Chapter 11.06
TELECOMMUNICATIONS MASTER PERMIT
Sections:
11.06.010 Telecommunications master permit.
11.06.020 Master permit application.
11.06.030 Determination by the city.
11.06.060 Term of master permit grant.
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.
11.06.160 Annual fee for recovery of city costs.
11.06.180 Existing franchises.
11.06.010 Telecommunications master permit.
A telecommunications master permit shall be required of any service provider or person who seeks to construct, operate, and/or maintain networks or systems used to provide telecommunications service to any person or area in the city. A telecommunications master permit shall not be required of any franchised cable operator with respect to the provision of cable service. The requirement for a telecommunications master permit may be waived by the city for any cable operator that is also providing telecommunications services so long as the city shall not unreasonably discriminate among providers of cable services in the decisions regarding such waivers. In addition, with the approval of the director, a telecommunications right-of-way use authorization may be substituted for a telecommunications 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. O2018-025, Amended, 12/18/2018; Ord. O2011-002, Amended, 03/01/2011; Ord. O2000-023, Amended, 04/03/2001; Ord. O97-021, Added, 07/21/1998)
11.06.020 Master permit application.
Any person who desires a master permit pursuant to this title shall file an application with the city’s community development department, which shall include the following:
A. Whether the applicant intends to provide cable service, other multi-channel video programming service, or telecommunications 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. The area or areas of the city the applicant desires to serve and a schedule for build-out to the entire master permit area;
D. Applicant’s written representation of its agreement to comply with all applicable provisions of the TMC and any regulations promulgated thereunder, including without limitation, to remove and relocate any of its facilities, at no cost to the city, when in the city’s determination, relocation is required to accommodate a public project;
E. All fees or charges required pursuant to this title; and
F. An application fee, which shall be set by the city council by resolution.
(Ord. O2018-025, Amended, 12/18/2018; Ord. O2011-002, Amended, 03/01/2011; Ord. O2000-023, Amended, 04/03/2001; Ord. O97-021, Added, 07/21/1998)
11.06.030 Determination by the city.
Within one hundred twenty days after receiving a complete application under TMC 11.06.020, 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 cannot reasonably act within the one-hundred-twenty-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 a shorter time period, the service provider shall advise the city 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 shall reasonably cooperate to meet the request where practicable. 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 right-of-way 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 potential for damage or disruption of public or private facilities, improvements, service, travel, or landscaping if the master permit is granted;
E. The applicant’s proposal for minimizing the cost and disruption of construction within the right-of-way;
F. Applicant’s proposed compliance with all applicable city codes and regulations, including without limitation, 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, and where applicable, other communications 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 days to seek relief, which shall be limited to injunctive relief.
(Ord. O2018-025, Amended, 12/18/2018; Ord. O2000-023, Amended, 04/03/2001; Ord. O97-021, Added, 07/21/1998)
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 setting forth the particular terms and provisions under which the master permittee has been granted the right to occupy and use rights-of-way. If the city determines it is in the public interest, the city and a master permittee may enter into an agreement that differs from one or more specific provisions of this chapter. Master permits granted pursuant to this chapter 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. O2018-025, Amended, 12/18/2018; Ord. O2000-023, Amended, 04/03/2001; Ord. O97-021, Added, 07/21/1998)
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 for delivery of telecommunications service or any other exclusive purposes.
(Ord. O2018-025, Amended, 12/18/2018; Ord. O2000-023, Amended, 04/03/2001; Ord. O97-021, Added, 07/21/1998)
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 years.
(Ord. O2018-025, Amended, 12/18/2018; Ord. O2000-023, Amended, 04/03/2001; Ord. O97-021, Added, 07/21/1998)
11.06.070 Right granted.
No master permit granted under this chapter shall convey any right, title, or interest in the right-of-way, but it 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. O2018-025, Amended, 12/18/2018; Ord. O2000-023, Amended, 04/03/2001; Ord. O97-021, Added, 07/21/1998)
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. O2018-025, Amended, 12/18/2018; Ord. O2000-023, Amended, 04/03/2001; Ord. O97-021, Added, 07/21/1998)
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. O2018-025, Amended, 12/18/2018; Ord. O2000-023, Amended, 04/03/2001; Ord. O97-021, Added, 07/21/1998)
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 rights-of-way which are not included in a master permit previously granted under this chapter.
(Ord. O2018-025, Amended, 12/18/2018; Ord. O2000-023, Amended, 04/03/2001; Ord. O97-021, Added, 07/21/1998)
11.06.120 Renewal application.
A master permittee that desires to renew its master permit under this chapter for an additional term shall file, not more than one hundred eighty days nor less than one hundred twenty days before expiration of the current master permit, an application with the city for renewal of its master permit, which shall include the following:
A. The information required pursuant to TMC 11.06.020;
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. O2018-025, Amended, 12/18/2018; Ord. O2000-023, Amended, 04/03/2001; Ord. O97-021, Added, 07/21/1998)
11.06.130 Renewal determination.
Within one hundred twenty days after receiving a complete application for renewal under TMC 11.06.120, 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 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 nonrenewal.
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 this title and the master permit agreement.
C. Applicable federal, state, and local laws, rules, and policies.
(Ord. O2018-025, Amended, 12/18/2018; Ord. O2000-023, Amended, 04/03/2001; Ord. O97-021, Added, 07/21/1998)
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 this title, have been cured, or a plan detailing the corrective action to be taken by the master permittee has been approved by the city.
(Ord. O2018-025, Amended, 12/18/2018; Ord. O2000-023, Amended, 04/03/2001; Ord. O97-021, Added, 07/21/1998)
11.06.160 Annual fee for recovery of city costs.
Subject to federal law 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 fee 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. O2018-025, Amended, 12/18/2018; Ord. O2000-023, Amended, 04/03/2001; Ord. O97-021, Added, 07/21/1998)
11.06.170 Other city costs.
All master permittees shall reimburse, within thirty days after written demand, 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 reimburse, within thirty days after written demand, 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 reimburse, within thirty days after written demand, the 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. O2018-025, Amended, 12/18/2018; Ord. O2000-023, Amended, 04/03/2001; Ord. O97-021, Added, 07/21/1998)
11.06.180 Existing franchises.
Nothing in this chapter shall preempt or amend specific provisions in existing telecommunication franchises or contracts between the city and any telecommunications service provider.
(Ord. O2018-025, Amended, 12/18/2018; Ord. O2000-023, Added, 04/03/2001)