26.12.010 Applicability.
(1) This title applies to all persons who desire to locate, or have located, telecommunication facilities in the city’s rights-of-way. Additionally:
(a) Any person desiring to locate telecommunications facilities in the right-of-way shall apply for and receive a franchise pursuant to Section 26.12.020.
(b) Any person, whether or not they have obtained a franchise, who desires to conduct work in the right-of-way shall apply for and receive a right-of-way work permit pursuant to Title 19.
(c) Any person desiring to locate a small wireless facility or a macro facility anywhere in the city shall apply for and receive the applicable WSF permit pursuant to Chapter 117 KZC.
(d) Any person who desires to attach a WSF, or any associated equipment, on city property, at a specific site in the right-of-way, or to any structure owned by the city shall include an application for a license agreement or site-specific agreement as a component of its WSF permit application. Master license agreements, including for access to multiple city-owned poles or for public property, or city-owned structures outside the right-of-way, shall be submitted to the city council for approval. Site-specific agreements for the use of a specific city-owned pole or for a specific location inside the right-of-way shall be submitted to the director for approval. (Ord. 4853 § 2, 2023)
26.12.020 Franchise.
(1) The city may grant any person, by ordinance, a nonexclusive franchise to install, construct, operate, maintain, remove, repair or replace facilities in the right-of-way for the provision of telecommunications services to the public. The grant of a franchise shall be made pursuant to the procedures, terms, and conditions set forth in this title; provided, that the city may accept different terms when required by law. No provision of this title requires the granting of a new franchise if, in the opinion of the city council, the granting of an additional franchise is not in the public interest, unless otherwise required by law.
(2) Except as set forth in subsection (3) of this section, it is unlawful for any person to install, construct, operate, maintain, remove, repair or replace facilities in the right-of-way for the provision of telecommunications services or cable without first obtaining a franchise pursuant to this title if for telecommunication services or a franchise pursuant to Chapter 7.61 if for cable services.
(3) Any person that shows that the state of Washington has granted it the right to operate within the city’s rights-of-way without the city’s consent may, but is not required to, obtain a franchise pursuant to this title. A person asserting such a state grant, consistent with RCW 35.99.010, shall provide the city with a statement, and supporting documentation, detailing the basis for the assertion of a state-wide grant. (Ord. 4853 § 2, 2023)