Division III. Telecommunications Use of Jefferson County Rights-of-Way
Chapter 13.60
TELECOMMUNICATIONS
Sections:
13.60.030 Registration and fees.
13.60.060 Cable franchise and fees.
13.60.070 Application to existing franchises.
13.60.075 Application to existing telecommunications carriers.
13.60.080 Penalties – Civil infractions.
13.60.120 Relationship to other ordinances, policies.
13.60.130 Acts at grantee’s expense.
13.60.010 Purpose.
The purpose of Chapters 13.60 through 13.92 JCC is to:
(1) Establish a local policy concerning telecommunications carriers and cable operators;
(2) Establish predictable, enforceable, clear and nondiscriminatory local guidelines, standards and time frames for the exercise of local authority with respect to the regulation of telecommunications carriers and cable operators;
(3) Manage the rights-of-way in a manner that provides fair and equitable opportunities for competition in telecommunications;
(4) Minimize unnecessary local regulation of telecommunications carriers and cable operators;
(5) Enable the provision of advanced and competitive telecommunications services and cable services on the widest possible basis to the businesses, institutions and residents of the county;
(6) Permit and manage reasonable access to the public rights-of-way of the county for telecommunications purposes on a competitively neutral basis;
(7) Conserve the limited physical capacity of the public rights-of-way held in public trust by the county;
(8) Assure that the county’s current and ongoing costs of granting and regulating private access to and use of the public rights-of-way and/or public property are fully paid by the persons seeking such access and causing such costs;
(9) Secure fair and reasonable compensation to the county and the residents of the county, in a nondiscriminatory manner, for permitting private use of the rights-of-way and/or public property;
(10) Assure that all telecommunications carriers and cable operators providing facilities or services within the county comply with the ordinances, rules and regulations of the county;
(11) Assure that the county can continue to fairly and responsibly protect the public health, safety and welfare; and
(12) Enable the county to discharge its public trust consistent with rapidly evolving federal and state regulatory policies, industry competition and technological development. [Ord. 2-00 § 1]
13.60.020 Definitions.
Terms used in Chapters 13.60 through 13.92 JCC shall have the following meanings:
(1) “Access channels” means: (a) channel capacity designated for public, educational, and governmental (PEG) use; and (b) facilities and equipment for the use of such channel capacity.
(2) “Access facilities” means materials and equipment for the use of such channel capacity.
(3) “Addressability” means the ability of a system allowing a franchisee to authorize customer terminals to receive, change or to cancel any or all specified programming.
(4) “Administrator” means the Jefferson County department of public works director or his/her designee.
(5) “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.
(6) “Applicant” means any person or entity that applies for a cable television franchise.
(7) “Basic cable subscriber service” means all signals of domestic television broadcast stations provided to any customer (except a signal secondarily transmitted by satellite carrier beyond the local service area of such station, regardless of how such signal is ultimately received by the cable system), any public, educational, and governmental programming required by the franchise to be carried on the basic tier, and any other programming placed on the basic service tier by the cable operator.
(8) “Board” means the Jefferson County board of commissioners.
(9) “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.
(10) “Cablecast” means the distribution of programming which originates within the facilities of the cable television system.
(11) “Cable operator” shall have the same meaning as defined in the Federal Cable Acts.
(12) “Cable service” shall have the same meaning as defined in the Federal Cable Acts.
(13) “Cable television facilities” means the plant, equipment, structures, and property within the county used to transmit, receive, distribute, provide or offer cable television service.
(14) “Channel” means a single path or section of the spectrum which carries a television signal.
(15) “Character generator” means a device used to generate alphanumerical programming to be cablecast on a cable channel.
(16) “County” means the municipal corporation known as County of Jefferson and/or the designated employees, representatives or agents of Jefferson County.
(17) “County property” means any real property in which the county has an ownership or possessory interest, including, but not limited to, real property (a) owned in fee simple by the county, (b) leased or tenanted by the county or (c) in which the county holds a duly recorded easement, license, permit, grant or right-of-way.
(18) “Data transmission” means (a) movement of encoded information by means of electrical or electronic transmission systems; (b) the transmission of data from one point to another over communications channels.
