Except as expressly provided otherwise, any act that a communications system operator, its contractors or subcontractors are required to perform under this article shall be performed at their cost. If a communications system operator fails to perform work that it is required to perform within the time provided for performance, the city may perform the work and bill the communications system operator therefor. The communications system operator shall pay the amounts billed within 30 days.
(Ord. 1402 § 1(11.01.6.1), 2001)
A. 
The construction, operation, and repair of communications facilities are subject to the supervision of all of the authorities of the city that have jurisdiction in such matters and shall be performed in compliance with all laws, ordinances, departmental rules and regulations and practices affecting such system. By way of example, and not limitation, this includes zoning codes and safety codes and city construction standards, including the most current version of the Standard Specifications for Road, Bridge and Municipal Construction, as prepared by the Washington State Department of Transportation (WSDOT) and the Washington State Chapter of American Public Works Association (APWA), the most current version of the APWA Amendments to Division One, and the most current version of the city of Fife amendments thereto. In addition, the construction, operation, and repair shall be performed in a manner consistent with high industry standards. Persons engaged in the construction, operation, or repair of communications facilities shall exercise reasonable care in the performance of all their activities and shall use commonly accepted methods and devices for preventing failures and accidents that are likely to cause damage, injury, or nuisance to the public or to property.
B. 
Construction, operation, or repair of a communications system shall not commence until all required permits have been properly filed for and obtained from the proper city officials and all required permits and associated fees paid. In any permit so issued, the city may impose as a condition of the granting of the permit such conditions and regulations as may be necessary to the management of the rights-of-way, including, by way of example and not limitation, for the purpose of protecting any structures in the public rights-of-way, for the proper restoration of such public rights-of-way and structures, and for the protection of the city and the public and the continuity of pedestrian and vehicular traffic. A franchise, license or permit or other applicable provision of the Fife Municipal Code may provide for the conditions under which certain emergency work may be undertaken prior to obtaining certain permits where such work is necessary to immediately remedy an emergency situation involving an imminent danger to health, safety or property or to temporarily restore communication system services which have been disrupted by storms, earthquakes, riots or other unexpected accidents or phenomenon; provided, however, that the communication system operator undertaking such emergency work shall be required to (1) give notice to the city of the commencement of the emergency work as quickly as practical, (2) apply for the permits which would otherwise be required for such work by the next business day from the commencement of such work, and (3) conform any work performed prior to the approval of the required permit and to carry out any other work in the area involved in accordance with the requirements of the permit.
C. 
Operators of communications systems must follow city-established requirements for placement of facilities in public rights-of-way, including the specific location of facilities in the public rights-of-way, and must in any event install facilities in a manner that minimizes interference with the use of the public rights-of-way by others, including others that may be installing communications facilities. The city may require that facilities be installed at a particular time, at a specific place, or in a particular manner as a condition of access to a particular right-of-way, may deny access if an operator is not willing to comply with the city's requirements, and may remove, or require removal of, any facility that is not installed in compliance with the requirements established by the city, or which is installed without prior city approval of the time, place, or manner of installation and charge the operator of the facility for all the costs associated with removal, and may require a person using the rights-of-way to cooperate with others to minimize adverse impacts on the rights-of-way through joint trenching, joint use of facilities and other arrangements.
D. 
Upon order of the city manager, all work which does not comply with the permit, the approved plans or specifications for the work, or the requirements of this title or other applicable law shall be removed.
E. 
Unless otherwise agreed or provided in a franchise, license or permit a communication systems operator shall be required to reimburse and hold harmless the city for any cost or expense reasonably incurred by the city in the planning, construction, installing, altering or implementing any public work as a result of the construction or the presence in the public right-of-way of the facility of such communication system operator.
F. 
Additional Conduit for Use by City and Others. To minimize disruption of public passage or infrastructure, to forestall or relieve exhaustion of rights-of-way capacity, to protect environmentally sensitive areas, to prevent additional cost to future users of the public rights-of-way by reason of the placement of communication facilities or to meet other foreseeable needs of the city, the city may require as a condition of issuing any right-of-way permit for installation of communication facilities that the franchisee, licensee or permittee provide conduit or conduit capacity and related access facilities in excess of its own present and reasonably foreseeable requirements for the purpose of accommodating the city and/or other franchisees and licensees. This shall be provided at no cost to the city and under terms and conditions as may be agreed to, or in any event under terms and conditions not prohibited by law and at a maximum cost to the city not in excess of that required by law. If the franchisee, licensee or permittee does not provide such additional facilities under an agreement and at a cost satisfactory to the city, then the franchisee, licensee, or permittee may be obligated to remove, modify or relocate its facilities as necessary as determined by the city engineer to allow any future user to locate its facilities in the public right-of-way at no greater cost than would have been incurred by such future user if the facilities of such franchisee, licensee or permittee had not been placed in the public right-of-way.
