existing underground duct or conduit whenever excess capacity exists within such utility facility.

2. A grantee with permission to install overhead facilities shall install its telecommunications facilities on pole attachments to existing utility poles only, and then only if surplus space is available.

3. Whenever any existing electric utilities, cable facilities or telecommunications facilities are located underground within a public way of the City, a grantee with permission to occupy the same public way must also locate its telecommunications facilities underground unless the telecommunications provider has obtained a waiver from the Community and Economic Development Administrator. (Ord. 5450, 3-2-09)

4. Whenever any new or existing electric utilities, cable facilities or telecommunications facilities are located or relocated underground within a public way of the City, a grantee that currently occupies the same public way shall relocate its facilities underground within a reasonable period of time, which shall not be later than the end of the grant term. Absent extraordinary circumstances or undue hardship as reasonably determined by the City, such relocation shall be made concurrently to minimize the disruption of the public ways.

B. Compliance With Washington State Law: All franchise grantees shall, before commencing any construction in the public ways, comply with all regulations of Washington State Law contained in RCW 19.122, Underground Facilities, and with all regulations adopted thereunder.

C. Construction Permits: All franchise grantees are required to obtain construction permits for telecommunications facilities as required in Section 5-19-9 of this Chapter. However, nothing in this Section shall prohibit the City and a grantee from agreeing to alternative plan review, permit and construction procedures in a franchise agreement, provided such alternative procedures provide substantially equivalent safeguards for responsible construction practices.

D. Interference With The Public Ways: No franchise grantee may locate or maintain its telecommunications facilities so as to unreasonably interfere with the use of the public ways by the City, by the general public or by other persons authorized to use or be present in or upon the public ways. All such facilities shall be moved by the grantee, temporarily or permanently, as determined by the City.

E. Damage To Property: No franchise grantee nor any person acting on a grantee’s behalf shall take any action or permit any action to be done which may impair or damage any City property, public ways of the City, other ways or other property located in, on or adjacent thereto.

F. Repair And Emergency Work: In the event of an unexpected repair or emergency, a grantee may commence such repair and emergency response work as required under the circumstances, provided the grantee shall notify the City as promptly as possible, before such repair or emergency work or as soon thereafter as possible if advance notice is not practicable.

G. Maintenance Of Facilities: Each franchise grantee shall maintain its facilities in good and safe condition and in a manner that complies with all applicable Federal, State and local requirements.

H. Relocation Or Removal Of Facilities:

1. The City may require service providers to relocate authorized facilities within the right-of-way when reasonably necessary for construction, alteration, repair, or improvement of the right-of-way for purposes of public welfare, health or safety.

2. The City shall notify service providers as soon as practicable of the need for relocation and shall specify the date by which relocation shall be completed. In calculating the date that relocation must be completed, the City shall consult with affected service providers and consider the extent of facilities to be relocated, the service requirements, and the construction sequence for the relocation, within the City’s overall project construction sequence and constraints, to safely complete the relocation. Service providers shall complete the relocation by the date specified, unless the City, or a reviewing court, establishes a later date for completion, after a showing by the service provider that the relocation cannot be completed by the date specified using best efforts and meeting safety and service requirements.

3. Service providers may not seek reimbursement for their relocation expenses from the City under subsection H1 of this Section except:

a. Where the service provider had paid for the relocation cost of the same facilities at the request of the City within the past five years, the service provider’s share of the cost of relocation will be paid by the City;

b. Where aerial to underground relocation of authorized facilities is required by the City under subsection H1 of this Section, for service providers with an ownership share of the aerial supporting structures, the additional incremental cost of underground compared to aerial relocation, or as provided for in the approved tariff if less, will be paid by the City; and

c. Where the City requests relocation under subsection H1 of this Section solely for aesthetic purposes, unless otherwise agreed to by the parties.

4. Where a project in subsection H1 of this Section is primarily for private benefit, the private party or parties shall reimburse the cost of relocation in the same proportion to their contribution to the costs of the project.

5. The City may require the relocation of facilities at the service provider’s expense in the event of an unforeseen emergency that creates an immediate threat to the public safety, health, or welfare.

