Chapter 12.34
TELECOMMUNICATIONS USERS OF PIERCE COUNTY RIGHTS-OF-WAY Revised 3/18

Sections:

ARTICLE I – GENERAL PROVISIONS

12.34.010    Purpose.

12.34.020    Definitions.

12.34.030    Standards Adopted.

12.34.040    Franchise and Fees.

12.34.050    Cable Franchise and Fees.

12.34.060    Application to Existing Franchise Ordinances and Agreements.

12.34.070    Penalties.

12.34.080    Other Remedies.

12.34.090    Severability.

ARTICLE II – RESERVED

ARTICLE III – RESERVED

ARTICLE IV – FRANCHISE

12.34.400    Franchise.

12.34.405    Franchise Application.

12.34.410    Determination by the County. Revised 3/18

12.34.415    Agreement.

12.34.420    Nonexclusive Grant.

12.34.425    Rights Granted.

12.34.430    Term of Grant.

12.34.435    Utility Right-of-Way Permits.

12.34.440    Compensation to County.

12.34.455    Amendment of Grant.

12.34.460    Renewal Applications.

12.34.465    Renewal Determinations. Revised 3/18

12.34.470    Obligation to Cure As a Condition of Renewal.

ARTICLE V – CABLE FRANCHISE

12.34.500    Grant of Cable Franchise.

12.34.505    Cable Franchise Required.

12.34.510    Length of Cable Franchise.

12.34.515    Cable Franchise Characteristics.

12.34.520    Cable Franchisee Subject to Other Laws, Police Powers.

12.34.525    Interpretation of Cable Franchise Terms.

12.34.530    Operation of a Cable System Without a Cable Franchise.

12.34.535    Acts at Cable Franchisee's Expense.

12.34.540    Eminent Domain.

12.34.545    Exclusive Contracts and Anti-Competitive Acts Prohibited.

12.34.550    Cable Franchise Fees.

ARTICLE VI – CONDITIONS OF GRANT OF FRANCHISE OR CABLE FRANCHISE

12.34.600    General Duties.

12.34.602    Interference with the Rights-of-Way.

12.34.604    Damage to Property.

12.34.606    Notice of Work.

12.34.608    Repair and Emergency Work.

12.34.610    Maintenance of Facilities.

12.34.612    Relocation or Removal of Facilities.

12.34.614    Removal of Unauthorized Facilities.

12.34.616    Failure to Relocate.

12.34.618    Emergency Removal or Relocation of Facilities.

12.34.620    Damage to Grantee's Facilities.

12.34.622    Restoration of Rights-of-Way or other Property.

12.34.624    Facilities Maps.

12.34.626    Duty to Provide Information.

12.34.628    Leased Capacity.

12.34.630    Grantee Insurance.

12.34.632    General Indemnification.

12.34.634    Performance and Restoration Surety.

12.34.638    Restoration Bond.

12.34.640    Coordination of Construction Activities.

12.34.642    Assignments or Transfers of Grant of Cable Franchise.

12.34.644    Transactions Affecting Control of Grant of Cable Franchise.

12.34.646    Revocation or Termination of Grant.

12.34.648    Notice and Duty to Cure.

12.34.650    Hearing.

12.34.652    Standards for Revocation or Lesser Sanction.

ARTICLE VII – CONSTRUCTION

12.34.700    Construction Standards.

12.34.705    Construction Codes.

12.34.710    Utility Right-of-Way Permits.

12.34.715    Applications.

12.34.720    Construction Surety.

12.34.725    Location of Facilities.

12.34.730    Conduit Occupancy.

12.34.735    Franchisee Occupancy of County Owned Conduit.

ARTICLE VIII – FEES

12.34.810    Application and Review Fee. Revised 3/18

12.34.850    Reserved Compensation for Use of Rights-of-Way.

12.34.860    Compensation for County Property.

12.34.870    Utility Right-of-Way Permit Fee.

12.34.880    Regulatory Fees and Compensation Not a Tax.

ARTICLE IX – MISCELLANEOUS

12.34.900    Context.

ARTICLE I – GENERAL PROVISIONS

12.34.010 Purpose.

The purpose of this Chapter is to:

A.    Establish a local policy concerning telecommunications providers and services;

B.    Establish clear and nondiscriminatory local guidelines, standards, and time frames for the exercise of local authority with respect to the regulation of the use of public rights-of-way and/or public property by telecommunications providers;

C.    Minimize unnecessary local regulation of telecommunications providers and services;

D.    Encourage the provision of advanced and competitive telecommunications services on the widest possible basis to the businesses, institutions, and residents of the County;

E.    Permit and manage reasonable access to the public rights-of-way of the County for telecommunications purposes on a competitively neutral basis;

F.    Conserve the limited physical capacity of the public rights-of-way held in public trust by the County;

G.    Assure that the County'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.    Secure fair and reasonable compensation to the County and the residents of the County, consistent with 47 U.S.C. sec. 253, in a non-discriminatory manner, for permitting private use of the public rights-of-way and/or public property;

I.    Assure that all telecommunications carriers placing facilities within the County rights of way comply with the ordinances, rules, and regulations of the County;

J.    Assure that the County can continue to fairly and responsibly protect the public health, safety, and welfare; and

K.    Enable the County to discharge its public trust consistent with rapidly evolving federal and state regulatory policies, industry competition, and technological development.

(Ord. 2002-60 § 1 (part), 2002; Ord. 96-124 § 1 (part), 1997)

12.34.020 Definitions.

Terms used in this Chapter shall have the following meanings:

A.    "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.

B.    "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.

C.    "Cable Operator" means a Telecommunications Carrier providing or offering to provide "Cable Service" within the County as that term is defined in the Federal Cable Acts.

D.    "Cable Service" shall have the same meaning as defined in the Federal Cable Acts.

E.    "County" means the County of Pierce, State of Washington.

F.    "County Property" means any real property owned by County, whether in fee or other ownership estate of interest.

G.    "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.

H.    "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.

I.    "Grantee" encompasses those franchisees granted certain rights and obligations as more fully described herein.

J.    "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.

K.    "Overhead Facilities" means Utility Facilities and Telecommunications Facilities located above the surface of the ground, including the underground supports and foundations for such facilities.

L.    "Person" includes corporations, companies, associations, joint stock companies, firms, partnerships, limited liability companies, other entities, and individuals.