G. 
Unless otherwise specified in a franchise, all facilities shall be constructed, installed, and located in accordance with the following terms and conditions:
1. 
Communication system facilities shall be installed and maintained underground (including facilities such as drops which cross private property) and in full compliance with any and all ordinances and regulations of the city now or hereafter in effect except that (a) those portions of wireless communication facilities which must be above ground in order to function for their intended purpose may be located above ground, and (b) those portions of other communication facilities (wireline facilities) which are allowed to be placed above ground under other provisions of the Fife Municipal Code, city ordinances or regulations may be located above ground if, in addition to complying with any other requirement imposed, the communications system operator agrees in a form satisfactory to the city to place any such facilities underground at the communication system operator's cost at any time requested by the city in accordance with any regulatory ordinances and underground policies which the city may adopt.
2. 
No new poles or extenders on poles to increase capacity shall be allowed in the public rights-of-way and all new overhead facilities of any nature are prohibited unless specifically allowed under this chapter or other applicable provisions of the Fife Municipal Code.
3. 
The specific location within the right-of-way and the method of installing facilities underground or overhead will be subject to approval by the city engineer. Cutting of pavement in the public right-of-way shall be prohibited where the city engineer approves locating underground facilities in the unimproved portions of the right-of-way or in the sidewalk areas or requires alternative methods for undergrounding not requiring trenching or the cutting of pavement.
4. 
Cutting of pavement shall be prohibited in any event in a newly constructed or reconstructed street for a period of five years from the paving of such street or in a street where a trench was previously available for a period of three years from the date the trench was available. The city may require as a condition to the occupancy of the rights-of-way that communication facilities be located within existing underground ducts or conduits wherever the capacity exists; provided, however, the public works director may in his or her discretion permit pot-holing (subject to conditions to alleviate the harmful effects) where conduit is to be placed underground by means of directional boring and the person seeking permission has provided evidence satisfactory to the public works director that (a) such pot-holing is necessary to avoid interference with existing utilities, (b) such pot-holing is the only reasonable alternative available to locate existing utilities, and (c) such pot-holing will result in little or no visual or other detrimental impact to the street.
5. 
Undergrounding of Existing Facilities. Unless prohibited by law or unless provided otherwise under a franchise, license or permit, existing overhead communication facilities in the right-of-way shall be placed underground or removed from the public rights-of-way by the owner at no cost to the city when any of the following conditions or events occur: (a) when a street is being newly constructed or reconstructed; (b) when the existing poles need to be replaced or relocated in order to accommodate a public work as defined in FMC 11.01.180(A); (c) when the owners of existing poles underground or the poles are removed; (d) when a usable trench adjacent to existing overhead facilities is opened in the street along the street between two intersecting streets or for a distances of at least 1,000 feet where the distance between two intersecting streets is greater than such distance; (e) if required by any franchise, license, permit or other authorization as a condition for use of the public rights-of-way.
6. 
Nothing herein prohibits the city from ordering all communication systems to be placed underground in a particular area at any time, it being the intent that the number and extent of overhead facilities and the visual pollution resulting therefrom will, over time, be reduced and eventually, to the extent feasible, eliminated.
H. 
Any and all public rights-of-way, public property, or private property that is disturbed or damaged during the construction, operation, repair or removal of a communications facility shall be promptly repaired by the communications system operator that disturbed or damages the public rights-of-way, public property or private property. Public property and public right-of-way must be restored to the satisfaction of the city and to a condition as good or better than before the disturbance or damage occurred. A communication system operator shall continue to maintain the restored street area, which may consist of curb, gutter, sidewalk, pavement, or other restored appurtenances, in a condition as good as or better than the condition of the adjacent undisturbed area of the street for the life of the street (to the extent such maintenance or restoration is required (1) as a result of the restored street area being defective or otherwise inferior to the adjacent undisturbed area of the street, or (2) as a result of the presence of the facilities of the communication system operator) until the restored area is repaved or reconstructed by a different party, except when such repaving or reconstruction is a result of enforcement action by the city for the lack of such maintenance activity, unless (1) the assessment of the impact assessment under FMC 11.01.110(C) provides for an exemption, or (2) a franchise, license or permit specifically exempts the communication system operator from such obligation.