I. Removal Of Unauthorized Facilities: Within thirty (30) days following written notice from the City, any grantee, telecommunications carrier, or other person that owns, controls or maintains any unauthorized telecommunications system, facility or related appurtenances within the public ways of the City shall, at its own expense, remove such facilities or appurtenances from the public ways of the City. A telecommunications system or facility is unauthorized and subject to removal in the following circumstances:

1. Upon expiration or termination of the grantee’s telecommunications franchise.

2. Upon abandonment of a facility within the public ways of the City.

3. If the system or facility was constructed or installed without the prior grant of a telecommunications franchise.

4. If the system or facility was constructed or installed without the prior issuance of a required construction permit.

5. If the system or facility was constructed or installed at a location not permitted by the grantee’s telecommunications franchise.

J. Emergency Removal Or Relocation Of Facilities: The City retains the right and privilege to cut or move any telecommunications facilities located within the public ways of the City, as the City may determine to be necessary, appropriate or useful in response to any public health or safety emergency.

K. Damage To Grantee’s Facilities: Unless directly and proximately caused by the willful, intentional or malicious acts by the City, the City shall not be liable for any damage to or loss of any telecommunications facility within the public ways of the City as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work of any kind in the public ways by or on behalf of the City.

L. Restoration Of Public Ways, Other Ways And City Property:

1. When a franchise grantee, or any person acting on its behalf, does any work in or affecting any public ways, other ways or City property, it shall, at its own expense, promptly remove any obstructions therefrom and restore such ways or property to as good a condition as existed before the work was undertaken, unless otherwise directed by the City. All pavement restoration shall be per City of Renton Trench Restoration Policies.

2. If weather or other conditions do not permit the complete restoration required by this Section, the grantee shall temporarily restore the affected ways or property. Such temporary restoration shall be at the grantee’s sole expense and the grantee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration.

3. A grantee or other person acting in its behalf shall use suitable barricades, flags, flagmen, lights, flares and other measures as required for the safety of all members of the general public and to prevent injury or damage to any person, vehicle or property by reason of such work in or affecting such ways or property.

4. A grantee shall be responsible for all work by their contractor meeting the requirements of the Manual on Uniform Traffic Control Devices (MUTCD) for all work within the public right-of-ways.

M. Facilities Maps: Each franchise grantee shall provide the City with an accurate map or maps certifying the location of all telecommunications facilities within the public ways. Each grantee shall provide updated maps annually if any changes have been made to grantee’s facilities.

N. Duty To Provide Information: Within ten (10) days of a written request from the City, each franchise grantee shall furnish the City with information sufficient to demonstrate:

1. That grantee has complied with all requirements of this Chapter.

2. That all municipal sales, message and/or telecommunications taxes due the City in connection with the telecommunications services and facilities provided by the grantee have been properly collected and paid by the grantee.

3. All books, records, maps and other documents, maintained by the grantee with respect to its facilities within the public ways, shall be made available for inspection by the City at reasonable times and intervals.

O. Grantee Insurance: Unless otherwise provided in a franchise agreement, each grantee shall, as a condition of the grant, secure and maintain the following liability insurance policies insuring both the grantee and the City, and its elected and appointed officers, officials, agents and employees as co-insureds:

1. Comprehensive general liability insurance with limits not less than:

a. Five million dollars ($5,000,000) for bodily injury or death to each person;

b. Five million dollars ($5,000,000) for property damage resulting from any one accident; and

c. Five million dollars ($5,000,000) for all other types of liability.

2. Automobile liability for owned, non-owned and hired vehicles with a limit of three million dollars ($3,000,000) for each person and three million dollars ($3,000,000) for each accident.

3. Worker’s compensation within statutory limits and employer’s liability insurance with limits of not less than one million dollars ($1,000,000).

4. Comprehensive form premises-operations, explosions and collapse hazard, underground hazard and products completed hazard with limits of not less than three million dollars ($3,000,000).

5. The liability insurance policies required by this Section shall be maintained by the grantee throughout the term of the telecommunications franchise, and such other period of time during which the grantee is operating without a franchise hereunder, or is engaged in the removal of its telecommunications facilities. Each such insurance policy shall contain the following endorsement:

“It is hereby understood and agreed that this policy may not be canceled nor the intention not to renew be stated under 45 days after receipt by the City, by registered mail, of a written notice addressed to the City Clerk of such intent to cancel or not to renew.”

6. After receipt by the City of said notice, and in no event later than ten days prior to said cancellation, the grantee shall obtain and furnish to the City replacement insurance policies meeting the requirements of this Section.