M.    "Public Ways" includes the surface of and space above and below any real property in County in which County has an ownership interest, or interest as a trustee for the public, including but not limited to all public streets, highways, roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, or any other public place, area, or property under control of County, and any public or utility easements established, dedicated, or devoted for public utility purposes.

N.    "Rights-of-Way" means all County Property and Public Ways, collectively, within the County.

O.    "State" means the State of Washington.

P.    "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.

Q.    "Telecommunications Carrier" includes every person that directly or indirectly owns, controls, operates or manages plant, equipment or property within the County, used or to be used for the purpose of offering Telecommunications Service.

R.    "Telecommunications Facilities or Telecommunications System" means the plant, equipment and property including, but not limited to, cables, wires, conduits, ducts, pedestals, antennae, electronics, and other appurtenances used or to be used to transmit, receive, distribute, provide or offer Telecommunications Service.

S.    "Telecommunications Provider" includes every person who provides Telecommunications Service over Telecommunications Facilities.

T.    "Telecommunications Service" means the providing or offering for rent, sale or 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.

U.    "Underground Facilities" means Utility and Telecommunications Facilities located under the surface of the ground, excluding the underground foundations or supports for Overhead Facilities.

V.    "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 WUTC.

W.    "Utility Facilities" mean 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 services or Telecommunications Services including Telecommunication Facilities.

(Ord. 96-124 § 1 (part), 1997)

12.34.030 Standards Adopted.

The latest edition approved by the Pierce County Council of the "Manual on Accommodating Utilities in Pierce County Rights-of-Way," as published by the Pierce County Engineer, is adopted as the policy for the construction, installation, maintenance, and operation of all utilities in Pierce County rights-of-way. All references to the "Manual on Accommodating Utilities in Pierce County Rights-of-Way" in this Chapter are to the current Council-approved edition. (Ord. 2016-9 § 2 (part), 2016)

12.34.040 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 shall first obtain a franchise granting the use of such rights-of-way from the County pursuant to this Chapter and Chapter 36.55 RCW and pay all the fees as provided herein. (Ord. 2002-60 § 1 (part), 2002; Ord. 96-124 § 1 (part), 1997)

12.34.050 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 franchise from the County pursuant to this Chapter and pay all the fees as provided herein and in the cable franchise. (Ord. 2002-60 § 1 (part), 2002; Ord. 96-124 § 1 (part), 1997)

12.34.060 Application to Existing Franchise Ordinances and Agreements.

This Chapter shall have no effect on any franchise agreement in effect on December 16, 1997, until:

A.    The expiration of said franchise agreement; or

B.    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.

(Ord. 2002-60 § 1 (part), 2002; Ord. 96-124 § 1 (part), 1997)

12.34.070 Penalties.

Any person found violating, disobeying, omitting, neglecting, or refusing to comply with any of the provisions of this Chapter has committed a class 1 civil infraction enforceable under Chapter 1.16 PCC for each act. Each day of violation constitutes a separate act and a separate infraction. (Ord. 2016-9 § 2 (part), 2016; Ord. 2002-60 § 1 (part), 2002; Ord. 2000-57s § 2 (part), 2001; Ord. 96-124 § 1 (part), 1997)

12.34.080 Other Remedies.

Nothing in this Chapter shall be construed as limiting any judicial remedies that the County may have, at law or in equity, for enforcement of this Chapter. (Ord. 2002-60 § 1 (part), 2002; Ord. 2000-57s § 2 (part), 2001; Ord. 96-124 § 1 (part), 1997)

12.34.090 Severability.

If any Section, subsection, sentence, clause, phrase, or other portion of this Chapter, 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. 2002-60 § 1 (part), 2002; Ord. 96-124 § 1 (part), 1997)

ARTICLE II – RESERVED

ARTICLE III – RESERVED

ARTICLE IV – FRANCHISE

12.34.400 Franchise.

A franchise shall be required of any Telecommunications Provider who desires to place Telecommunications Facilities in the rights-of-way. (Ord. 2002-60 § 1 (part), 2002; Ord. 96-124 § 1 (part), 1997)

12.34.405 Franchise Application.

Any person who desires a franchise hereunder shall file an application in accordance with PCC 12.32.060, 12.32.070 and 12.32.080, which shall include the applicable portions of the required franchise application information. (Ord. 2000-57s § 2 (part), 2001; Ord. 96-124 § 1 (part), 1997)

12.34.410 Determination by the County. Revised 3/18

As soon as is practicable after receiving a complete application in the form approved by the County Engineer and submitted to the Pierce County Department of Planning and Public Works pursuant to PCC 12.32.060 hereunder, the County Executive or designee shall make a recommendation to the County Council which, in accordance with PCC 12.32.080 B., shall set a time and place for a public hearing on whether to grant or deny the application in whole or in part. If the decision is to deny, the record shall include the reasons for denial. The standards enumerated herein and in PCC 12.32.100 shall apply when determining whether to grant or deny the application. The criteria which shall be considered are:

A.    The capacity of the rights-of-way to accommodate the applicant's facilities.

B.    The capacity of the rights-of-way to accommodate additional utility and Telecommunications Facilities if the application is granted.

C.    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.

D.    The public interest in minimizing the cost and disruption of construction within the rights-of-way.

E.    The availability of alternate routes or locations for the proposed facilities.

F.    Applicable federal, state, and local laws, regulations, rules, and policies.

(Ord. 2017-12s § 2 (part), 2017; Ord. 2016-9 § 2 (part), 2016; Ord. 2015-25s § 2 (part), 2015; Ord. 2002-60 § 1 (part), 2002; Ord. 2000-57s § 2 (part), 2001; Ord. 96-124 § 1 (part), 1997)

12.34.415 Agreement.

No franchise shall take effect hereunder unless the applicant and the County have executed a written agreement setting forth the particular terms and provisions under which the franchise to occupy and use rights-of-way will be granted and said agreement has been recorded in accordance with RCW 36.55.080. All franchises granted pursuant to this Article shall contain substantially similar terms and conditions, which, taken as a whole and considering relevant char-acteristics of the applicants, do not provide more or less favorable terms and conditions than those required of similarly situated franchisees. (Ord. 2002-60 § 1 (part), 2002; Ord. 96-124 § 1 (part), 1997)

12.34.420 Nonexclusive Grant.

No franchise granted hereunder shall confer any exclusive right, privilege or franchise to occupy or use the rights-of-way for delivery of Telecommunications Services or any other purposes. (Ord. 96-124 § 1 (part), 1997)

12.34.425 Rights Granted.

A.    No franchise granted hereunder shall convey any right, title or interest in the rights-of-way but shall be deemed a franchise only to use and occupy the rights-of-way for the limited purposes and term stated in the grant.

