The purposes of this chapter are to:
A. 
Permit and manage reasonable access to the right-of-way of the town for communication purposes on a nondiscriminatory basis;
B. 
Establish clear and nondiscriminatory local guidelines, standards, and time frames which use federal guidelines for the exercise of local authority with respect to the regulation of right-of-way use;
C. 
Encourage the provision of advanced and competitive telecommunications services on the widest possible basis to the businesses, institutions, and residents of the town;
D. 
Conserve the limited physical capacity of the public rights-of-way held in public trust by the town;
E. 
Ensure that the town's current and ongoing costs of granting and regulating private accesses to and use of the public rights-of-way are fully paid by the persons seeking such access and causing such costs;
F. 
Ensure that all service providers maintaining facilities or providing services within the town comply with the ordinances, rules, and regulations of the town;
G. 
Ensure that the town can continue to fairly and responsibly protect the public health, safety, and welfare; and
H. 
Enable the town to discharge its public trust consistent with rapidly evolving federal and state regulatory policies, industry competition, and technological development.
(Ord. 695 § 2, 2019)
For the purpose of this chapter, the following terms, phrases, words, and abbreviations shall have the meanings given herein, unless otherwise expressly stated. Words not defined herein shall be given the meaning set forth in Title 47 of the United States Code, as amended, or in Chapter 17.30 YPMC. Words not otherwise defined shall have their common and ordinary meaning:
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. 
"Applicant"
means any person or corporation submitting an application for a franchise.
C. 
"Town"
means the town of Yarrow Point, a municipal corporation of the state of Washington in its present incorporated form or in any later recognized, consolidated, enlarged or reincorporated form.
D. 
"Town property"
means any real property owned by the town, whether in fee or other ownership estate of interest.
E. 
"Town representative"
means the town planner, the town engineer, or the town building official.
F. 
"Excess capacity"
means the volume or capacity in any existing or future duct, conduit, manhole, handhole or other utility facility with the right-of-way that is or will be available for use for additional telecommunications facilities.
G. 
"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.
H. 
"Franchise" or "franchise agreement"
is a contract by which a grantee is allowed to use town right-of-way for the purpose of carrying on the business in which it is generally engaged, including furnishing service to members of the public.
I. 
"Grantee"
means the person, firm or corporation to whom or which a franchise, as defined in this section, is granted by the council under this chapter and the lawful successor, transferee or assignee of such person, firm or corporation.
J. 
"Grantor"
means the town of Yarrow Point acting through its town council.
K. 
"Light pole"
means a pole owned by the town and used primarily for lighting streets, parking areas, parks or pedestrian paths.
L. 
"Overhead facilities"
means utility facilities and telecommunications facilities located above the surface of the ground, including the underground supports and foundations for such facilities.
M. 
"Person"
includes corporations, companies, associations, joint stock companies, firms, partnerships, limited liability companies, other entities, and individuals.
N. 
"Public right-of-way" or "right-of-way"
means land acquired or dedicated for public roads and streets but does not include:
1. 
State highways;
2. 
Land dedicated for road, streets, and highways not opened and not improved for motor vehicle use by the public;
3. 
Structures, including poles and conduits, located within the right-of-way;
4. 
Federally granted trust lands or forest board trust lands;
5. 
Lands owned or managed by the state parks and recreation commission; or
6. 
Federally granted railroad rights-of-way acquired under 43 U.S.C. 912 and related provisions of federal law that are not open for motor vehicle use.
O. 
"Service provider"
is defined consistently with RCW 35.99.010(6). "Service provider" shall include those infrastructure companies that provide telecommunications services or equipment to enable the deployment of personal wireless services.
P. 
"Small wireless" and "small wireless facility"
shall have the same meaning as a "small wireless facility" as set forth in 47 CFR 1.6002.
Q. 
"State"
means the state of Washington.
R. 
"Structure"
means a pole, tower, base station, or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of telecommunications service (whether on its own or commingled with other types of services).
S. 
"Telecommunications facilities"
means the plant, equipment and property including, but not limited to, cables, wires, conduits, ducts, pedestals, electronics, and other appurtenances used or to be used to transmit, receive, distribute, provide or offer wireline or wireless telecommunications service.
T. 
"Telecommunications service"
means the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means for hire, sale, or resale to the general public. For the purpose of this subsection, "information" means knowledge or intelligence represented by any form of writing, signs, signals, pictures, sounds, or any other symbols. For the purpose of this chapter, telecommunications service excludes the over-the-air transmission of broadcast television or broadcast radio signals.
U. 
"Traffic signal pole"
means a pole that supports equipment used for controlling traffic, including but not limited to traffic lights, rapid flashing beacons, speed radar, and school zone flashers.
V. 
"Utility pole"
means a structure designed and used primarily for the support of electrical wires, telephone wires, television cable, traffic signals, or lighting for streets, parking areas, or pedestrian paths.
W. 
"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.
X. 
"Wireline"
means services provided using a physically tangible means of transmission, including without limitation wire or cable, and the apparatus used for such transmission.
(Ord. 695 § 2, 2019)
Except as otherwise provided herein, all service providers engaged in the business of the transmitting, supplying, or furnishing of telecommunications service originating, terminating, or existing with the town shall register with the town pursuant to the Yarrow Point Municipal Code and pay all applicable fees as provided therein or as may be set by resolution.
(Ord. 695 § 2, 2019)