P. General Indemnification: Each franchise agreement shall include, to the extent permitted by law, grantee’s express undertaking to defend, indemnify and hold the City and its officers, employees, agents and representative harmless from and against any and all damages, losses and expenses, including reasonable attorney’s fees and costs of suit or defense, arising out of, resulting from or alleged to arise out of operation of grantee’s facilities or result from the negligent, careless or wrongful acts, omissions, failures to act or misconduct of the grantee or its affiliates, officers, employees, agents, contractors or subcontractors in the construction, operation, maintenance, repair or removal of its telecommunications facilities, and in providing or offering telecommunications services over the facilities or network, whether such acts or omissions are authorized, allowed or prohibited by this Chapter or by a grant agreement made or entered into pursuant to this Chapter.

Q. Performance And Construction Surety: Before a franchise granted pursuant to this Chapter is effective, and as necessary thereafter, the grantee shall provide and deposit such monies, bonds, letters of credit or other instruments in form and substance acceptable to the City as may be required by this Chapter or by an applicable franchise agreement.

R. Construction And Completion Bond: Unless otherwise provided in a franchise agreement, a performance bond written by a corporate surety acceptable to the City equal to at least 100% of the estimated cost of constructing grantee’s telecommunications facilities within the public ways of the City shall be deposited before construction is commenced.

1. The construction bond shall remain in force until sixty (60) days after substantial completion of the work, as determined by the City, including restoration of public ways and other property affected by the construction.

2. The construction bond shall guarantee, to the satisfaction of the City:

a. Timely completion of construction;

b. Construction in compliance with applicable plans, permits, technical codes and standards;

c. Proper location of the facilities as specified by the City;

d. Restoration of the public ways and other property affected by the construction;

e. The submission of “as-built” drawings after completion of the work as required by this Chapter; and

f. Timely payment and satisfaction of all claims, demands or liens for labor, material or services provided in connection with the work.

S. Coordination Of Construction Activities: All grantees are required to cooperate with the City and with each other.

1. By February 1 of each year, grantees shall provide the City with a detailed schedule of their proposed construction activities in, around or that may affect the public ways.

2. Each grantee shall meet with the City, other grantees and users of the public ways annually or as determined by the City to schedule and coordinate construction in the public ways.

3. All construction locations, activities and schedules shall be coordinated, as reasonably ordered by the City, to minimize public inconvenience, disruption or damages.

4. The City of Renton conducts both an annual pavement overlay program and a 6-year transportation improvement program for the repair and improvement of city streets. The city publishes updates to these programs annually. It is the City’s intent that newly paved streets not be excavated or damaged within five years of pavement installation. It is therefore the grantee’s responsibility to obtain the city’s annual publications regarding the pavement overlay program and the 6-year transportation improvement program, and to schedule any system expansions or programmed maintenance operations in such a way as to avoid disturbing pavement within five years of installation. The City of Renton reserves the right to withhold issuance of permits for planned expansion or maintenance activities that will damage pavement within five years of its installation.

T. Assignments Or Transfers Of Grant: Ownership or control of a telecommunications system, license or franchise may not, directly or indirectly, be transferred, assigned or disposed of by sale, lease, merger, consolidation or other act of the grantee, by operation of law or otherwise, without the prior written consent of the City, which consent shall not be unreasonably withheld or delayed, as expressed by ordinance and then only on such reasonable conditions as may be prescribed therein.

1. No grant shall be assigned or transferred in any manner within twelve (12) months after the initial grant of the franchise, unless otherwise provided in a franchise agreement.

2. Absent extraordinary and unforeseeable circumstances, or an emergency declared by the City, no grant, system or integral part of a system shall be assigned or transferred before construction of the telecommunications system has been completed.

3. Grantee and the proposed assignee or transferee of the grant or system shall provide and certify the following information to the City not less than ninety (90) days prior to the proposed date of transfer:

a. Complete information setting forth the nature, terms and condition of the proposed transfer or assignment;

b. All information required of a telecommunications license or franchise applicant pursuant to Sections 5-19-4 or 5-19-5 of this Chapter with respect to the proposed transferee or assignee; and

c. Any other information reasonably required by the City.

4. No transfer shall be approved unless the assignee or transferee has the legal, technical, financial and other requisite qualifications to own, hold and operate the telecommunications system pursuant to this Chapter.