(19) “Dwelling units” means residential living facilities as distinguished from temporary lodging facilities such as hotel and motel rooms and dormitories, and includes single-family residential units and individual apartments, condominium units, mobile homes within mobile home parks, and other multiple-family residential units.
(20) “Emergency” means a condition of imminent danger to the health, safety, and welfare of property or persons located within the county including, without limitation, damage to persons or property from natural consequences, such as storms, earthquakes, riots or wars.
(21) “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.
(22) “FCC” or “Federal Communications Commission” means the federal administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services and cable operators on a national level.
(23) “Fiber optics” means the technology of guiding and projecting light for use as a communications medium.
(24) “Franchise” means the authorization by the county, whether such authorization, or renewal thereof, is designated as a franchise, permit, ordinance, resolution, contract, certificate or otherwise, which authorizes construction and operation of a telecommunications system for the purpose of offering cable service or other telecommunications service to subscribers.
(25) “Franchisee” means the person, firm or corporation to whom or which a franchise, as hereinabove defined, is granted by the board of county commissioners under Chapters 13.60 through 13.92 JCC and the lawful successor, transferee or assignee of said person, firm or corporation subject to such conditions as may be defined in county ordinance.
(26) “Grantee” means telecommunications carriers and cable operators granted rights and bound by obligations as more fully described herein.
(27) “Gross revenues” means any and all receipts and revenues received directly or indirectly from provision of cable service over the cable system including, but not limited to, other sources of revenues such as local and national advertising and Home Shopping Channel revenues and installation fees, except transactions related to real property receipts by a franchisee, any taxes but not fees on services furnished by a franchisee imposed on any customer or used by any governmental unit, agency or instrumentality and collected by a franchisee for such entity, and net uncorrectable debts.
(28) “Headend” means the electronic equipment located at the start of a cable system, usually including antennas, preamplifiers, frequency converters, demodulators and related equipment.
(29) “Insertion point(s)” means location(s) where institutional programming can be initiated for distribution throughout the subscriber network.
(30) “Installation” means the connection of the system from feeder cable to subscriber’s terminals.
(31) “Interactive services” means services provided to subscribers where the subscriber either (a) both receives information consisting of either television or other signals and transmits signals generated by the subscriber or equipment under his/her control for the purpose of selecting what information shall be transmitted to the subscriber or for any other purpose; or (b) transmits signals to any other location for any purpose.
(32) “Internet service provider” means a business that allows companies and individuals to connect to the Internet by providing interface to the Internet backbone in return for a fee.
(33) “Institutional networks (I-nets)” means a cable communications system designated principally for the provision of nonentertainment services to schools, public agencies or other nonprofit agencies, separate and distinct from the customer network, or on secured channels of the customer network.
(34) “License” means the authorization by the county, whether such authorization, or renewal thereof, is designated as a license, permit, ordinance, resolution, contract, certificate or otherwise, which authorizes construction and operation of a telecommunications system occupying Jefferson County right-of-way for the purpose of offering cable service or other telecommunications service to subscribers outside of Jefferson County.
(35) “Licensee” means the person (as that term is defined herein) to whom or which a license, as hereinabove defined, is granted by the board of county commissioners pursuant to the terms of Chapters 13.60 through 13.92 JCC and the lawful successor, transferee or assignee of said person, subject to such conditions as may be defined in county ordinance.
(36) “NCTA” means the National Cable Television Association.
(37) “Ordinance” means the telecommunications use of Jefferson County rights-of-way ordinance, Chapters 13.60 through 13.88 JCC.
(38) “Overhead facilities” means telecommunications and cable television facilities located above the surface of the ground, including the underground supports and foundations for such facilities.
(39) “Person” includes corporations, companies, associations, joint stock companies, firms, partnerships, limited liability companies, other entities, and individuals.
(40) “Proposal” means the response, by an individual or organization, to a request by the county regarding the provision of cable services; or an unsolicited plan submitted by an individual or organization seeking to provide cable services in the county.
