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 town. The franchise is a "master permit" within the meaning of RCW 35.99.010(3).
(Ord. 695 § 2, 2019)
Any person that desires a franchise hereunder shall file an application with the following information:
A. 
The identity of the applicant;
B. 
A description of the transmission medium that will be used by the applicant to offer or provide such telecommunications services;
C. 
To the extent locations for installations are known, preliminary engineering plans, specifications and a map showing where the telecommunications facilities are to be located within the town, all in sufficient detail to identify:
1. 
The location and route requested for the applicant's proposed telecommunications facilities;
2. 
The location of applicant's overhead and underground public utility, telecommunication, cable, water, sewer drainage and other lines and equipment in the rights-of-way along the proposed route;
3. 
The specific trees, structures, improvements, facilities, lines and equipment and obstructions, if any, that the applicant proposes to temporarily or permanently remove or relocate;
D. 
If the applicant is proposing an underground installation within new ducts or conduits to be constructed within the rights-of-way and to the extent specific locations are known:
1. 
The location proposed for the new ducts or conduits;
2. 
Evidence that there is sufficient capacity within the rights-of-way for the proposed telecommunications facilities;
E. 
A preliminary construction schedule and completion date;
F. 
Evidence that the applicant is registered to participate in the one-number locator service, as described in Chapter 19.122 RCW, if applicable;
G. 
If the applicant is proposing small wireless facilities, an accurate map showing the existing locations, if any, of any existing small wireless facilities in the rights-of-way, owned or operated by the applicant;
H. 
An application fee which shall be set by the town council to recover town costs in accordance with applicable federal and state law; and
I. 
Such other information as the town representative, in his/her discretion, shall deem appropriate.
(Ord. 695 § 2, 2019)
Within the time periods established by state and/or federal law, as applicable, after receiving a complete application hereunder, the town council shall grant or deny a franchise application. If the town council denies a franchise, such denial must be based on one of the following:
A. 
The financial and technical ability of the applicant;
B. 
The legal ability of the applicant to provide the telecommunications service;
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 within 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 town's sole opinion if the application is granted;
I. 
Applicable federal, state and local laws, regulations, rules and policies;
J. 
Such other factors as may demonstrate that the grant to use the rights-of-way will serve the community interest.
(Ord. 695 § 2, 2019)
No franchise shall be granted hereunder unless the applicant and the town 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. All franchises granted pursuant to this chapter shall contain substantially similar terms and conditions.
(Ord. 695 § 2, 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. 695 § 2, 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 grantee from securing such further easements, leases, permits or other approvals as may be required to lawfully occupy and use the rights-of-way. Grantee shall obtain the written approval of the facility or structure owner, including the town, if the grantee 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. 695 § 2, 2019)
Unless otherwise specified in a franchise, a franchise granted hereunder shall be valid for a term of not more than five years.
(Ord. 695 § 2, 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 grantee 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.
C. 
Whenever any existing telephone facilities, electric utilities, cable facilities, or telecommunications facilities are located underground within rights-of-way, a grantee 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 grantee shall concurrently relocate its facilities underground if technologically feasible.
E. 
If requested, a grantee shall provide the town with additional duct or conduit and related structures necessary to access the conduit; provided, that:
1. 
The town enters into a contract with the grantee consistent with RCW 80.36.150. The contract rates to be charged should recover the incremental costs of the grantee. If the town 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 grantee. The grantee shall state both contract rates in the contract. The town shall inform the grantee 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 town.
2. 
Except as otherwise agreed by the grantee and the town, the town shall agree that the requested additional duct or conduit space and related access structures will not be used by the town to provide telecommunications or cable television service for hire, sale, or resale to the general public.
3. 
The town shall not require that the additional duct or conduit space be connected to the access structures and vaults of the grantee.
4. 
The value of the additional duct or conduit requested by the town shall not be considered a public works construction contract.
(Ord. 695 § 2, 2019)
Except as provided in Article V, Small Wireless Deployment, all grantees are required to obtain utility right-of-way permits and pay all fees for telecommunications facilities as required by town of Yarrow Point ordinances and/or resolutions.
(Ord. 695 § 2, 2019)
A grantee 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 grantee's services; provided, however, that nothing in this chapter shall prohibit a grantee from making any reasonable classifications among differently situated customers. This provision shall not apply to neutral host infrastructure services who solely provide infrastructure to personal wireless services carriers.
(Ord. 695 § 2, 2019)
A. 
A new franchise application and grant shall be required of any grantee 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 grantee that desires to add to or modify the telecommunications services provided pursuant to a franchise previously granted.
(Ord. 695 § 2, 2019)
A grantee that desires to renew its franchise hereunder shall, not less than 180 days before expiration of the current franchise, file an application with the town 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 town.
(Ord. 695 § 2, 2019)
The town council shall grant or deny a renewal application within the time periods established by state or federal law, as applicable. If the town council determines to deny a franchise application, it shall make such determination consistent with YPMC § 13.04.140. As part of any franchise renewal determination the town council shall consider grantee's compliance with the requirements of this chapter and the franchise agreement.
(Ord. 695 § 2, 2019)
No franchise shall be renewed until any ongoing violations or defaults in the grantee'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 grantee has been approved by the town.
(Ord. 695 § 2, 2019)