(A) To obtain a franchise or license to construct, own, operate, maintain, or provide services through any system within the city, to expand a franchisee’s current permitted franchise area or expand a licensee’s current permitted license area, to obtain a renewal of a franchise or license granted pursuant to this chapter, or to obtain the city approval of a sale, transfer, lease, sublet, or other disposal of a system, franchise, or license granted pursuant to this chapter, an application must be filed with the city on the form attached to this chapter as Exhibit A, which is hereby incorporated by reference.
(B) In making a determination as to an application filed pursuant to this chapter, the city may, but shall not be limited to, consider the following:
(1) The provider’s financial ability to compensate the city for the provider’s intrusion, maintenance, and use of the public rights-of-way during the franchise or license term proposed by the provider;
(2) The provider’s financial ability to operate a telecommunications system or open video system in a manner which protects, and makes efficient use of, the public rights-of-way;
(3) The provider’s compliance with the terms and conditions of federal, state, and local laws in other jurisdictions where it operates;
(4) Whether the provider has secured all certificates and other authorizations required by federal, state, and local law in order to construct and operate a telecommunications system or open video system in the manner proposed by the provider;
(5) The technical ability of the provider to construct, maintain, and operate a system in compliance with federal, state, and local laws in a manner which protects and makes efficient use of the public rights-of-way and, if applicable, in a manner which results in the provision of safe, reliable services during the term proposed by the provider;
(6) The capacity of the rights-of-way to accommodate the provider’s proposed facilities;
(7) The capacity of the rights-of-way to accommodate additional utility and telecommunications facilities if the franchise or license is granted;
(8) The damage to, or disruption, if any, of public or private facilities, improvements, or landscaping if the franchise or license is granted;
(9) The public interest in minimizing the cost and disruption of construction within the rights-of-way;
(10) The nature and scope of the service that the provider will provide to the community and region;
(11) The effect, if any, on public health, safety, and welfare if the franchise or license is granted;
(12) The availability of alternate routes and/or locations for the proposed facilities;
(13) Applicable federal and state telecommunications laws, regulations, and policies;
(14) Such other factors as may demonstrate that the grant to use the rights-of-way will serve the community interest; and
(15) The willingness to enter into a pole attachment agreement with the city.
(C) The city, in its discretion, shall determine the award of any franchise or license on the basis of these, and other, relevant considerations without competitive bidding.
(D) The city may grant one or more franchises in a franchise area, or one or more licenses in a license area. The city may, in its sole discretion, limit the number of franchises or licenses granted, based upon, but not necessarily limited to, specific local considerations, such as:
(1) The capacity of the rights-of-way to accommodate multiple fibers in addition to the cables, conduits, and pipes of other users of the rights-of-way, such as electrical power, telephone, gas, and sewage utilities.
(2) The impact that an additional grant may have on rights-of-way, particularly the disruption arising from numerous excavations of the rights-of-way.
(Prior Code, § 13.09.050) (Ord. 10-98, passed 5-20-1998)