Chapter 23.05
TELECOMMUNICATIONS
Sections:
23.05.060 Cable television franchise and fees.
23.05.070 Application to existing franchise ordinances and agreements.
23.05.090 Repealed.
23.05.100 Further rules and regulations.
23.05.010 Purpose.
The purpose of this title is to:
A. Establish clear and nondiscriminatory local regulations concerning telecommunications providers and services that are consistent with Federal and State laws and regulations pertaining to telecommunications providers;
B. Minimize unnecessary local regulation of telecommunications providers and services;
C. Minimize disruptions to users of public rights-of-way by regulating the timing of, locations of, and spacing among facilities installed in rights-of-way;
D. Encourage the provision of advanced and competitive telecommunications services on the widest possible basis to the businesses, institutions and residents of the City;
E. Permit and manage reasonable access to the public rights-of-way of the City for telecommunications purposes;
F. Recognize and incorporate the changing Washington statutory framework regarding municipal regulation of service providers and rights-of- way;
G. Assure that the City’s current and ongoing costs of granting and regulating private access to and use of the public rights-of-way are fully paid by the persons seeking such access and causing such costs;
H. To the extent permitted by State and Federal law, secure fair and reasonable compensation to the City and the residents of the City, in a nondiscriminatory manner, for permitting private use of the rights-of-way;
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 responsibly protect the public health, safety and welfare;
K. Enable the City to discharge its public trust consistent with rapidly evolving Federal and State regulatory policies, industry competition and technological development.
(Ord. 360 § 1, 2002).
23.05.020 Context.
When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number.
(Ord. 360 § 1, 2002).
23.05.030 Definitions.
Terms used in this title shall have the following meanings:
“Affiliate” means a person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with another person.
“Cable Acts” means the Cable Communications Policy Act of 1984, as amended by the Cable Television Consumer Protection and Competition Act of 1992, as amended by portions of the Telecommunications Act of 1996, and as hereafter amended.
“Cable operator” means a telecommunications carrier providing or offering to provide “cable service” within the City as that term is defined in the Cable Acts.
“Cable television service” means the one-way transmission to subscribers of video programming and other programming service and subscriber interaction, if any, that is required for the selection or use of the video programming or other programming service.
“Cable television service provider” means a service provider that provides cable television services within the City under a franchise.
“City” means the City of University Place.
“City property” means all real property owned by the City whether in fee ownership or other interest.
“Excess capacity” means the volume or capacity in any existing or future duct, conduit, manhole, handhole or other utility facility within the right-of-way that is or will be available for use for additional telecommunications facilities.
“Facilities” means all of the plant, equipment, fixtures, appurtenances, antennas, and other facilities necessary to furnish and deliver telecommunications services and cable television services, including but not limited to poles with crossarms, poles without crossarms, wires, lines, conduits, cables, communications and signal lines and equipment, braces, guys, anchors, vaults, and all attachments, appurtenances, and appliances necessary or incidental to the distribution and use of telecommunications services and cable television services.
“FCC” or “Federal Communications Commission” means the federal administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers on a national level.
“Franchise” means the general authority granted by the City Council to a telecommunications service provider or to a cable television service provider to use City rights-of-way to provide services to locations within the City. A franchise issued by the City is a master permit within the meaning of RCW 35.99.010(3).
“Grantee” means both licensees and franchisees granted certain rights and obligations as more fully described herein.
“License” means the general authority granted by the City to a service provider to use City rights-of-way to provide telecommunications services to locations outside of the City. A license issued by the City is a master permit within the meaning of RCW 35.99.010(3).
“Occupy” means to construct, install, maintain, own, or operate telecommunications facilities located within City rights-of-way. The mere passage of electronic signals over, under, or through rights-of-way via telecommunications facilities owned by another telecommunications provider does not constitute occupying the rights-of-way.
“Overhead facilities” means utility facilities and telecommunications facilities located above the surface of the ground, including the underground supports and foundations for such facilities.
“Person” means corporations, companies, associations, joint stock companies, firms, partnerships, limited liability companies, other entities and individuals.
“Personal wireless services” means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange services, as defined by Federal laws and regulations.
“Right-of-way use permit” means the authorization by which the City grants permission to a service provider to enter and use the right-of-way at a specific location for the purpose of installing, maintaining, repairing, or removing identified facilities.
