Chapter 23.20
FRANCHISE
Sections:
23.20.030 Determination by the city.
23.20.090 Construction permits.
23.20.100 Compensation to city.
23.20.120 Renewal applications.
23.20.130 Renewal determinations.
23.20.140 Obligation to cure as a condition of renewal.
23.20.010 Franchise.
To the extent permitted by state and federal law, a franchise shall be required of any telecommunications service provider who desires to occupy city rights-of-way for facilities used to provide services to locations within the city. A franchise shall also be required for any person who provides cable television services to any person or area in the city by using city rights-of-way.
(Ord. 360 § 1, 2002).
23.20.020 Application.
Any person that desires a franchise hereunder shall file an application with the city permit center.
(Ord. 360 § 1, 2002).
23.20.030 Determination by the city.
Within 120 days after receiving a complete application hereunder, the city council shall make a determination 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 standards enumerated in UPMC 23.15.030 shall apply when determining to grant or deny the application.
(Ord. 360 § 1, 2002).
23.20.040 Agreement.
No franchise shall be granted hereunder unless the applicant and the city 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 pursuant to Washington law.
(Ord. 360 § 1, 2002).
23.20.050 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. 360 § 1, 2002).
23.20.060 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.
C. No franchise granted hereunder shall be construed as any warranty of title.
(Ord. 360 § 1, 2002).
23.20.070 Term of grant.
Unless otherwise specified in a franchise agreement, a telecommunications franchise granted hereunder shall be valid for a term of not more than 50 years.
(Ord. 360 § 1, 2002).
23.20.080 Territory.
A telecommunications franchise granted hereunder shall be limited to the specific geographic area of the city to be served by the franchisee, and the specific rights-of-way and portions thereof, as may be identified in the franchise agreement.
(Ord. 360 § 1, 2002).
23.20.090 Construction permits.
All franchisees are required to obtain right-of-way use, building, site development permits and such other permits as the city requires to locate specific facilities at a specific location and pay all fees as reasonably required by the city. Nothing in this title shall prohibit the city and a franchisee from agreeing to alternative plan review, permit and construction procedures to expedite permit processing in a franchise agreement, provided such alternative procedures provide substantially equivalent safeguards for responsible construction practices.
(Ord. 360 § 1, 2002).
23.20.100 Compensation to city.
To the extent permitted by state and federal law, each franchise 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 a franchise; provided nothing in this title shall prohibit the city and a franchisee from agreeing upon the compensation to be paid.
(Ord. 360 § 1, 2002).
23.20.110 Amendment of grant.
A. A franchise amendment shall be required of any telecommunications carrier that desires to extend its franchise territory or to locate its telecommunications facilities into rights-of-way that are not included in a franchise previously granted hereunder.
B. If ordered by the city to locate or relocate its telecommunications facilities in rights-of-way not included in a previously granted franchise, the city shall grant a franchise amendment without further application.
C. A franchise amendment shall not be required of any telecommunications service provider that desires to add to or modify the telecommunications services provided pursuant to a franchise previously granted unless the telecommunications service provider wishes to become a cable television service provider as well.
(Ord. 360 § 1, 2002).
23.20.120 Renewal applications.
A franchisee that desires to renew its franchise hereunder shall, not less than 90 days before expiration of the current franchise, file an application with the city for renewal of its franchise which shall include the following information:
A. The applicable information required pursuant to the franchise application.
B. Any other information reasonably required by the city consistent with its obligation to manage public rights-of-way for the public benefit.
(Ord. 360 § 1, 2002).
23.20.130 Renewal determinations.
Within 120 days after receiving a complete application hereunder, the city council shall make a written determination granting or denying the renewal application in whole or in part. If the renewal application is denied, the determination shall include the reasons for nonrenewal. The standards enumerated in UPMC 23.15.030 and a determination of the applicant’s compliance with both the requirements of this title and the franchise agreement shall apply when determining to grant or deny the renewal application.
(Ord. 360 § 1, 2002).
23.20.140 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 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 franchisee has been approved by the city.
(Ord. 360 § 1, 2002).