I. 
No tree trimming shall be performed without the permission of the city and other affected authorities, and any tree trimming must be performed in strict accordance with the city code.
J. 
Within 48 hours after notice from the city, a communications system operator shall remove any graffiti on any part of its communications system in the public rights-of-way (including by way of example and not limitation) equipment cabinets. If the operator fails to do so, the city may remove the graffiti and bill the operator for the cost thereof.
K. 
Wireless Communication Services Facilities.
1. 
Defined. "Wireless communication facilities" are those facilities which the city has authorized to be placed in the public rights-of-way and which are necessary for the provision of personal wireless services. "Personal wireless services" means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services as defined by federal law and regulations.
2. 
Location in Streets. After obtaining a franchise and meeting any other requirements under the Fife Municipal Code as presently existing or as hereafter amended and subject to any other applicable ordinances or regulations, wireless communication facilities may be located in the public rights-of-way subject to the following requirements:
a. 
Wireless communication facilities are prohibited in all public rights-of-way within the city except (i) those public rights-of-way classified as major arterials and located entirely within the boundaries of an area designated as a WCF permitted use overlay area under FMC 19.72.050, and (ii) a wireless communication facility which, together with all above ground antenna facilities, does not exceed 15 inches cubed in volume and does not extend above the structure to which it is attached, is not prohibited in the public right-of-way if it would not be prohibited by the Fife zoning code applicable to the area in which the wireless communication facility is proposed to be located;
b. 
Such wireless communication facilities may only be located in such public right-of-way consistent with the provisions of the franchise approved by the city council and subject to any other requirements of the FMC including but not limited to the requirements to submit an application for the siting of the wireless communication facilities and the obtaining of any permit required under Chapter 19.72 FMC or other applicable city codes or regulations;
c. 
Co-location on existing structures approved by the city is the only allowable installation when locating wireless communication facilities in the public rights-of-way; and
d. 
Only those portions of wireless communication facilities which must be above ground in order to function for their intended purpose may be located above ground.
3. 
No Vesting. A franchise, license or permit of any nature granted by the city permitting the location of a wireless communication facility within the public right-of-way shall not convey any title, equitable or legal, in the public right-of-way nor grant a vested or exclusive right for any facility to be located or to remain at any specific location in the public right-of-way and any right, permission or consent to occupy any specific location in the public right-of-way shall be revocable and terminable at the discretion of the city and the facility therein removed at the cost of the operator (a) in order to allow free and unencumbered use of the public right-of-way for public work, to allow removal or relocation of the structure to which the wireless communication facility is attached, or for any other public purpose as may be in the best public or municipal interest as determined by the city, or (b) where such removal is required by the city to comply with new or amended policies adopted by the city in governing the location and nature of wireless communication facilities in the public rights-of-way.
4. 
Construction Standards and Permits. All antennas and related equipment, facilities, or installations shall, at the time of construction or installation, meet or exceed all applicable American Public Works Association construction standards. Repair shall not be made to an existing antenna or its related equipment, facilities, and installations which will cause the existing antenna and related equipment, facilities, or installations to be in violation of the current American Public Works Association construction standards, nor shall any repair be made when such existing antenna or its related equipment, facilities, or installations are not in compliance with the current American Public Works Association construction standards. No person, firm, or corporation shall construct, repair, or install any wireless communication facility including but not limited to an antenna or its related equipment, facilities, or installations in the public rights-of-way, pursuant to subsection K of this section, without first having obtained a special installation permit to do so from the public works director.
(Ord. 1402 § 1(11.01.6.2), 2001; Ord. 1859 § 19, 2014)
A. 
A communications system operator shall, at its own expense, by a time specified by the city, protect, support, temporarily disconnect, relocate, or remove any of its property when required by the city by reason of traffic conditions; public safety; public right-of-way construction; public right-of-way repair (including resurfacing or widening); operations of the city or other governmental entity in or upon the right-of-way; change of public right-of-way grade; construction, installation or repair of sewers, drains, water pipes, power lines, signal lines, tracks, or any other type of government-owned communications system, public work, public facility or improvement, or any government-owned utility; public right-of-way vacation; or for any other purpose where the work involved would be aided by the removal or relocation of the communications facility. Collectively, such matters are referred to below as the "public work."
