A Telecommunications Franchise shall be required of any telecommunications provider or carrier or other person who desires to occupy public ways of the City and to provide telecommunications services to any person or area in the City. Provided, however, that a Telecommunications Right-of –Way Use Authorization may, with the approval of the Public Works Director, be substituted for a Telecommunications Franchise in the following circumstances:
A. 
Privately owned telecommunications networks or systems which are operated solely for purposes other than offering telecommunications services to other persons or the general public. An example of such a network or system includes, but is not limited to, a telecommunications network connecting two business facilities under common ownership or control, when said facilities are not offered to other business entities or persons.
B. 
De minimus uses of public ways made in conjunction with a wireless telecommunications facility located entirely upon publicly or privately owned property.
Any person who desires a Telecommunications Franchise pursuant to this Chapter shall file an application with the City which, in addition to the information required by Section 12.12.0150 of this Chapter, shall include the following:
A. 
Whether the applicant intends to provide cable service, video dial tone service or other video programming service, and sufficient information to determine whether such service is subject to cable franchising;
B. 
An accurate map showing the location of any existing telecommunications facilities in the City that applicant intends to use or lease;
C. 
A description of the services or facilities that the applicant will offer or make available to the City and other public, educational and governmental institutions;
D. 
A description of applicant's access and line extension policies;
E. 
The area or areas of the City the applicant desires to serve and a schedule for build out to the entire franchise area;
F. 
All fees, deposits or charges required pursuant to this Chapter;
G. 
Such other and further information as may be requested by the City; and
H. 
An application fee which shall be set by the City Council by resolution.
Within 120 days after receiving a complete application under Section 12.12.0330 hereof, the City shall issue a written determination granting or denying the application in whole or in part. Prior to granting or denying a franchise under this Article, the City Council shall conduct a public hearing and make a decision based upon the standards set forth below. Pursuant to RCW 35A.47.040, the City Council shall not approve any franchise hereunder until the next regularly scheduled Council meeting following the public hearing. If the application is denied, the written determination shall include the reason for denial.
A. 
Whether the applicant has received all requisite licenses, certificates, and authorizations from the Federal Communications Commission, the Washington Utilities and Transportation Commission, and any other federal or state agency with jurisdiction over the activities proposed by the applicant.
B. 
The capacity of the public ways to accommodate the applicant's proposed facilities.
C. 
The capacity of the public ways to accommodate additional utility and telecommunications facilities if the franchise is granted.
D. 
The damage or disruption, if any, of public or private facilities, improvements, service, travel or landscaping if the franchise is granted.
E. 
The public interest in minimizing the cost and disruption of construction within the public ways.
F. 
The service that applicant will provide to the community and region.
G. 
The effect, if any, on public health, safety and welfare if the franchise requested is granted.
H. 
The availability of alternate routes and/or locations for the proposed facilities.
I. 
Applicable federal and state telecommunications laws, regulations and policies.
J. 
Such other factors as may demonstrate that the grant to use the public ways will serve the community interest.
No Telecommunications Franchise shall be deemed to have been granted hereunder until the applicant and the City have executed a written agreement setting forth the particular terms and provisions under which the franchisee has been granted the right to occupy and use public ways of the City.
No franchise granted under this Article shall confer any exclusive right, privilege, license or franchise to occupy or use the public ways of the City for delivery of telecommunications services or any other purposes.
No franchise granted under this Article shall convey any right, title or interest in the public ways, but shall be deemed a franchise only to use and occupy the public ways for the limited purposes and term stated in the grant. Further, no franchise shall be construed as any warranty of title.
Unless otherwise provided in the franchise ordinance, a Telecommunications Franchise granted under this Article shall be limited to the specific geographic area of the City to be served by the franchisee, and the specific public ways necessary to serve such areas.
Each franchise granted under this Article is subject to the City's right, which is expressly reserved, to annually fix a fair and reasonable compensation to be paid for the franchise rights granted to the franchisee; provided, that nothing in this Chapter shall prohibit the City and a franchisee from agreeing to the compensation to be paid. Provided, further, that the compensation required from any telecommunications provider or carrier engaged in the "telephone business," as defined in RCW 82.04.065 shall be consistent with RCW 35.21.860.
A franchisee which purports to serve the general public 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.
Except as otherwise provided within a franchise ordinance, a new franchise application and grant shall be required of any telecommunications carrier or provider that desires to extend its franchise territory or to locate its telecommunications facilities in public ways of the City which are not included in a franchise previously granted under this Article. If ordered by the City to locate or relocate its telecommunications facilities in public ways not included in a previously granted franchise, the City shall grant a franchise amendment without further application.
A franchisee that desires to renew its franchise under this Article for an additional term shall, not more than 180 days nor less than 120 days before expiration of the current franchise, file an application with the City for renewal of its franchise which shall include the following:
A. 
The information required pursuant to Section 12.12.0330 of this Chapter;
B. 
Any information required pursuant to the franchise agreement between the City and the grantee;
C. 
All deposits or charges required pursuant to this Chapter; and
D. 
An application fee which shall be set by the City Council by resolution.
Within 120 days after receiving a complete application for renewal under Section 12.12.0430 hereof, the City shall issue a written determination granting or denying the renewal application in whole or in part. Prior to granting or denying renewal of a franchise under this Article, the City Council shall conduct a public hearing and make a decision based upon the standards set forth below. If the renewal application is denied, the written determination shall include the reasons for non-renewal.
A. 
The continuing capacity of the public ways to accommodate the applicant's existing facilities.
B. 
The applicant's compliance with the requirements of this Chapter and the franchise agreement.
C. 
Applicable federal, state and local telecommunications laws, rules and policies.
D. 
Such other factors as may demonstrate that the continued grant to use the public ways will serve the community interest.
No franchise shall be renewed until any ongoing violations or defaults in the franchisee's performance of the franchise agreement, or of the requirements of this Chapter, have been cured, or a plan detailing the corrective action to be taken by the franchisee has been approved by the City.
Each franchise granted under this Article is subject to the City's right, which is expressly reserved, to require the franchisee to make an equitable and nondiscriminatory contribution to the preservation and advancement of universal service to the extent permitted by state and federal law.
Each franchise granted under this Article is subject to the City's right, which is expressly reserved, to annually fix a fair and reasonable compensation to be paid as reimbursement for the City's costs in connection with reviewing, inspecting and supervising the use and occupancy of the public ways on behalf of the public and existing or future users.
All franchisees shall, within 30 days after written demand, reimburse the City for all direct and indirect costs and expenses incurred by the City in connection with any modification, review, amendment, renewal or transfer of the franchise or any franchise agreement. In addition, all franchisees shall, within 30 days after written demand, reimburse the City for any and all costs the City reasonably incurs in response to any emergency involving the franchisee's telecommunications facilities. Finally, all franchisees shall, within 30 days after written demand, reimburse the City for the franchisee's proportionate share of all actual, identified expenses incurred by the City in planning, constructing, installing, repairing or altering any City facility as a result of the presence in the right-of-way of the franchisee's telecommunications facilities.