A franchise shall be required of any telecommunications provider who desires to make use of telecommunications facilities which occupy rights-of-way and to provide telecommunications services to any person or area in the City.
(Ord. 2743 § 1, 2019)
Any person that desires a franchise hereunder shall file an application in accordance with this chapter, which shall include the applicable portions of the required franchise application information.
(Ord. 2743 § 1, 2019)
Within 120 days after receiving a complete application hereunder for a franchise for use by a utility other than one providing personal wireless service through a small wireless facility, the City Engineer, or other department as the City Manager may designate, shall make a recommendation to the City Council on whether to grant or deny the application in whole or in part. An application for a franchise and all permits necessary to and associated with the deployment of a small wireless facility shall be considered in a consolidated process whose completeness shall be determined in accord with 47 CFR 1.6003. A recommendation to deny an application may be based on the criteria contained in Chapter 19.137 MTMC for small wireless facilities proposed for location in the public rights-of-way. With respect to all franchise applications denial may be based on any of the following:
A.
The financial and technical ability of the applicant;
B.
The legal ability of the applicant to provide the service or use proposed for franchise authorization;
C.
The capacity of the rights-of-way to accommodate the applicant's facilities;
D.
The capacity of the rights-of-way to accommodate additional utility and telecommunications facilities if the application is granted;
E.
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;
F.
The public interest in minimizing the cost and disruption of construction with the rights-of-way;
G.
The service that the applicant will provide to the region;
H.
The effect, if any, on general public health, safety and welfare in City's sole opinion if the application is granted;
I.
The availability of alternate routes or locations for the proposed facilities;
J.
Applicable federal, state and local laws, regulations, rules and policies;
K.
Such other factors as may demonstrate that the grant to use the rights-of-way will serve the community interest.
(Ord. 2743 § 1, 2019)
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 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 characteristics of the applicants, do not provide more or less favorable terms and conditions than those required of other franchisees.
(Ord. 2743 § 1, 2019)
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. 2743 § 1, 2019)
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. Franchisee shall obtain the written approval of the facility or structure owner, if the franchisee does not own it, prior to attaching to or otherwise using a facility or structure in the right-of-way.
C.
No franchise granted hereunder shall be construed as any warranty of title.
(Ord. 2743 § 1, 2019)
Unless otherwise specified in a franchise or unless otherwise renewed, a franchise granted hereunder shall be valid for a term of not more than 10 years.
(Ord. 2743 § 1, 2019)
A franchise granted hereunder shall be limited to a grant of use of specific right-of-way and defined portions thereof and/or a specific geographic area of the City to be served by the franchisee, and the specific rights-of-way necessary to serve such area.
(Ord. 2743 § 1, 2019)
Unless otherwise specified in a franchise, all facilities shall be constructed, installed and located in accordance with the following terms and conditions:
A.
Telecommunications facilities shall be installed within an existing underground duct or conduit whenever excess capacity exists within such utility facility, unless such location is not feasible due to the technology employed in the facility.
B.
A franchisee with written authorization to install overhead facilities shall install its telecommunications facilities on pole attachments to existing or replacement utility poles only, and then only if surplus space is available; provided, however, that small wireless facilities may be installed on any structure.
C.
Whenever any existing telephone facilities, electric utilities, cable facilities or telecommunications facilities are located underground within rights-of-way, a franchisee with written authorization to occupy the same rights-of-way must also locate its telecommunications facilities underground to the extent technologically feasible.
D.
Whenever any new or existing telephone facilities, electric utilities, cable facilities or telecommunications facilities are located or relocated underground within rights-of-way, a franchisee shall concurrently relocate its facilities underground if technologically feasible. It is the responsibility of the franchisee to obtain written authorization from the owner of the facility.
E.
If requested, franchisee shall provide the City with additional duct or conduit and related structures necessary to access the conduit; provided, that:
1.
The City enters into a contract with the franchisee consistent with RCW 80.36.150. The contract rates to be charged should recover the incremental costs of the franchisee. If the City makes the additional duct or conduit and related access structures available to any other entity for the purposes of providing telecommunications or cable television service for hire, sale, or resale to the general public, the rates to be charged, as set forth in the contract with the entity that constructed the conduit or duct, shall recover at least the fully allocated costs of the franchisee. The franchisee shall state both contract rates in the contract. The City shall inform the franchisee of the use, and any change in use, of the requested duct or conduit and related access structures to determine the applicable rate to be paid by the City.
2.
Except as otherwise agreed by the franchisee and the City, the City shall agree that the requested additional duct or conduit space and related access structures will not be used by the City to provide telecommunications or cable television service for hire, sale, or resale to the general public.
3.
The City shall not require that the additional duct or conduit space be connected to the access structures and vaults of the franchisee.
4.
The value of the additional duct or conduit requested by the City shall not be considered a public works construction contract.
5.
This subsection shall not affect the provision of an institutional network by a cable television provider under federal law.
(Ord. 2743 § 1, 2019)
All franchisees are required to obtain utility right-of-way permits and pay all fees for telecommunications facilities as required by City of Mountlake Terrace ordinances and/or resolutions. Such permits are use permits within the meaning of RCW 35.99.010(8) and shall be processed in a consolidated permit, to the full extent compliant with state and federal law, within the time frames established as presumptively reasonable periods of time for such review by 47 CFR 1.6003.
(Ord. 2743 § 1, 2019)
A franchisee shall make its telecommunications services available to any customer within its franchise area who shall request such service, without discrimination as to the terms, conditions, rates or charges for the franchisee's services; provided, however, that nothing in this chapter shall prohibit a franchisee from making any reasonable classifications among differently situated customers.
(Ord. 2743 § 1, 2019)
A.
A new franchise application and grant shall be required of any service provider that desires to extend its franchise territory or to locate its telecommunications facilities in rights-of-way which are not included in a franchise previously granted hereunder.
B.
A new franchise application and grant shall be required of any telecommunications provider that desires to add to or modify the telecommunications services provided pursuant to a franchise previously granted.
C.
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.
(Ord. 2743 § 1, 2019)
A franchisee that desires to renew its franchise hereunder shall, not more than 180 days nor 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.
B.
Any other information required by the City.
(Ord. 2743 § 1, 2019)
Within 120 days after receiving a complete application hereunder, the City Engineer, or other department as the City Manager may designate, shall make a recommendation to the City Council on whether the City should grant or deny the renewal application in whole or in part. If the renewal recommendation is to deny, the recommendation shall include the reasons for nonrenewal. The standards enumerated in MTMC § 12.20.140 shall apply when determining to grant or deny the application, plus a determination of the applicant's compliance with the requirements of this chapter and the franchise agreement.
(Ord. 2743 § 1, 2019)
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 City.
(Ord. 2743 § 1, 2019)