B.    No franchise granted hereunder shall authorize or excuse a franchisee from securing such further easements, leases, permits or other approvals as may be required to lawfully occupy and use Rights-of-Way Excess Capacity in an Underground Facility or Surplus Space in an Overhead Facility.

C.    No franchise granted hereunder shall be construed as any warranty of title.

(Ord. 96-124 § 1 (part), 1997)

12.34.430 Term of Grant.

Unless otherwise specified in a franchise or unless otherwise renewed, a franchise granted hereunder shall be valid for a term of not more than five years. (Ord. 2000-57s § 2 (part), 2001; Ord. 96-124 § 1 (part), 1997)

12.34.435 Utility Right-of-Way Permits.

All franchisees are required to obtain utility right-of-way permits as required in PCC 12.32.110 and pay all fees for Telecommunications Facilities as required in PCC 12.32.130. (Ord. 2000-57s § 2 (part), 2001; Ord. 96-124 § 1 (part), 1997)

12.34.440 Compensation to County.

Each franchise granted hereunder is subject to the County's right, which is expressly reserved, to annually fix by ordinance a fair and reasonable compensation for use of property pursuant to a franchise, provided nothing in this Chapter shall prohibit the County and a franchisee from agreeing to the compensation to be paid. (Ord. 96-124 § 1 (part), 1997)

12.34.455 Amendment of Grant.

A.    If a Grantee is ordered by the County to locate or relocate its Telecommunications Facilities in rights-of-way not included in a previously granted franchise, the County shall grant a franchise amendment, if necessary, without further application.

(Ord. 2002-60 § 1 (part), 2002; Ord. 96-124 § 1 (part), 1997)

12.34.460 Renewal Applications.

A franchisee that desires to renew its franchise hereunder shall, not more than 180 days or less than 90 days before expiration of the current franchise, file an application with the County for renewal of its franchise which shall include the following information:

A.    The applicable information required pursuant to the franchise.

B.    Any other information required by the County consistent with federal law.

(Ord. 2016-9 § 2 (part), 2016; Ord. 2002-60 § 1 (part), 2002; Ord. 96-124 § 1 (part), 1997)

12.34.465 Renewal Determinations. Revised 3/18

As soon as is practicable after receiving a complete application in the form approved by the County Engineer and submitted to the Pierce County Department of Planning and Public Works pursuant to PCC 12.32.060, the County Council, in accordance with PCC 12.32.080 B., and Chapter 36.55 RCW, shall set a time and place for a public hearing on whether to grant or deny the renewal application in whole or in part. If the decision is to deny, the record shall include the reasons for non-renewal. When determining whether to recommend granting or denying the application, the following criteria shall be considered:

A.    The standards enumerated in PCC 12.34.410,

B.    The criteria set forth in PCC 12.32.100, and

C.    The applicant's compliance with the requirements of this Chapter and the franchise.

(Ord. 2017-12s § 2 (part), 2017; Ord. 2016-9 § 2 (part), 2016; Ord. 2015-25s § 2 (part), 2015; Ord. 2002-60 § 1 (part), 2002; Ord. 2000-57s § 2 (part), 2001; Ord. 96-124 § 1 (part), 1997)

12.34.470 Obligation to Cure As a Condition of Renewal.

No franchise shall be renewed until any ongoing violations or defaults in the franchisee's obligations under the franchise, or the requirements of this Chapter, 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 franchisee has been approved by the County. (Ord. 96-124 § 1 (part), 1997)

ARTICLE V – CABLE FRANCHISE

12.34.500 Grant of Cable Franchise.

The County may grant one or more cable franchises containing such provisions as are reasonably necessary to protect the public interest, and each such cable franchise shall be awarded in accordance with and subject to the provisions of this Chapter. This Chapter may be amended from time to time, and in no event shall this Chapter be considered a contract between the County and a cable franchisee such that the County would be prohibited from amending any provision hereof, provided no such amendment shall in any way impair any contract right or increase obligations of a cable franchisee under an outstanding and effective cable franchise except in the lawful exercise of the County's police power. (Ord. 2000-57s § 2 (part), 2001; Ord. 96-124 § 1 (part), 1997)

12.34.505 Cable Franchise Required.

No person may construct, operate or maintain a cable system or provide Cable Service over a cable system within the County without a cable franchise granted by the County authorizing such activity. No person may be granted a cable franchise without having entered into a cable franchise agreement with the County pursuant to this Chapter. For the purpose of this provision, the operation of part or all of a cable system within the County means the use or occupancy of rights-of-way by facilities used to provide Cable Service.

Telecommunications Facilities used to provide telephone services which are also used to provide Cable Service shall be subject to this Chapter and shall also require a cable franchise. Use of such facilities to provide services similar to Cable Service, such as Open Video Service, shall be subject to this Chapter to the extent provided by law. A system shall not be deemed as operating within the County even though service is offered or rendered to one or more subscribers within the County, if no rights-of-way by facilities used to provide Cable Service are used or occupied. All cable franchises granted pursuant to this Article shall contain substantially similar terms and conditions, which, taken as a whole and considering relevant characteristics of the applicants, do not provide more or less favorable terms and conditions than those required of other cable franchisees. (Ord. 2016-9 § 2 (part), 2016; Ord. 2000-57s § 2 (part), 2001; Ord. 96-124 § 1 (part), 1997)

12.34.510 Length of Cable Franchise.

Unless otherwise specified in a cable franchise, or unless otherwise renewed, no cable franchise shall be granted for a period of more than five years. (Ord. 2000-57s § 2 (part), 2001; Ord. 96-124 § 1 (part), 1997)

12.34.515 Cable Franchise Characteristics.

A.    A cable franchise authorizes use of rights-of-way for installing, operating and maintaining cables, wires, lines, optical fiber, underground conduit and other devices necessary and appurtenant to the operation of a cable system to provide Cable Services within the County, but does not expressly or implicitly authorize a cable franchisee to provide service to, or install a cable system on private property without owner consent, or to use publicly or privately owned poles, ducts or conduits without a separate agreement with the owners.