(41) “Rights-of-way” includes the surface of and space above and below any real property in the county in which the county has any interest whether in fee or otherwise, or interest as a trustee for the public, as they now or hereafter exist, including, but not limited to, all public streets, highways, avenues, roads, reservoirs, alleys, sidewalks, tunnels, viaducts, bridges, skyways or any other public place, area or property under the control of the county.
(42) “Service connection” means a connection made to a telecommunications or cable television facility for the purpose of providing telecommunications or cable services.
(43) “Service repair” means a repair made to a service connection.
(44) “State” means the state of Washington.
(45) “Subscriber” means a person or entity or user of the cablecast or cable service (as those terms are defined in this section) who lawfully receives such services or other service therefrom with franchisee’s express permission.
(46) “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 regulatory agencies with applicable jurisdiction, to allow its use by a telecommunications carrier for a pole attachment.
(47) “Telecommunications carrier” includes every person that directly or indirectly owns, controls, operates or manages plant, equipment, structures, or property within the county, used or intended to be used for the purpose of offering telecommunications service.
(48) “Telecommunications facilities” means the plant, equipment and property including, but not limited to, cables, wires, conduits, ducts, pedestals, antennae, electronics, and other appurtenances used to transmit, receive, distribute, provide or offer telecommunications service.
(49) “Telecommunications service” means the providing or offering for rent, sale, 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 of any closed transmission medium.
(50) “Underground facilities” means utility or telecommunications and cable television facilities located under the surface of the ground, and associated above-ground appurtenances including but not limited to communication pedestals, and pad-mounted electrical transformers, alone or in combination, direct buried or in utility tunnels or conduits, excluding the underground foundations or supports for overhead facilities.
(51) “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 applicable orders and regulations of the WUTC.
(52) “Utility facilities” means privately, publicly or cooperatively owned 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 used for the purpose of providing utility or telecommunications services.
(53) “Utility ordinance” means the accommodation of utilities on Jefferson County rights-of-way ordinance, Chapter 13.56 JCC.
(54) “Washington Utilities and Transportation Commission” or “WUTC” means the state administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers and telecommunications services in the state of Washington to the extent prescribed by law. [Ord. 2-00 § 1]
13.60.030 Registration and fees.
Except as otherwise provided herein, all telecommunications carriers engaged in the business of transmitting, supplying or furnishing of telecommunications service originating, terminating or existing within the county shall register with the county pursuant to Chapters 13.60 through 13.92 JCC and pay all the fees as provided herein. [Ord. 2-00 § 1]
13.60.040 License and fees.
Except as otherwise provided herein, any telecommunications carrier who desires to construct, install, operate, maintain or otherwise locate telecommunications facilities in rights-of-way for the purpose of providing telecommunications service to persons and areas outside the county shall first obtain a license granting the use of such rights-of-way from the county pursuant to Chapters 13.60 through 13.92 JCC and pay all the fees as provided herein. [Ord. 2-00 § 1]
13.60.050 Franchise and fees.
Except as otherwise provided herein, 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 county, shall first obtain a franchise granting the use of such rights-of-way from the county pursuant to Chapters 13.60 through 13.92 JCC and pay all the fees as provided herein. [Ord. 2-00 § 1]
13.60.060 Cable franchise and fees.
Except as otherwise provided herein, any telecommunications carrier who desires to construct, install, operate, maintain or locate telecommunications facilities in rights-of-way for the purpose of providing cable services shall first obtain a cable television franchise from the county pursuant to Chapters 13.60 through 13.92 JCC and pay all the fees and/or taxes as provided herein and in the cable television franchise. [Ord. 2-00 § 1]
13.60.070 Application to existing franchises.
Except as otherwise provided in Chapters 13.60 through 13.92 JCC, and to the extent provided by law, Chapters 13.60 through 13.92 JCC shall have no effect on any telecommunications license, franchise or cable television franchise existing as of the date of adoption of the ordinance codified in Chapters 13.60 through 13.92 JCC until:
(1) The expiration of said license, franchise, or cable television franchise; or
(2) An amendment to an nonexpired license, franchise or cable television franchise, unless both parties agree to defer full compliance to a specific date not later than the present expiration date; or
(3) Any transaction which results in transfer of ownership or working control of the licensee, franchisee, or cable television franchisee.
