Chapter 26.16
REGISTRATION Repealed and Replaced Effective January 1, 2024 Ord. 4853

Sections:

26.16.010    Registration required. Repealed and Replaced Effective January 1, 2024 Ord. 4853

26.16.020    Purpose of registration. Repealed and Replaced Effective January 1, 2024 Ord. 4853

26.16.030    Exception to registration. Repealed and Replaced Effective January 1, 2024 Ord. 4853

26.16.010 Registration required. Repealed and Replaced Effective January 1, 2024 Ord. 4853

All owners and permittees, and all providers that offer or provide communications to customers within the city, shall register with the city hereunder on forms provided by the department. The information provided in this registration shall include the following:

(a)    The identity and legal status (e.g., corporation, partnership, limited partnership) of the registrant;

(b)    The address and telephone number of the registrant;

(c)    The name, address, telephone number, and electronic mail address of the officer, agent or employee responsible for the accuracy of the registration statement;

(d)    A description of the registrant’s existing or proposed facilities within the city;

(e)    Information sufficient for the city to determine whether the registrant is subject to this title pursuant to Section 26.12.010;

(f)    Information sufficient for the city to determine whether any communications services provided or to be provided by the registrant constitute an occupation or privilege subject to any municipal tax, permit, license or franchise fee;

(g)    To the extent allowed by law, copies of the applicant’s registration filed with the Washington Utilities and Transportation Commission pursuant to Chapter 480-121 WAC. Alternatively, applicant shall submit a statement detailing the basis (along with pertinent supporting materials) for its authorizations to provide telecommunications services or, in the further alternative, the reasons that registration with the WUTC is not required;

(h)    To the extent allowed by law, information sufficient for the city to determine that the applicant has applied for and received any permit, operating license or other right or approvals required by the Federal Communications Commission to provide telecommunications services or facilities;

(i)    If the registrant believes that it is not required to obtain a master permit or franchise from the city, the showing referred to in Section 26.12.020(b) or (c);

(j)    Such other information as the city may reasonably require with respect to its authority to manage, regulate and control public rights-of-way. (Ord. 4205 § 2 (part), 2009)

26.16.020 Purpose of registration. Repealed and Replaced Effective January 1, 2024 Ord. 4853

The registration requirement is an exercise of the city’s police power to obtain information the city needs to effectively and efficiently plan, organize and manage demands placed on its rights-of-way. Registration does not constitute a grant or deprivation of the right to occupy the rights-of-way, but simply provides the city with necessary information to manage the rights-of-way in a manner consistent with the city’s rights under state law. The purpose of registration is to:

(a)    Provide the city with accurate and current information necessary for the management and regulation of city right-of-way;

(b)    Assist the city in enforcement of this title;

(c)    Assist the city in the collection and enforcement of any municipal taxes, fees, or charges that may be due to the city; and

(d)    Assist the city in monitoring compliance with local laws. (Ord. 4205 § 2 (part), 2009)

26.16.030 Exception to registration. Repealed and Replaced Effective January 1, 2024 Ord. 4853

A person which provides telecommunications services solely to itself, its affiliates or members between points in the same building, or between closely located buildings under common ownership or control; provided, that such company or person does not use or occupy any rights-of-way of the city or other ways within the city, is excepted from the registration requirements pursuant to this title. (Ord. 4205 § 2 (part), 2009)