5. Unless otherwise provided in a franchise agreement, the grantee shall reimburse the City for all direct and indirect fees, costs, and expenses reasonably incurred by the City in considering a request to transfer or assign a telecommunications license or franchise.

6. Any transfer or assignment of a telecommunications grant, system or integral part of a system without prior approval of the City under this Section or pursuant to a franchise agreement shall be void and is cause for revocation of the grant.

U. Revocation or Termination of Grant: A franchise granted by the City to use or occupy public ways of the City may be revoked for the following reasons:

1. Construction or operation in the City or in the public ways of the City without a franchise grant of authorization.

2. Construction or operation at an unauthorized location.

3. Unauthorized substantial transfer of control of the grantee.

4. Unauthorized assignment of a franchise.

5. Unauthorized sale, assignment or transfer of grantee’s franchise assets, or a substantial interest therein.

6. Misrepresentation or lack of candor by or on behalf of a grantee in any application to the City.

7. Abandonment of telecommunications facilities in the public ways.

8. Failure to relocate or remove facilities as required in this Chapter.

9. Failure to pay taxes, compensation, fees or costs when and as due the City.

10. Violation of material provisions of this Chapter.

11. Violation of the material terms of a franchise agreement.

V. Notice And Duty To Cure: In the event that the City believes that grounds exist for revocation of a franchise, it shall give the grantee written notice of the apparent violation or noncompliance, providing a short and concise statement of the nature and general facts of the violation or noncompliance, and providing the grantee a reasonable period of time not exceeding thirty (30) days to furnish evidence:

1. That corrective action has been or is being actively and expeditiously pursued to remedy the violation or noncompliance.

2. That rebuts the alleged violation or noncompliance.

3. That it would be in the public interest to impose some penalty or sanction less than revocation.

W. Hearing: In the event that a grantee fails to provide evidence reasonably satisfactory to the City as provided in subsection V of this section, the City shall refer the apparent violation or noncompliance to the City Council. The City Council shall provide the grantee with written notice and a reasonable opportunity to be heard concerning the matter.

X. Standards For Revocation Or Lesser Sanctions: If persuaded that the grantee has violated or failed to comply with material provisions of this Chapter, or of a franchise agreement, the City Council shall determine whether to revoke the license or franchise, or to establish some lesser sanctions and cure, considering the nature, circumstances, extent and gravity of the violation as reflected by one or more of the following factors:

1. Whether the misconduct was egregious.

2. Whether substantial harm resulted.

3. Whether the violation was intentional.

4. Whether there is a history of prior violations of the same or other requirements.

5. Whether there is a history of overall compliance.

6. Whether the violation was voluntarily disclosed, admitted or cured. (Ord. 4717, 4-27-98; amd. Ord. 4862, 9-18-00)

5-19-9 CONSTRUCTION STANDARDS:

A. General: No person shall commence or continue with the construction, installation or operation of telecommunications facilities within the City except as provided in this Section.

B. Construction Codes: Telecommunications facilities shall be constructed, installed, operated and maintained in accordance with all applicable Federal, State and local codes, rules and regulations including the National Electrical Safety Code.

C. Construction Permits: No person shall construct or install any telecommunications facilities within the City without first obtaining a construction permit therefor, provided, however:

1. No permit shall be issued for the construction or installation of telecommunications facilities in the public ways unless the telecommunications carrier has applied for and received a franchise pursuant to Section 5-19-5 of this Chapter.

2. No permit shall be issued for the construction or installation of telecommunications facilities without payment of the construction permit fee established in Section 5-19-7 of this Chapter.

D. Applications: Applications for permits to construct telecommunications facilities shall be submitted upon forms to be provided by the City and shall be accompanied by drawings, plans and specifications in sufficient detail to demonstrate:

1. That the facilities will be constructed in accordance with all applicable codes, rules and regulations.

2. The location and route of all facilities to be installed on existing utility poles.

3. The location and route of all facilities to be located under the surface of the ground, including the line and grade proposed for the burial at all points along the route which are within the public ways.

4. The location of all existing underground utilities, conduits, ducts, pipes, mains and installations which are within the public ways along the underground route proposed by the applicant.

5. The location of all other facilities to be constructed in the City, but not within the public ways.

6. The construction methods to be employed for protection of existing structures, fixtures, and facilities within or adjacent to the public ways.