Notwithstanding the foregoing, all existing telecommunications carriers shall be subject to registration requirements provided in JCC 13.64.010 within 120 days of the effective date of the ordinance codified in Chapters 13.60 through 13.92 JCC. [Ord. 2-00 § 1]
13.60.075 Application to existing telecommunications carriers.
Notwithstanding the foregoing, the requirements of Chapters 13.60 through 13.92 JCC shall apply to any telecommunications carrier or cable operator who currently occupies rights-of-way without a license, cable television franchise, franchise or other agreement with the county. Any such telecommunications carrier or cable operator shall register or apply for a license, franchise or cable television franchise as provided by Chapters 13.60 through 13.92 JCC within 120 days of the effective date of the ordinance codified in Chapters 13.60 through 13.92 JCC. [Ord. 2-00 § 1]
13.60.080 Penalties – Civil infractions.
The violation of any provision of Chapters 13.60 through 13.92 JCC is designated as a Class 1 civil infraction pursuant to Chapter 7.80 RCW. [Ord. 2-00 § 1]
13.60.090 Other remedies.
Nothing in Chapters 13.60 through 13.92 JCC shall be construed as limiting any other remedies that the county may have, at law or in equity, for enforcement of Chapters 13.60 through 13.92 JCC. Notwithstanding the existence or use of any other remedy, the prosecuting attorney’s office may seek legal or equitable relief to enjoin any acts or practices and abate any conditions which constitute or will constitute a violation of Chapters 13.60 through 13.92 JCC or other regulations herein adopted. [Ord. 2-00 § 1]
13.60.100 Administration.
The administrator is authorized to administer Chapters 13.60 through 13.92 JCC and to establish further rules, regulations and procedures for the implementation of Chapters 13.60 through 13.92 JCC. [Ord. 2-00 § 1]
13.60.110 Severability.
(1) If any section, subsection, sentence, clause, phrase, or other portion of Chapters 13.60 through 13.92 JCC, 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.
(2) If it should appear that any provision of Chapters 13.60 through 13.92 JCC is in conflict with any statutory provision of the state of Washington, said provision which may conflict therewith shall be deemed inoperative and null and void insofar as it may be in conflict therewith, and shall be deemed modified to conform to such statutory provision. [Ord. 2-00 § 1]
13.60.120 Relationship to other ordinances, policies.
(1) In addition to the provisions of Chapters 13.60 through 13.92 JCC, Chapter 13.56 JCC, the ordinance establishing accommodation of utilities upon Jefferson County rights-of-way, shall apply to any telecommunications carrier and cable operator who desires to construct, install, operate, maintain, repair or otherwise locate telecommunications facilities on county rights-of-way. In the event of a conflict between Chapters 13.60 through 13.92 JCC and the accommodation of utilities upon Jefferson County rights-of-way ordinance, the accommodation of utilities upon Jefferson County rights-of-way ordinance shall control.
(2) In addition to the provisions of Chapters 13.60 through 13.92 JCC, any telecommunications carrier and cable operator who desires to construct, install, operate, maintain, repair or otherwise locate telecommunications facilities or cable television facilities on county park property shall also comply with the county’s adopted policies, procedures and requirements for nonrecreational use of Jefferson County park property.
(3) In addition to the provisions of Chapters 13.60 through 13.92 JCC, any wireless communication facilities, as defined by the Jefferson County wireless services facilities ordinance regulating the location, placement and design of such facilities shall be subject to applicable zoning regulations and permitting requirements as established by other pertinent Jefferson County Code provisions.
(4) Nothing herein shall limit or otherwise affect the authority of the county to require a lease for any use, occupation, construction, installation, maintenance or location upon any property owned in fee by the county. [Ord. 2-00 § 1]
13.60.130 Acts at grantee’s expense.
Any act that a grantee is or may be required to perform under Chapters 13.60 through 13.92 JCC, or under the terms of a license, franchise, cable television franchise or applicable law shall be performed at the grantee’s expense. [Ord. 2-00 § 1]