20.04.040 Determination by the city.
Within 120 calendar days from the time of notification that the application is complete or as otherwise permitted by RCW 35.99.030, under ACC 20.04.030(A), the city shall issue a written determination granting or denying the application in whole or in part. Prior to granting or denying a franchise under this title, the city council shall conduct a public hearing and make a decision based upon the criteria set forth below. Pursuant to Section 253(c) of the Federal Communications Act, public disclosure of any fees as compensation for use of the public way is required, and RCW 35A.47.040 provides that the city council shall not approve any franchise hereunder until the next regularly scheduled council meeting following the public hearing. If the application is denied, in whole or in part, the written determination shall include the reason(s) for denial. The decision to grant or deny, in whole or in part, an application for a utility or telecommunications franchise shall be based upon the following:
A. Whether the applicant has received all requisite licenses, certificates, and authorizations from the Federal Communications Commission, the Washington Utilities and Transportation Commission, and any other federal or state agency with jurisdiction over the services to be provided by the applicant;
B. The capacity of the public ways to accommodate the applicant’s proposed facilities;
C. The capacity of the public ways to accommodate additional utility and telecommunications facilities if the franchise is granted;
D. The damage or disruption, if any, of public or private facilities, improvements, service, travel or landscaping if the franchise is granted;
E. The public interest in minimizing the cost and disruption of construction within the public ways;
F. The service that applicant will provide to the community and region;
G. The effect, if any, on public health, safety and welfare if the franchise requested is granted;
H. The availability of alternate routes and/or locations for the proposed facilities;
I. Applicable laws, regulations and policies;
J. The ability to avoid, or mitigate to the city’s satisfaction, future conflicts with the operation, repair, replacement, and maintenance of city-owned and other utilities;
K. The ability of the applicant to stabilize existing pavement structures prior to disturbance in a manner sufficient to ensure future deterioration is not accelerated by virtue of the installed facilities, and/or the ability and willingness of the applicant to fully mitigate such damages to the extent that they may prove unavoidable to the satisfaction of the city. Such security for the pavement’s integrity may include additional periods of warranty bonding for up to five years from date of completion of work as determined by the city engineer;
L. Demonstrated ability and commitment to meet city bonding and financial security requirements established in ACC 20.02.280 and Chapter 12.24 ACC; and
M. Such other factors as may demonstrate that the franchise to use the public ways will serve the community interest. (Ord. 6798 § 3 (Exh. C), 2020; Ord. 5271 § 1, 1999; Ord. 5034 § 1, 1998. Formerly 20.06.040.)