A telecommunications right-of-way use authorization shall be required of any telecommunications carrier or provider who desires to occupy specific public ways of the city for the sole purpose of providing telecommunications services to persons or areas outside the city. The city shall also have the authority to require a telecommunications carrier or provider who applies for a telecommunications right-of-way use authorization to obtain a conditional use permit pursuant to MCMC § 17.02.050 and Chapter 17.28 MCMC.
Any person that desires a telecommunications right-of-way use authorization pursuant to this chapter shall file an application with the city which shall include the following information:
A.
The identity of the applicant, including all affiliates of the applicant.
B.
A description of the telecommunications services that are or will be offered or provided by the applicant over its telecommunications facilities.
C.
A description of the transmission medium that will be used by the applicant to offer or provide such telecommunications services.
D.
Preliminary engineering plans, specifications and a network map of the facilities to be located within the city, all in sufficient detail to identify:
1.
The location and route requested for applicant’s proposed telecommunications facilities;
2.
The location of all overhead and underground public utility, telecommunication, cable, water, sewer, drainage and other facilities in the public way along the proposed route;
3.
The location(s), if any, for interconnection with the telecommunications facilities of other telecommunications carriers; and
4.
The specific trees, structures, improvements, facilities and obstructions, if any, that applicant proposes to temporarily or permanently remove or relocate.
E.
If applicant is proposing to install overhead facilities, evidence that surplus space is available for locating its telecommunications facilities on existing utility poles along the proposed route, including evidence that such facilities will conform to Chapter 17.22 MCMC, and any conditional use permit issued by the city.
F.
If applicant is proposing an underground installation in existing ducts or conduits within the public ways, information in sufficient detail to identify:
1.
The excess capacity currently available in such ducts or conduits before installation of applicant’s telecommunications facilities;
2.
The excess capacity, if any, that will exist in such ducts or conduits after installation of applicant’s telecommunications facilities; and
3.
Evidence of ownership or a right to use such ducts or conduits.
G.
If applicant is proposing an underground installation within new ducts or conduits to be constructed within the public ways:
H.
A preliminary construction schedule and completion date.
I.
Financial statements prepared in accordance with generally accepted accounting principles demonstrating the applicant’s financial ability to construct, operate, maintain, relocate and remove the facilities.
J.
Information in sufficient detail to establish the applicant’s technical qualifications, experience and expertise regarding the telecommunications facilities and services described in the application.
K.
Information to establish that the applicant has obtained all other governmental approvals and permits to construct and operate the facilities, and to offer or provide the telecommunications services.
L.
All deposits or charges required pursuant to this chapter.
(Ord. 2025-943 § 2 (Exh. B))
Within a reasonable time after receiving a complete application under MCMC § 12.16.150, the public works director or her or his designee shall issue a written determination granting or denying the authorization in whole or in part. If the authorization is denied, the written determination shall include the reason(s) for denial. The decision to grant or deny an application for a telecommunications right-of-way use authorization shall be based upon the following standards:
A.
The financial and technical ability of the applicant;
B.
The legal ability of the applicant;
C.
The capacity of the public ways to accommodate the applicant’s proposed facilities;
D.
The capacity of the public ways to accommodate additional utility, cable, and telecommunications facilities if the authorization is granted;
E.
The damage or disruption, if any, of public or private facilities, improvements, service, travel or landscaping if the authorization is granted;
F.
The public interest in minimizing the cost and disruption of construction within the public ways;
G.
The service that applicant will provide to the community and region;
H.
The effect, if any, on public health, safety and welfare if the authorization is granted;
I.
The availability of alternate routes and/or locations for the proposed facilities;
J.
Applicable federal and state telecommunications laws, regulations and policies; and
K.
Such other factors as may demonstrate that the grant to use the public ways will serve the community interest.
Any person aggrieved by the granting or denying of a telecommunications right-of-way authorization or the renewal thereof pursuant to this article shall have the right to appeal to the city council as follows:
A.
All appeals filed pursuant to this section must be filed in writing with the public works director within 10 working days of the date of the decision appealed from and must include an appeal fee set by resolution of the city council as authorized in Chapter 3.42 MCMC;
B.
All appeals filed pursuant to this section shall specify the error of law or fact, or new evidence which could not have been reasonably available at the time of the public works director’s decision, which shall constitute the basis of the appeal;
C.