B.    A cable franchise shall not mean or include any exclusive right or authorization for the privilege of transacting and carrying on a business within the County as generally required by the ordinances and laws of the County. A cable franchise shall not confer any authority to provide Telecommunications Services or any other communications services besides Cable Services. A cable franchise shall not confer any implicit rights other than those mandated by federal, state or local law.

C.    A cable franchise is nonexclusive and will not explicitly or implicitly: preclude the issuance of other cable franchises to operate cable systems within the County; affect the County's right to authorize use of rights-of-way by other persons to operate cable systems or for other purposes as it determines appropriate; or affect the County's right to itself construct, operate or maintain a cable system, with or without a cable franchise.

D.    Once a cable franchise has been accepted and executed by the County and a cable franchisee, such cable franchise shall constitute a valid and enforceable agreement between the cable franchisee and the County, and the terms, conditions and provisions of such franchise, subject to this Chapter and all other duly enacted and applicable laws and regulations shall define the rights and obligations of the cable franchisee and the County relating to the cable franchise.

E.    All privileges prescribed by a cable franchise shall be subordinate to any prior lawful occupancy of the rights-of-way and the County reserves the right to reasonably designate where a cable franchisee's facilities are to be placed within the rights-of-way through its generally applicable permit procedures.

F.    A cable franchise shall be a privilege that is in the public trust and personal to the original cable franchisee. No cable franchise transfer shall occur without the prior written consent of the County upon application made by the cable franchisee pursuant to this Chapter and the cable franchise, which consent shall not be unreasonably withheld, and any purported cable franchise transfer made without application and prior written consent shall be void and shall be cause for the County to revoke the cable franchise.

(Ord. 2000-57s § 2 (part), 2001; Ord. 96-124 § 1 (part), 1997)

12.34.520 Cable Franchisee Subject to Other Laws, Police Powers.

A.    A cable franchisee shall at all times be subject to and shall comply with all applicable federal, state and local laws and regulations, including this Chapter. A cable franchisee shall at all times be subject to all lawful exercise of the police power of the County including, but not limited to, all rights the County may have under the Cable Acts, all powers regarding zoning, supervision of construction, control of rights-of-way and consumer protection.

B.    The County shall have full authority to regulate cable systems, cable franchisees and cable franchises as may now or hereafter be lawfully permissible.

(Ord. 2000-57s § 2 (part), 2001; Ord. 96-124 § 1 (part), 1997)

12.34.525 Interpretation of Cable Franchise Terms.

A.    In the event of a conflict between this Chapter and a cable franchise, the provisions of this Chapter control except where the conflict arises from the lawful exercise of the County's police power.

B.    The provisions of this Chapter and a cable franchise will be liberally construed in accordance with generally accepted rules of construction to promote the public interest.

(Ord. 2000-57s § 2 (part), 2001; Ord. 96-124 § 1 (part), 1997)

12.34.530 Operation of a Cable System Without a Cable Franchise.

Any person who occupies rights-of-way for the purpose of operating or constructing a cable system or provides Cable Service over a cable system and who does not hold a valid cable franchise from the County shall be subject to all requirements of this Chapter. At its discretion, the County at any time may by ordinance: require such person to enter into a cable franchise within 30 days of receipt of a written notice to such person from the County that a cable franchise is required; require such person to remove its property and restore the affected area to a condition satisfactory to the County; direct County personnel to remove the property and restore the affected area to a condition satisfactory to the County and charge the person the costs therefor, including by placing a lien on the person's property; or take any other action it is entitled to take under applicable law. In no event shall a cable franchise be created unless it is issued by the County pursuant to this Chapter and subject to a written cable franchise. (Ord. 2000-57s § 2 (part), 2001; Ord. 96-124 § 1 (part), 1997)

12.34.535 Acts at Cable Franchisee's Expense.

Any act that a cable franchisee is or may be required to perform under this Chapter, a cable franchise or applicable law shall be performed at the cable franchisee's expense. (Ord. 2000-57s § 2 (part), 2001; Ord. 96-124 § 1 (part), 1997)

12.34.540 Eminent Domain.

Nothing herein shall be deemed or construed to impair or affect, in any way or to any extent, the County's power of eminent domain. (Ord. 96-124 § 1 (part), 1997)

12.34.545 Exclusive Contracts and Anti-Competitive Acts Prohibited.

A.    No cable franchisee or other multichannel video programming distributor shall enter into or enforce an exclusive contract for the provision of Cable Service or other multichannel video programming with any person, or demand the exclusive right to serve a person or location, as a condition of extending service to that or any other person or location.

B.    No cable franchisee or other multichannel video programming distributor shall engage in acts that have the purpose or effect of limiting competition for the provision of Cable Services or services similar to Cable Service in the County.

(Ord. 96-124 § 1 (part), 1997)

12.34.550 Cable Franchise Fees.

Cable franchisees shall be subject to the cable franchise fees, payments and costs provided in their cable franchise and herein. For purpose of cable franchise fees, "Gross revenues" shall mean all revenue derived directly or indirectly by the grantee, its affiliates, subsidiaries, parent and/or any person in which the grantee has a financial interest, from providing cable television services within the County, including, but not limited to, basic subscriber service monthly fees, pay cable fees, installation and reconnection fees, leased channel fees, converter rentals, studio rental, production equipment and personnel fees, and advertising revenues; provided, however, that this shall not include any taxes on services furnished by the grantee which are imposed directly upon any subscriber or user by the State of Washington, local or other governmental unit and collected by the grantee on behalf of said governmental unit. (Ord. 2000-57s § 2 (part), 2001; Ord. 96-124 § 1 (part), 1997)

ARTICLE VI – CONDITIONS OF GRANT OF FRANCHISE OR CABLE FRANCHISE

12.34.600 General Duties.

A.    All Grantees, before commencing any construction in the rights-of-way shall comply with all requirements of PCC 17B.10.060 B. and Chapter 12.32 PCC.

B.    All Grantees shall provide, upon request, written confirmation sufficient for customary land survey and land title insurance purposes concerning the location of its facilities in rights-of-way and disclaiming any interest in rights-of-way where it has no franchise to construct or operate its facilities.