1. 
Except in the case of emergencies, the city shall provide written notice describing where the public work is to be performed as soon as practical but at least 30 days prior to the deadline by which a communications system operator must protect, support, temporarily disconnect, relocate or remove its facilities. A communications system operator may seek an extension of the time to perform such tasks where they cannot be performed in 30 days or by the completion time specified even with the exercise of its best efforts, and such request for an extension shall not be unreasonably refused.
2. 
In the event of an emergency, or where a communications facility creates or is contributing to an imminent danger to health, safety, or property, the city may protect, support, temporarily disconnect, remove, or relocate any or all parts of the communications facility without prior notice, and charge the communications system operator for costs incurred.
3. 
If a communication system operator does not comply with the requirements of FMC 11.01.170(E) and the applicable franchise, license or permit does not provide otherwise and if not prohibited by applicable law, the city shall have the right to revoke any right of a communications system operator to have its facilities remain at specific location in the public right-of-way at any time the city determines that the facilities of such communications system operator must be removed from their present location or from the street in order to facilitate a public work in the public right-of-way and upon such revocation of the franchise, license or permit of the communications system operator as to the affected designated facilities the communications system operator shall remove the same and restore the street at its cost.
B. 
If any person that is authorized to place facilities in the rights-of-way requests another communications system operator receiving the request to protect, support, temporarily disconnect, remove, or relocate its facilities to accommodate the construction, operation, or repair of the facilities of such other person, the communications system operator shall, after 30 days' advance written notice, take action to effect the necessary changes requested. Unless the matter is governed by a valid contract or a state or federal law or regulation, or unless the communications facility that is being requested to move was not properly installed, the reasonable cost of the same shall be borne by the person requesting the protection, support, temporary disconnection, removal, or relocation and at no charge to the city, even if the city makes the request for such action.
C. 
A communications system operator shall, on the request of any person holding a valid permit issued by a governmental authority, temporarily raise or lower its wires to permit the moving of buildings or other objects. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same. A communications system operator shall be given not less than seven days' advance notice to arrange for such temporary wire changes.
D. 
A communications system operator may abandon any property in place upon written notice to the city. However, if the city determines within 90 days of the receipt of notice of abandonment from the operator that the safety, appearance, functioning or use of the public rights-of-way and facilities in the public rights-of-way will be adversely affected, the operator must remove its property by a date specified by the city.
(Ord. 1402 § 1(11.01.6.3), 2001; Ord. 2062 § 2, 2021)
A. 
Every communications facility shall be subject to the right of periodic inspection and testing by the city to determine compliance with the provisions of this title, a franchise or license agreement, or other applicable law. The city shall have the right, upon request, to be notified and present when the communications system is tested by the operator to determine compliance with the provisions of this title, a franchise, license or permit, or applicable law where the city has enforcement authority. Each operator must respond to requests for information regarding its system and plans for the system as the city may from time to time issue, including requests for information regarding its plans for construction, operation and repair and the purposes for which the plant is being constructed, operated, or repaired to the extent such plant is or will be in the public right-of-way or has been or will be provided under any franchise, license or permit granted by or requested from the city.
B. 
Underground Services Alert. Each operator of a communications system that places facilities underground shall be a member of the regional notification center for subsurface installations (underground services alert) and shall field mark the locations of its underground communications facilities upon request. The operator shall locate its facilities for the city at no charge.
(Ord. 1402 § 1(11.01.6.4), 2001)
A. 
Work shall be publicized as the city may direct from time to time. The publication of work may be used to notify the public and operators of other communications systems, of the impending work, in order to minimize inconvenience and disruption to the public and to allow joint use by others.
B. 
Each communications system owner shall provide the city a plan for any initial system construction, or for any substantial rebuild, upgrade or extension of its facility, which shall show its timetable for construction of each phase of the project, and the areas of the city that will be affected.
C. 
The city manager may from time to time, when the city receives application for a permit to use a particular route, or upon the city manager's own initiative, designate by published order a route or proposed route for installation of communications facilities and may (1) require all persons who wish to place underground facilities along that route or any part thereof to install them during a specified period, and (2) otherwise prohibit placement of such facilities along the route or any part thereof for 36 months or for such other, longer period as is necessary to protect the public.
(Ord. 1402 § 1(11.01.6.5), 2001)