7. The location, dimension and types of all trees within or adjacent to the public ways along the route proposed by the applicant, together with a landscape plan for protecting, trimming, removing, replacing and restoring any trees or areas to be disturbed during construction.

8. Work with City streets shall be accomplished through boring rather than open trenching whenever reasonably feasible.

E. Engineer’s Certification: All permit applications shall be accompanied by the certification of a registered professional engineer that the drawings, plans and specifications submitted with the application comply with applicable technical codes, rules and regulations.

F. Traffic Control Plan:

1. All permit applications which involve work on, in, under, across or along any public ways shall be accompanied by a traffic control plan demonstrating the protective measures and devices that will be employed, consistent with Uniform Manual of Traffic Control Devices, to prevent injury or damage to persons or property and to minimize disruptions to efficient pedestrian and vehicular traffic.

2. The grantee shall be responsible for notifying the Valley Communication Center for any street closures, a minimum of 24 hours prior to said closure.

G. Issuance Of Permit: Within thirty (30) days after submission of all plans and documents required of the applicant and payment of the permit fees required by this Chapter, the City, if satisfied that the application, plans and documents comply with all requirements of this Chapter, shall issue a permit authorizing construction of the facilities, subject to such further conditions, restrictions or regulations affecting the time, place and manner of performing the work as may be deemed necessary or appropriate.

H. Construction Schedule: The permittee shall submit a written construction schedule to the City ten (10) working days before commencing any work in or about the public ways. The permittee shall further notify the City not less than two working days in advance of any excavation or work in the public ways.

I. Compliance With Permit: All construction practices and activities shall be in accordance with the permit and approved final plans and specifications for the facilities. City representatives shall be provided reasonable access to the work and such further reasonable information as they may require to ensure compliance with such requirements.

J. Display Of Permit: The permittee shall maintain a copy of the construction permit and approved plans at the construction site, which shall be displayed and made available for inspection by the City at all times when construction work is occurring.

K. Survey Of Underground Facilities: If the construction permit specifies the location of facilities by depth, line, grade, proximity to other facilities or other standard, the permittee shall cause the location of such facilities to be verified by a registered Washington land surveyor. The permittee shall relocate any facilities which are not located in compliance with permit requirements.

L. Noncomplying Work: Upon order of the City, all work which does not comply with the permit, the approved plans and specifications for the work, or the requirements of this Chapter shall be removed.

M. Completion Of Construction: The permittee shall promptly complete all construction activities so as to minimize disruption of the City ways and other public and private property. All construction work authorized by a permit within City ways, including restoration, must be completed within 180 days of the date of issuance.

N. As-Built Drawings: Within sixty (60) days after completion of construction and restoration, the permittee shall furnish the City with two complete sets of plans, drawn to scale and certified to the City as accurately depicting the location of all telecommunications facilities constructed pursuant to the permit.

O. Restoration Of Improvements: Upon completion of any construction work, the permittee shall promptly repair any and all public ways and provide property improvements, fixtures, structures and facilities in the public ways or otherwise damaged during the course of construction, restoring the same as nearly as practicable to its condition before the start of construction. All pavement restoration shall be in compliance with City of Renton Trench Restoration Policies.

P. Landscape Restoration:

1. All trees, landscaping and grounds removed, damaged or disturbed as a result of the construction, installation, maintenance, repair or replacement of telecommunications facilities, whether such work is done pursuant to a franchise, license or permit, shall be replaced or restored as nearly as may be practicable to the condition existing prior to performance of work.

2. All restoration work within the public ways shall be done in accordance with landscape plans approved by the City.

Q. Construction Surety: Prior to issuance of a construction permit, the permittee shall provide a performance bond, as provided in Section 5-19-8 of this Chapter.

R. Exceptions: Unless otherwise provided in a franchise agreement, all telecommunications carriers are subject to the requirements of this Section.