(Ord. 2000-57s § 2 (part), 2001; Ord. 96-124 § 1 (part), 1997)

12.34.602 Interference with the Rights-of-Way.

No Grantee may locate or maintain its Cable or Telecommunications Facilities so as to unreasonably interfere with the use of the rights-of-way by the County, by the general public or other persons authorized to use or be present in or upon the rights-of-way. All such facilities shall be moved by and at the expense of the Grantee, temporarily or permanently, as determined by the County. (Ord. 2002-60 § 1 (part), 2002; Ord. 96-124 § 1 (part), 1997)

12.34.604 Damage to Property.

No Grantee or any person acting on a Grantee's behalf shall take any action or permit any action to be done which may impair or damage any rights-of-way, including specifically County Property, real or personal, or Public Ways or other property located in, on or adjacent thereto except in accordance with PCC 12.34.622. (Ord. 2000-57s § 2 (part), 2001; Ord. 96-124 § 1 (part), 1997)

12.34.606 Notice of Work.

Unless otherwise provided in a franchise agreement, no Grantee, or any person acting on the Grantee's behalf, shall commence any non-emergency work in or about rights-of-way unless work is conducted in accordance with PCC 12.32.110. Any private property owner whose property will be affected by a Grantee's work shall be afforded ten days advance written notice of such work. (Ord. 2002-60 § 1 (part), 2002; Ord. 2000-57s § 2 (part), 2001; Ord. 96-124 § 1 (part), 1997)

12.34.608 Repair and Emergency Work.

In the event of an emergency or an emergency repair necessary to protect the public, restore service or mitigate further damage to the system, a Grantee may commence such repair and emergency response work as required under the circumstances, provided the Grantee shall notify the County Engineer or designee as promptly as possible, before such repair or emergency work or as soon thereafter as possible if advance notice is not practicable, in accordance with PCC 17B.10.060 B. (Ord. 2000-57s § 2 (part), 2001; Ord. 96-124 § 1 (part), 1997)

12.34.610 Maintenance of Facilities.

Each Grantee shall maintain its facilities in a good and safe condition and in a manner that complies with all applicable federal, state and local requirements. (Ord. 2000-57s § 2 (part), 2001; Ord. 96-124 § 1 (part), 1997)

12.34.612 Relocation or Removal of Facilities.

Within 30 days, or such longer period as may be specified by the County Engineer, following written notice from the County, a Grantee shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any Facilities within the rights-of-way whenever the County Engineer or designee shall have determined that such removal, relocation, change or alteration is reasonably necessary for:

A.    The construction, repair, maintenance or installation of any County or other public improvement in or upon the rights-of-way.

B.    The operations of the County or other governmental entity in or upon the rights-of-way.

C.    The vacation of a street or the release of a utility easement.

(Ord. 2002-60 § 1 (part), 2002; Ord. 2000-57s § 2 (part), 2001; Ord. 96-124 § 1 (part), 1997)

12.34.614 Removal of Unauthorized Facilities.

Within 30 days following written notice from the County Engineer or designee, any Grantee, Telecommunications Carrier, or other person that owns, controls or maintains any unauthorized Telecommunications System, Facility or related appurtenances within the rights-of-way shall, at its own expense, remove such facilities or appurtenances from the rights-of-way. If such Grantee fails to remove such facilities or appurtenances, the County may cause the removal and charge the Grantee for the costs incurred. A Cable System, Telecommunications System, or facility is unauthorized and subject to removal in the following circumstances:

A.    Upon expiration or termination of the Grantee's franchise.

B.    Upon abandonment of a facility within the rights-of-way.

C.    If the system or facility was constructed or installed without the prior grant of a franchise.

D.    If the system or facility was constructed or installed without the prior issuance of a required utility right-of-way permit.

E.    If the system or facility was constructed or installed at a location not permitted by the Grantee's franchise.

F.    Any such other reasonable circumstances deemed necessary by the County Engineer or designee.

(Ord. 2002-60 § 1 (part), 2002; Ord. 2000-57s § 1 (part), 2001; Ord. 96-124 § 1 (part), 1997)

12.34.616 Failure to Relocate.

If a Grantee is required to relocate, change or alter the Cable or Telecommunications Facilities constructed, operated and/or maintained hereunder and fails to do so, the County may cause such to occur and charge the Grantee for the costs incurred. (Ord. 2002-60 § 1 (part), 2002; Ord. 96-124 § 1 (part), 1997)

12.34.618 Emergency Removal or Relocation of Facilities.

The County retains the right and privilege to cut or move any Cable or Telecommunications Facilities located within the rights-of-way as the County may determine to be necessary, appropriate or useful in response to any public health or safety emergency. (Ord. 2002-60 § 1 (part), 2002; Ord. 96-124 § 1 (part), 1997)

12.34.620 Damage to Grantee's Facilities.

Unless directly and proximately caused by the willful, intentional or malicious acts of the County, the County shall not be liable for any damage to or loss of any Cable or Telecommunications Facility within rights-of-way as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work of any kind in the rights-of-way by or on behalf of the County. (Ord. 2002-60 § 1 (part), 2002; Ord. 96-124 § 1 (part), 1997)

12.34.622 Restoration of Rights-of-Way or Other Property.

Restoration shall comply with the requirements outlined in PCC 12.32.240. (Ord. 2000-57s § 2 (part), 2001; Ord. 96-124 § 1 (part), 1997)

12.34.624 Facilities Maps.

Upon written request from the County Engineer, each Grantee shall provide the County with an accurate as-built map or maps certifying the location of all Cable or Telecommunications Facilities within the County rights-of-way. (Ord. 2002-60 § 1 (part), 2002; Ord. 2000-57s § 2 (part), 2001; Ord. 96-124 § 1 (part), 1997)

12.34.626 Duty to Provide Information.

Within ten days of a written request from the County Engineer or designee, each Grantee shall furnish the County Engineer or designee with information sufficient to demonstrate:

A.    That Grantee has complied with all requirements of this Chapter and with the "Manual on Accommodating Utilities in Pierce County Rights-of-Way."

B.    That all fees due the County in connection with the Cable Services and Cable or Telecommunications Facilities provided by the Grantee have been properly collected and paid by the Grantee.

C.    That all books, records, maps and other documents maintained by the Grantee with respect to its facilities within rights-of-way shall be made available for inspection by the County Engineer or designee at reasonable times and intervals.

D.    That "as built" drawings of any work within Pierce County rights-of-way have been completed and are on file with the Grantee.