“Rights-of-way” means land acquired or dedicated for public roads and streets but does not include (A) land dedicated for roads, streets, and highways not opened and not improved for motor vehicle use by the public; (B) structures, including poles and conduits, located within the right-of-way; or (C) Federally granted railroad rights-of-way acquired under 43 U.S.C. 912, and related provisions of Federal law, that are not open for motor vehicle use.
“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 services for hire, sale, or resale to the general public. Service provider includes the legal successor to any such corporation, company, association, joint stock association, firm, partnership, person, city or town.
“State” means the State of Washington.
“Surplus space” means 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” includes 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 providing telecommunications services to locations outside the City.
“Telecommunications service” means the transmission of information, except cable television service, by wire, radio, optical cable, electromagnetic, or other similar means, for hire, sale, or resale to the general public. For the purposes of definition “information” means knowledge or intelligence represented by any form of writing, signs, signals, pictures, sounds, or any other symbols. Telecommunications service excludes the over-the-air transmission of broadcast television or broadcast radio signals.
“Telecommunications service provider” includes 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, except cable television service, to residents, businesses or other locations within the City.
“Underground facilities” means utility and telecommunications facilities located under the surface of the ground, excluding the underground foundations or supports for overhead facilities.
“Usable space” means 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 facilities” means 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 rights-of-way and used or to be used for the purpose of providing utility or telecommunications services.
“Washington Utilities and Transportation Commission” or “WUTC” means the State administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers in the State of Washington to the extent prescribed by law.
(Ord. 360 § 1, 2002).
23.05.040 License and fees.
Except as otherwise provided herein, any telecommunications carrier who desires to construct, install, operate, maintain or otherwise locate facilities in City rights-of-way for the purpose of providing telecommunications service to persons and areas outside the City shall first obtain a license granting the use of such rights-of-way from the City pursuant to this title and pay all the fees as provided herein.
(Ord. 360 § 1, 2002).
23.05.050 Franchise and fees.
Except as otherwise provided by applicable Federal or State law or regulation, any telecommunications carrier who desires to construct, install, operate, maintain or otherwise locate telecommunications facilities in rights-of-way and to also provide telecommunications service to persons or areas in the City shall first obtain a franchise granting the use of such rights-of-way from the City pursuant to this title and pay all the fees as provided herein.
(Ord. 360 § 1, 2002).
23.05.060 Cable television franchise and fees.
Except as otherwise provided herein, any cable television service provider who desires to construct, install, operate, maintain or locate facilities in rights-of-way for the purpose of providing cable television services shall first obtain a cable television franchise from the City pursuant to this title and pay all the fees as provided herein and in the cable franchise.
(Ord. 360 § 1, 2002).
23.05.070 Application to existing franchise ordinances and agreements.
Except as provided in Chapter 23.35 UPMC, which regulates construction of telecommunications facilities, this title shall have no effect on:
A. Any existing franchise agreement until:
1. The expiration of said franchise agreement; or
2. An amendment to an unexpired franchise agreement, unless both parties agree to defer full compliance to a specific date not later than the present expiration date; and
B. Any telecommunications service provider that has a franchise for wireless facilities pursuant to the Washington State Constitution or other Washington law.
(Ord. 360 § 1, 2002).
23.05.080 Penalties.
A. Criminal Penalties. Any person found violating, disobeying, omitting, neglecting or refusing to comply with any of the provisions of this title shall be guilty of a misdemeanor. Upon conviction, any person violating any provision of this title shall be subject to a fine of up to $1,000 or by imprisonment for a period of up to 90 days, or by both such fine and imprisonment. A separate and distinct violation shall be deemed committed each day on which a violation occurs or continues.
B. Civil Penalties. Any person who fails to comply with the provisions of this chapter is, in addition to any criminal penalties, subject to a maximum civil penalty of $500.00 for each day or portion of the day that the violation continues.
C. Other Legal Remedies. Nothing in this chapter limits the right of the City to pursue other lawful, criminal, civil or equitable remedies to abate, discontinue, correct or discourage unlawful acts under or in violation of this chapter.
(Ord. 688 § 1 (Exh. D), 2017; Ord. 360 § 1, 2002).
23.05.090 Other remedies.
Repealed by Ord. 688.
(Ord. 360 § 1, 2002).
23.05.100 Further rules and regulations.
The City Manager is authorized to establish further rules, regulations and procedures for the implementation of this title.
(Ord. 360 § 1, 2002).
23.05.110 Severability.
If any section, subsection, sentence, clause, phrase, or other portion of this title, 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. 360 § 1, 2002).