S. Responsibility Of Owner: The owner of the facilities to be constructed and, if different, the license or franchise grantee are responsible for performance of and compliance with all provisions of this Section. (Ord. 4717, 4-27-98; amd. Ord. 4862, 9-18-00)

5-19-10 MISCELLANEOUS:

A. Limitations On Time Of Work: Whenever construction, installation or repair of any facilities installed, maintained or repaired under this Chapter occurs adjacent to or within 200 feet of any residential structure, then such construction, installation or repair must be done between the hours of 8:00 a.m. and 10:00 p.m. Monday to Friday, or 9:00 a.m. to 6:00 p.m. Saturday. No work shall be done on Sunday. These hours may be extended by the Administrator of the Department of Community and Economic Development upon a showing of an emergency satisfactory to the Administrator. (Ord. 5450, 3-2-09)

B. Siting Of Above-Ground Enclosures: Any above-ground enclosure constructed or installed or any such enclosure replaced or substantially rebuilt (installed) during the term of any franchise, when adjacent to a single family residence, and such enclosure on any one face is greater than four feet shall be installed only after notice and siting of such enclosure pursuant to this Section.

Prior to installation, grantee shall give two notices to the resident(s) of the single family residence and, if the resident(s) is not the owner, to the owner. The first notice shall be not more than 30 days or less than ten days prior to installation. The notice shall identify where the installation is planned in relationship to the single family residence and identifying relationship and distance to any distinguishing landmarks and any screening devices installed or intended to be installed. The notice shall offer the resident(s) and/or owner the opportunity to negotiate with the grantee concerning location of the enclosure and include the name and telephone number of an agent or employee of grantee that will be available to undertake such negotiations during regular business hours. The second notice shall be given not more than ten days or less than five days prior to the installation, but no sooner than five days after the first notice. The second notice shall contain the same information as the first notice. The Administrator of the Department of Community and Economic Development or his or her designee may modify these timeframes upon a showing by the grantee of need unless such modification would work a substantial hardship on the notice procedure.

The grantee will locate the installation where requested by the resident(s) and/or owner unless such location would be impracticable or substantially more expensive than the planned location. If the resident(s) and owner request different locations, the grantee shall give precedence to the location requested by the owner. (Ord. 5450, 3-2-09)

C. Advance Notice By City Of Rights-of-Way Openings: In order to facilitate the scheduling and coordination of work in the right-of-way, the City shall provide as much advance notice as reasonable of plans to open the right-of-way to those service providers who are current users of the right-of-way or who have filed notice with the City within the past twelve months of their intent to place facilities in the City. The City is not liable for damages for failure to provide this notice. Where the City has failed to provide notice of plans to open the right-of-way consistent with this subsection, the City may not deny a construction permit to a service provider on the basis that the service provider failed to coordinate with another project.

D. Police Powers: In accepting any franchise, a grantee acknowledges that its rights hereunder are subject to the legitimate rights of the police power of the City to adopt and enforce general ordinances necessary to protect the safety and welfare of the public, and it agrees to comply with all applicable general laws enacted by the City pursuant to such power, so long as such regulations do not materially increase the burden or impair the rights of the franchise hereunder.

E. Rights-of-Way Vacation: If the City vacates a right-of-way which contains the equipment of a grantee, the City shall reserve to and for itself and all grantees having equipment in the vacated right-of-way the right to install, maintain and operate any equipment in the vacated right-of-way and to enter upon such right-of-way at any time for the purpose of operating, reconstructing, inspecting, maintaining or repairing the same.

If the vacation requires the relocation of grantee or permittee equipment, and (a) if the vacation proceedings are initiated by the grantee or permittee, the grantee or permittee must pay the relocation costs; or (b) if the vacation proceedings are initiated by the City or other person or persons, the grantee or permittee must pay the relocation costs unless otherwise agreed to by the City, the grantee or permittee, and such other person or persons.

F. Penalties: Any person found guilty of violating, disobeying, omitting, neglecting or refusing to comply with any of the provisions of this Chapter shall be fined not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00) for each offense. A separate and distinct offense shall be deemed committed each day on which a violation occurs or continues.

G. Other Remedies: Nothing in this Chapter shall be construed as limiting any judicial remedies that the City may have, at law or in equity, for enforcement of this Chapter.

H. Severability: If any section, subsection, sentence, clause, phrase, or other portion of this Chapter, or its application to any person, is, for any reason, declared invalid, in whole or in part by any court or agency of competent jurisdiction, said decision shall not affect the validity of the remaining portions hereof. (Ord. 4717, 4-27-98; amd. Ord. 4862, 9-18-00)

Code Reviser’s Note: Ord. 4717 added this chapter as Chapter 18. It has been editorially renumbered to avoid duplication of chapter numbering.

CHAPTER 19TELECOMMUNICATIONS LICENSES AND FRANCHISES1