(Ord. 2016-9 § 2 (part), 2016; Ord. 2002-60 § 1 (part), 2002; Ord. 2000-57s § 2 (part), 2001; Ord. 96-124 § 1 (part), 1997)

12.34.628 Leased Capacity.

Subject to the provisions of PCC 12.34.642, a Grantee shall have the right to offer or provide capacity to another, provided that the proposed lessee or person complies with all of the requirements of this Chapter and furnishes reasonable information upon request to ensure compliance with this Chapter. (Ord. 2002-60 § 1 (part), 2002; Ord. 2000-57s § 2 (part), 2001; Ord. 96-124 § 1 (part), 1997)

12.34.630 Grantee Insurance.

Unless otherwise provided, each Grantee shall, as a condition of the grant, secure and maintain the following liability insurance policies insuring both the Grantee and the County, and its elected and appointed officers, officials, agents, representatives and employees as additional insureds:

A.    Comprehensive general liability insurance with limits not less than:

1.    $2,000,000.00 for bodily injury or death to each person;

2.    $2,000,000.00 for property damage resulting from any one accident; and

3.    $2,000,000.00 for all other types of liability.

B.    Automobile liability for owned, non-owned and hired vehicles with a limit of $1,000,000.00 for each person and $3,000,000.00 for each accident.

C.    Workers' compensation within statutory limits and employer's liability insurance with limits of not less than $1,000,000.00.

D.    Comprehensive form premises-operations, explosions and collapse hazard, underground hazard and products completed operation hazard policies with limits of not less than $2,000,000.00.

E.    The liability insurance policies required by this Section shall be maintained at all times by the Grantee. Each such insurance policy shall contain the following endorsement:

"It is hereby understood and agreed that this policy may not be canceled nor the intention not to renew be stated until 90 days after receipt by the County, by registered mail, of a written notice addressed to the County Risk Manager of such intent to cancel or not to renew."

F.    Within 60 days after receipt by the County of said notice, and in no event later than 30 days prior to said cancellation, the Grantee shall obtain and furnish to the County replacement insurance policies meeting the requirements of this Chapter.

G.    If Grantee can show to the County Risk Manager's satisfaction that an entity is financially able to self insure the exposures, a substitution for insurance will be considered.

(Ord. 2000-57s § 2 (part), 2001; Ord. 96-124 § 1 (part), 1997)

12.34.632 General Indemnification.

In addition to and distinct from the insurance requirements of this Chapter, each Grantee hereby agrees to defend, indemnify and hold the County and its officers, officials, employees, agents and representatives harmless from and against any and all damages, losses and expenses, including reasonable attorneys' fees and costs of suit or defense, arising out of, resulting from or alleged to arise out of or result from the acts, omissions, failure to act or misconduct of the Grantee or its affiliates, officers, employees, agents, contractors or subcontractors in the construction, operation, maintenance, repair or removal of its Cable or Telecommunications Facilities, and in providing or offering Cable Services over the facilities or network, whether such acts or omissions are authorized, allowed or prohibited by this Chapter or by a grant agreement made or entered into pursuant to this Chapter. (Ord. 2002-60 § 1 (part), 2002; Ord. 96-124 § 1 (part), 1997)

12.34.634 Performance and Restoration Surety.

Before a franchise granted pursuant to this Chapter is effective, and as necessary thereafter, the Grantee shall provide and deposit such monies, bonds, letters of credit or other instruments in form and substance acceptable to the County as may be required by this Chapter, or by an applicable franchise or other applicable code, ordinance, or rules and regulations of the County. (Ord. 2000-37s § 2 (part), 2001; Ord. 96-124 § 1 (part), 1997)

12.34.638 Restoration Bond.

Unless otherwise provided in a franchise, a restoration bond written by a surety acceptable to the County equal to at least 100 percent of the estimated cost of restoration as required as a result of constructing the Grantee's Cable or Telecommunications facilities within rights-of-way shall be deposited before construction is commenced. An applicant's status as a "Utility in Good Standing" pursuant to PCC 12.32.140 and the "Manual on Accommodating Utilities in Pierce County Rights-of-Way" may be considered in setting the appropriate restoration bond amount, including any reduction below 100 percent of the estimated cost of restoration.

A.    The restoration bond shall remain in force until 60 days after substantial completion of the work, as determined by the County Engineer or designee, including restoration of all rights-of-way and other property affected by the construction.

B.    The restoration bond shall guarantee, to the satisfaction of the County:

1.    timely completion of restoration;

2.    restoration in compliance with applicable plans, permits, technical codes and standards;

3.    proper restoration of the facilities as specified by the County; and

4.    restoration of the rights-of-way and any other property affected by the construction.

(Ord. 2016-9 § 2 (part), 2016; Ord. 2002-60 § 1 (part), 2002; Ord. 2000-37s § 2 (part), 2001; Ord. 96-124 § 1 (part), 1997)

12.34.640 Coordination of Construction Activities.

All Grantees are required to cooperate with the County and with each other. Therefore, coordination of all work shall be in accordance with Chapter 12.32 PCC and the project coordination provisions contained in the "Manual on Accommodating Utilities in Pierce County Rights-of-Way." (Ord. 2016-9 § 2 (part), 2016; Ord. 96-124 § 1 (part), 1997)

12.34.642 Assignments or Transfers of Grant of Cable Franchise.

Ownership or control of a Cable Television System or franchise or any part of transmission capacity may not directly or indirectly, be transferred, assigned or disposed of by sale, lease, merger, consolidation, or other act of the Grantee, by operation of law or otherwise, nor may there be a transfer of working control (which includes not only actual control, but also the ability to affect or influence decisions) without the prior written consent of the County, which consent shall not be unreasonably withheld or delayed, as expressed by ordinance and then on such conditions as may be prescribed therein and:

A.    No grant shall be assigned or transferred in any manner within 12 months after the initial grant of the franchise, unless otherwise provided by law.

B.    Absent extraordinary and unforeseeable circumstances, no grant, system or integral part of a system shall be assigned or transferred before construction of the Cable Television System has been completed, unless otherwise provided by law.

C.    The Grantee and the proposed assignee or transferee of the grant or system shall provide and certify the following information to the County Executive or designee.

