Chapter 23.15
LICENSE
Sections:
23.15.030 Determination by the City.
23.15.090 Permits to install or remove facilities at a particular location.
23.15.100 Compensation to City.
23.15.110 Service to City users.
23.15.130 Renewal applications.
23.15.140 Renewal determinations.
23.15.150 Obligation to cure as a condition of renewal.
23.15.010 License.
A. A license shall be required of any telecommunications carrier who desires to occupy any rights-of-way of the City with any facilities for the purpose of providing telecommunications services to persons or areas outside the City.
B. A license shall not be required for any telecommunications service provider: (1) that the City recognizes is exempt from wireless telecommunications service franchise or license requirements under State or Federal law; or (2) that has a telecommunications franchise with the City.
(Ord. 360 § 1, 2002).
23.15.020 Application.
Any person that desires a license hereunder shall file an application with the City Permit Center. (Ord. 360 § 1, 2002).
23.15.030 Determination by the City.
Within 120 days after receiving a complete application hereunder, the City Manager or designee shall make a determination on behalf of the City granting or denying the application in whole or in part. This 120-day period may be extended if City Council action on a pending application cannot reasonably be obtained within 120 days. If the application is denied, the written determination shall include the reasons for denial. The following standards shall apply when determining to grant or deny the application:
A. The financial and technical ability of the applicant to construct, maintain and operate the facilities so as not to impair the public’s right to use the right-of-way.
B. The licensee’s ability to post bonds or other appropriate financial guarantees to secure obligations arising from the license agreement.
C. The capacity of the rights-of-way to accommodate the applicant’s facilities.
D. The capacity of the rights-of-way to accommodate additional utility and telecommunications facilities if the application is granted.
E. The damage or disruption, if any, of public or private facilities, improvements, service, travel or landscaping if the application is granted, giving consideration to an applicant’s willingness and ability to mitigate and/or repair same.
F. The public interest in minimizing the cost and disruption of construction within the rights-of-way.
G. The effect, if any, on general public health, safety and welfare if the application is granted.
H. The availability of alternate routes or locations for the proposed facilities.
I. Applicable federal, state and local laws, regulations, rules and policies.
(Ord. 360 § 1, 2002).
23.15.040 Agreement.
No license granted hereunder shall be effective until the applicant and the city have executed a written agreement setting forth the particular items and provisions under which the license to occupy and use rights-of-way will be granted and said agreement is properly recorded pursuant to Washington law.
(Ord. 360 § 1, 2002).
23.15.050 Nonexclusive grant.
No license granted hereunder shall confer any exclusive right, privilege or license to occupy or use the rights-of-way for delivery of telecommunications services or any other purposes.
(Ord. 360 § 1, 2002).
23.15.060 Rights granted.
A. No license granted hereunder shall convey any right, title or interest in rights-of-way but shall be deemed a license only to use and occupy the rights-of-way for the limited purposes and term stated in the grant.
B. No license granted hereunder shall authorize or excuse a licensee from securing such further easements, leases, right-of-way use permit, or other required approval to lawfully occupy and use rights-of-way.
C. No license granted hereunder shall be construed as any warranty of title.
(Ord. 360 § 1, 2002).
23.15.070 Term of grant.
Unless otherwise specified in a license agreement, a license granted hereunder shall be in effect for a term of not more than 25 years.
(Ord. 360 § 1, 2002).
23.15.080 Route.
A license granted hereunder shall be limited to a grant of specific rights-of-way and defined portions thereof, as may be indicated in the license agreement.
(Ord. 360 § 1, 2002).
23.15.090 Permits to install or remove facilities at a particular location.
A. All licensees are required to obtain construction, right-of-way use, site development, and other applicable permits and pay all fees as required by the city to install or remove facilities at a particular location.
B. The city will process right-of-way use permit applications within 30 days; provided, however, that nothing in this title shall prohibit the city and a licensee from agreeing to alternative plan review, permit and construction procedures in a license agreement designed to expedite the permitting process, provided such alternative procedures provide substantially equivalent safeguards for reasonable construction practices.
(Ord. 360 § 1, 2002).
23.15.100 Compensation to city.
To the extent permitted by state or federal law, each license granted hereunder is subject to the city’s right, which is expressly reserved, to annually fix a fair and reasonable compensation to be paid for use of property pursuant to the license; provided nothing in this title shall prohibit the city and a licensee from agreeing upon the compensation to be paid.
(Ord. 360 § 1, 2002).
23.15.110 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 franchise approval pursuant to this title.
(Ord. 360 § 1, 2002).
23.15.120 Amendment of grant.
A. A new license application and grant shall be required of any telecommunications carrier that desires to extend or locate its telecommunications facilities in rights-of-way that are not included in a license previously granted hereunder.
B. The city shall set a reasonable fee for the recovery of costs incurred in processing a license amendment.
C. If ordered by the city to locate or relocate its telecommunications facilities in rights-of-way not included in a previously granted license, the city shall grant a license amendment without further application.
(Ord. 360 § 1, 2002).
23.15.130 Renewal applications.
A licensee that desires to renew its license hereunder shall, not 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:
A. The applicable information required pursuant to the license application.
B. Any other information reasonably required by the city consistent with its obligation to manage public rights-of-way.
(Ord. 360 § 1, 2002).
23.15.140 Renewal determinations.
Within 90 days after receiving a complete application hereunder, the city council shall make a determination on behalf of the city granting or denying the renewal application in whole or in part. If the renewal application is denied, the written determination shall include the reasons for nonrenewal. The standards enumerated in UPMC 23.15.030 shall apply when determining to grant or deny the application, and a determination of the applicant’s compliance both with this title and the license agreement shall apply when determining to grant or deny a renewal application.
(Ord. 360 § 1, 2002).
23.15.150 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, of the requirements of this title and all applicable laws, statutes, codes, ordinances, rules and regulations have been cured, or a plan detailing the corrective action to be taken by the licensee has been approved by the city manager or designee.
(Ord. 360 § 1, 2002).