Upon receipt of a timely written notice of appeal, the public works director shall advise the city council of the pendency of the appeal and request that a date for considering the appeal be established;
D.
All relevant evidence shall be received during the hearing on the appeal;
E.
Unless substantial relevant information is presented which was not considered by the public works director, such decision shall be accorded substantial weight, but may be reversed or modified by the city council if, after considering all of the evidence in light of the applicable goals, policies, and provisions of this chapter, the city council determines that a mistake has been made. Where substantial new relevant information which was not considered in the making of the decision appealed from has been presented, the city council shall make its decision only upon the basis of the facts presented at the hearing of the appeal, or may elect to remand the matter for reconsideration by the public works director in light of the additional information;
F.
For all appeals decided pursuant to this section, the city shall provide for a record that shall consist of written findings and conclusions and a taped transcript;
G.
Unless otherwise provided by state statute or other law, all actions seeking review of a final action of the city, whether in the form of an appeal, declaratory judgment action, petition for writ of review, or other extraordinary writ, or in any other form shall be filed with a court having jurisdiction over such action within 15 days of the decision, or the expiration of the reconsideration period, whichever is later, and otherwise shall be barred; and
H.
No action to obtain judicial review shall be commenced unless all rights of appeal provided by this section are fully exhausted. The cost of transcription of all records ordered certified by the court for such review shall be borne by the party seeking such review, and shall be paid in advance to the city clerk. If a transcript is prepared by such party from the city’s tapes, each copy shall be submitted to the city for confirmation of its accuracy.
(Ord. 2025-943 § 2 (Exh. B))
No authorization 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 grantee has been granted the right to occupy and use public ways of the city.
No authorization 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 authorization granted under this article shall convey any right, title or interest in the public ways, but shall be deemed an authorization only to use and occupy the public ways for the limited purposes and term stated in the authorization. Further, no authorization shall be construed as any warranty of title.
Unless otherwise specified in an authorization, an authorization granted hereunder shall be in effect for a term of three years, which shall be revocable upon 30 days' notice by the city to the grantee.
A telecommunications right-of-way use authorization granted under this article shall be limited to a grant of specific public ways and defined portions thereof.
A grantee shall be permitted to offer or provide telecommunications services to persons or areas within the city upon approval of an application for a telecommunications franchise pursuant to Article III of this chapter.
Each authorization granted pursuant to 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 right to occupy and use the public ways of the city granted under such authorization; provided, nothing in this chapter shall prohibit the city and a grantee 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 new application shall be required of any telecommunications carrier or provider who desires to extend or locate its telecommunications facilities in public ways of the city which are not included in an authorization previously granted under this chapter. If ordered by the city to locate or relocate its telecommunications facilities in public ways not included in a previously granted authorization, the city shall grant an amendment to the authorization without further application.
A grantee that desires to renew its authorization under this article for an additional term shall, not more than 180 days nor less than 90 days before expiration of the current authorization, file an application with the city for renewal which shall include the following:
B.
Any information required pursuant to the authorization agreement between the city and the grantee;
C.
All deposits or charges required pursuant to this chapter; and
(Ord. 2025-943 § 2 (Exh. B))
Within a reasonable time after receiving a complete application for renewal, the public works director or her or his designee shall issue a written determination granting or denying the renewal application in whole or in part. If the renewal application is denied, the written determination shall included the reason(s) for denial. The decision to grant or deny an application for the renewal of a telecommunications right-of-way use authorization shall, in addition to the standards set forth in MCMC § 12.16.160, be based upon the following standards:
No authorization shall be renewed until any ongoing violations or defaults in the grantee's performance under the authorization, or of the requirements of this chapter, have been cured, or a plan detailing the corrective action to be taken by the grantee has been approved by the city.
Each telecommunications right-of-way use authorization granted under this article is subject to the city's right, which is expressly reserved, to require the telecommunications carrier or provider to make an equitable and nondiscriminatory contribution to the preservation and advancement of universal service.
Each authorization 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 grantees 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, amendment, renewal or transfer of the authorization or any authorization agreement. In addition, all grantees 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 grantee's telecommunications facilities. All grantees shall, within 30 days after written demand, reimburse this city for the grantee'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 construction or the presence in the right-of-way of the grantee's telecommunications facilities.