1.    Information setting forth the nature, terms and conditions of the proposed transfer or assignment;

2.    All information required of a franchise applicant pursuant to this Chapter with respect to the proposed transferee or assignee;

3.    All information required by federal, state and local law or regulation. [For Example, Federal Communication Commission Form 394];

4.    Any other information reasonably required by the County Executive or designee. If the County requests a copy of the deed, agreement, or other written instrument from the Grantee evidencing such sale, merger, consolidation, or other instrument evidencing transfer of actual or working control, such document may be redacted to delete monetary compensation terms. However, this provision does not limit or waive the County's authority to require disclosure of monetary compensation terms or other financial information from the transferee or assignee prior to County consent in order to evaluate its financial condition and ability to meet its compliance obligations under this Chapter and any franchise agreement.

D.    No transfer shall be approved unless the assignee or transferee has the legal, technical, financial, and other qualifications in County's reasonable discretion to own, hold and operate the Cable Television System pursuant to this Chapter.

E.    The Grantee shall reimburse the County for all direct and indirect fees, costs and expenses incurred by the County in considering a request to transfer ownership in or assign a franchise.

F.    Any transfer of ownership in or assignment of a franchise, system or integral part of a system without prior approval of the County under this Chapter shall be void and is cause for revocation of the grant.

G.    Upon receipt of all information required herein, and any other information required by the County, the County shall have 120 days to review and approve or deny the requested assignment or transfer, unless such period is extended by agreement of the County and Grantee.

(Ord. 2002-60 § 1 (part), 2002; Ord. 2000-57s § 2 (part), 2001; Ord. 96-124 § 1 (part), 1997)

12.34.644 Transactions Affecting Control of Grant of Cable Franchise.

Unless otherwise provided in the franchise, any transaction which results in any change of the ownership or in any manner the working control of the Grantee, of the ownership or working control of a franchise, of the ownership or working control of affiliated entities having ownership or working control of the Grantee or of a Cable Television System, or of control of the capacity or bandwidth or any part of the transmission capacity of the Grantee's Cable Television System, Facilities or any parts thereof, all defined as 5 percent or more ownership or control, shall be considered an assignment or transfer requiring County approval hereunder. Transactions between wholly owned subsidiaries or affiliated entities are exempt from County approval. (Ord. 2002-60 § 1 (part), 2002; Ord. 96-124 § 1 (part), 1997)

12.34.646 Revocation or Termination of Grant.

A franchise granted by the County to use or occupy rights-of-way may be revoked for any one or more of the following reasons:

A.    Construction or operation at an unauthorized location.

B.    Unauthorized transfer of control of the Grantee of a cable franchise.

C.    Unauthorized assignment of a cable franchise.

D.    Unauthorized sale, assignment or transfer of the Grantee's cable franchise assets or an interest therein.

E.    Misrepresentation by or on behalf of a Grantee in any application to the County.

F.    Abandonment of Telecommunications Facilities in the rights-of-way.

G.    Failure to relocate or remove facilities as required in this Chapter.

H.    Failure to pay taxes, compensation, fees or costs when and as due the County.

I.    Insolvency or bankruptcy of the Grantee.

J.    Violation of a material provision of this Chapter.

K.    Violation of a material term of a franchise.

(Ord. 2002-60 § 1 (part), 2002; Ord. 96-124 § 1 (part), 1997)

12.34.648 Notice and Duty to Cure.

In the event that the County Executive or designee believes that grounds exist for revocation of a franchise, the Grantee shall be given written notice of the apparent violation or noncompliance, be provided a short and concise statement of the nature and general facts of the violation or noncompliance, and be given a reasonable period of time not exceeding 30 days to furnish evidence:

A.    That corrective action has been, or is being actively and expeditiously pursued, to remedy the violation or noncompliance.

B.    That rebuts the alleged violation or noncompliance.

C.    That it would be in the public interest to impose some monetary damages, penalty or sanction less than revocation.

(Ord. 2000-57s § 2 (part), 2001; Ord. 96-124 § 1 (part), 1997)

12.34.650 Hearing.

In the event that a Grantee fails to provide evidence reasonably satisfactory to the County Executive or designee as provided hereunder, the County Executive or designee shall refer the apparent violation or noncompliance to the Pierce County Hearing Examiner. The Pierce County Hearing Examiner shall provide the Grantee with notice and a reasonable opportunity to be heard concerning the matter. (Ord. 2000-57s § 2 (part), 2001; Ord. 96-124 § 1 (part), 1997)

12.34.652 Standards for Revocation or Lesser Sanctions.

If persuaded that the Grantee has violated or failed to comply with a material provision of this Chapter or of a franchise or applicable codes, ordinances, statutes, rules, or regulations, the Pierce County Hearing Examiner shall determine whether to revoke the franchise, and issue a written decision relating thereto, or to establish some monetary damages, penalty, lesser sanction and cure, considering the nature, circumstances, extent and gravity of the violation as reflected by one or more of the following factors:

A.    Whether the misconduct was egregious.

B.    Whether substantial harm resulted.

C.    Whether the violation was intentional.

D.    Whether there is a history of prior violations of the same or other requirements.

E.    Whether there is a history of overall compliance.

F.    Whether the violation was voluntarily disclosed, admitted or cured.

(Ord. 2000-57s § 2 (part), 2001; Ord. 96-124 § 1 (part), 1997)

ARTICLE VII – CONSTRUCTION

12.34.700 Construction Standards.

No person shall commence or continue with the construction, installation or operation of Cable or Telecommunications Facilities within the County except as provided in Chapter 12.32 PCC. (Ord. 2002-60 § 1 (part), 2002; Ord. 2000-57s § 2 (part), 2001; Ord. 96-124 § 1 (part), 1997)

12.34.705 Construction Codes.

Cable or Telecommunications Facilities shall be constructed, installed, operated and maintained in accordance with all applicable federal, state and local codes, rules and regulations including, but not limited to, the National Electrical Safety Code. (Ord. 2002-60 § 1 (part), 2002; Ord. 96-124 § 1 (part), 1997)

12.34.710 Utility Right-of-Way Permits.

No person shall construct or install any Cable or Telecommunications Facilities within the County without first obtaining a utility right-of-way permit therefor, provided, however:

A.    No permit shall be issued for the construction or installation of Cable or Telecommunications Facilities within the County unless the Grantee has filed a registration statement with the County pursuant to this Chapter.

B.    No permit shall be issued for the construction or installation of Cable or Telecommunications Facilities in rights-of-way unless the Grantee has applied for and received a franchise pursuant to this Chapter.

C.    No permit shall be issued for the construction or installation of Cable or Telecommunications Facilities without payment of all fees pursuant to this Chapter and the "Manual on Accommodating Utilities in Pierce County Rights-of-Way."

(Ord. 2016-9 § 2 (part), 2016; Ord. 2002-60 § 1 (part), 2002; Ord. 96-124 § 1 (part), 1997)

12.34.715 Applications.

Applications for permits to construct Cable or Telecommunications Facilities shall be submitted in accordance with Chapter 12.32 PCC. The applicant shall pay all associated fees and shall include any additional information necessary to process the permit as requested by the County Executive or designee. The application shall be accompanied by drawings, plans, and specifications in sufficient detail to demonstrate:

A.    That the facilities will be constructed in accordance with all applicable codes, rules and regulations.

B.    The location and route of all facilities to be installed on existing utility poles.

C.    The location and route of all facilities to be located under the surface of the ground, including the line and grade proposed for the burial at all points along the route which are within the rights-of-way.

D.    The location of all other facilities to be constructed within the County, outside of County rights-of-way.

E.    The construction methods to be employed for protection of existing structures, fixtures and facilities within or adjacent to rights-of-way.

(Ord. 2016-9 § 2 (part), 2016; Ord. 2002-60 § 1 (part), 2002; Ord. 2000-57s § 2 (part), 2001; Ord. 96-124 § 1 (part), 1997)

12.34.720 Construction Surety.

Prior to issuance of a utility right-of-way permit, the permittee shall provide a restoration bond, as provided in PCC 12.34.638. (Ord. 2000-57s § 2 (part), 2001; Ord. 96-124 § 1 (part), 1997)

12.34.725 Location of Facilities.

Unless otherwise specified in a franchise or cable franchise, all facilities shall be constructed, installed and located in accordance with the following terms and conditions:

A.    Cable or Telecommunications Facilities shall be installed within an existing County owned underground duct or conduit whenever Excess Capacity exists. Otherwise, installation of such facilities shall be done using methods consistent with the standards, codes, and regulations applicable to the type of facilities being installed and Pierce County's "Manual on Accommodating Utilities in Pierce County Right-of-Way".

B.    A franchisee with written authorization to install Overhead Facilities shall install its facilities on pole attachments to existing utility poles only, and then only if Surplus Space is available. Installation of new poles may be approved by the County Engineer on a case-by-case basis.

C.    Whenever all existing telephone, electric utilities, cable facilities and Cable or Telecommunications Facilities are located underground within rights-of-way a restricted franchisee with written authorization to occupy the same rights-of-way must also locate its Telecommunications Facilities underground.

D.    Whenever all new or existing telephone, electric utilities, cable facilities and Telecommunications Facilities are located or relocated underground within rights-of-way, a franchisee that currently occupies the same rights-of-way shall concurrently relocate its facilities underground at its expense.

(Ord. 2002-60 § 1 (part), 2002; Ord. 96-124 § 1 (part), 1997)

12.34.730 Conduit Occupancy.

In furtherance of the public purpose of reduction of right-of-way excavation, it is the goal of the County to encourage both the shared occupancy of underground conduit as well as the construction, whenever possible, of excess conduit capacity for occupancy of future right-of-way occupants. (Ord. 2002-60 § 1 (part), 2002; Ord. 96-124 § 1 (part), 1997)

12.34.735 Franchisee Occupancy of County Owned Conduit.

If the County owns conduit in the path of Franchisee's proposed Cable or Telecommunications Facilities, and provided it is technologically feasible for Franchisee to occupy the conduit owned by County, Franchisee shall be required to occupy the conduit owned by the County in order to reduce the necessity to excavate the right-of-way. Franchisee shall pay to the County a fee for such occupancy which shall be the cost Franchisee would have expended to construct its own conduit from the outset, as certified by the Franchisee's engineer and approved by the County Engineer. The County and the Franchisee may agree to amortize the fee through annual payments to the County over the term of the Franchise, including the time value of money. (Ord. 2002-60 § 1 (part), 2002; Ord. 96-124 § 1 (part), 1997)

ARTICLE VIII – FEES

12.34.810 Application and Review Fee. Revised 3/18

Any applicant for a franchise pursuant to this Chapter shall pay an application review and processing fee pursuant to PCC 12.32.070. This fee covers the costs incurred by the Pierce County Department of Planning and Public Works in reviewing and processing a franchise application. (Ord. 2017-12s § 2 (part), 2017; Ord. 2015-25s § 2 (part), 2015; Ord. 2000-57s § 2 (part), 2001; Ord. 96-124 § 1 (part), 1997)

12.34.850 Reserved Compensation for Use of Rights-of-Way.

The County reserves its right to fix a fair and reasonable compensation to be paid for the authorization granted to a Grantee. Nothing in this Chapter shall prohibit the County and a Grantee from agreeing to said compensation. (Ord. 2000-57s § 2 (part), 2001; Ord. 96-124 § 1 (part), 1997)

12.34.860 Compensation for County Property.

If the right is granted by lease, franchise or other manner, to use and occupy County Property for the installation or use of Cable or Telecommunications Facilities, the compensation to be paid shall be fixed solely by the County. (Ord. 2002-60 § 1 (part), 2002; Ord. 2000-57s § 2 (part), 2001; Ord. 96-124 § 1 (part), 1997)

12.34.870 Utility Right-of-Way Permit Fee.

Prior to issuance of a utility right-of-way permit, the permittee shall pay a permit fee in accordance with the "Manual on Accommodating Utilities in Pierce County Rights-of-Way." (Ord. 2016-9 § 2 (part), 2016; Ord. 2000-57s § 2 (part), 2001; Ord. 96-124 § 1 (part), 1997)

12.34.880 Regulatory Fees and Compensation Not a Tax.

The regulatory fees and costs provided for in this Chapter, and any compensation charged and paid for use of rights-of-way provided for herein, are to the extent provided by law, separate from, and additional to, any and all federal, state, local and County taxes as may be levied, imposed or due from a Cable or Telecommunications Carrier or Provider, its customers or subscribers, or on account of the lease, sale, delivery or transmission of Cable Services. (Ord. 2002-60 § 1 (part), 2002; Ord. 96-124 § 1 (part), 1997)

ARTICLE IX – MISCELLANEOUS

12.34.900 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.

This Chapter shall be in full force and effect from and after its passage, approval and publication in form as provided by law.

(Ord. 2000-57s § 2 (part), 2001; Ord. 96-124 § 1 (part), 1997)