Spokane Municipal Code

Title 10 Regulation of Activities

Chapter 10.27A Cable Communications Code

Article III. Franchise Conditions

Section 10.27A.620 Location of Structures, Lines and Equipment

1. A franchisee shall utilize existing poles, conduit systems and other facilities whenever possible, and shall not construct or install any new, different or additional poles, conduit systems or other facilities whether on public property or on privately owned property until approval of the property owner or appropriate governmental authority is obtained.

1. 1. For matters affecting park board authority, park board authority approval is required in accordance with the City Charter.

1. 1. 1. Likewise, library board, airport board, and public facility district or other similar bodies as may arise from time to time must approve such work for areas within their respective jurisdictions.

However, the location of any pole or wire-holding structure by a franchisee shall not constitute a vested interest, and such poles, structures or facilities shall be removed, replaced or modified by the franchisee at its own expense whenever the city council or other governmental authority reasonably determines that the public interest so necessitates, subject further to SMC 12.09.120 and applicable state law (See RCW 35.99.060).

2. All transmission and distribution structures, lines and equipment installed by a franchisee within the City shall be located so as to cause minimum interference with the proper use of public rights-of-way or other public places and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin any of such public rights-of-way or other public places and where they will not interfere with any gas, electric, telephone, water, sewer, solid waste or other pre-existing utility facility.

3. In those areas of the city where telephone and electric utility lines have been placed underground, a franchisee shall place its lines and installations underground.

1. 1. A franchisee may petition the City for a waiver of this requirement, such waiver to be granted for good cause shown.

1. 2. Trunk and feeder amplifiers, trunk and feeder splitters and other passives, and subscriber taps may be placed in low-profile pedestals.

1. 1. 1. Approval and use of low-profile pedestals shall be made by the City prior to use by the franchisee.

1. 3. In new housing developments a franchisee shall install distribution cables at the same time utility facilities are being installed.

1. 1. 1. A franchisee may petition the City for a waiver of this requirement, such waiver to be granted for good cause shown.

1. 4. Franchisee shall make reasonable efforts to contact all directly impacted local property owners or residents for any new or modified franchisee facilities to coordinate installation and placement and accommodate any reasonable property owner need.

1. 5. In case of dispute, the city engineer will determine reasonableness and accommodation considering the needs of the public, the franchisee and the property owner/resident and the overall interests of the public health and safety.

4. All cables and wires or other work shall be installed parallel with existing telephone and electric utility wires wherever possible. However, this provision does not relieve a franchisee of its obligation to place its lines and installations underground as required by subsection (C) of this section.

5. Multiple configurations shall be parallel arrangement and bundled in accordance with engineering and safety considerations.

6. All poles and other fixtures in any public right-of-way or other public place shall be placed in accordance with the laws and regulations of the City subject to provisions of subsection (C) of this section, under the administrative oversight of the city engineer.

7. A franchisee shall, at its sole cost and expense, protect, support, temporarily disconnect, relocate in the same public right-of-way or other public place, or remove from said public right-of-way or other public place, any of its property when required to do so by the City because of:

1. 1. street or other public excavation;

1. 2. construction;

1. 3. repair;

1. 4. regrading or grading;

1. 5. traffic conditions;

1. 6. installation of sewers, drains or water pipes, needs of the solid waste utility;

1. 7. City-owned power or signal lines;

1. 8. tracks;

1. 9. vacation or relocation of streets; or

1. 10. any other type of structure or improvement of a public agency; or

1. 11. any other type of improvement necessary for the public health, safety or welfare.

8. Subject to SMC 12.09.130 as it may apply, the City shall have the right, during the term of a franchise, to use the poles and conduit systems of the franchisee for noncommercial use. The City’s use of a franchisee’s poles and conduit systems shall not unreasonably interfere with the use or enjoyment of such poles and conduits by the franchisee.

1. A franchisee shall comply fully with chapter 19.122 RCW, including providing, at no charge, to any available “one number locator service”, as defined by RCW 19.122.020(13), a list of all its underground facilities and equipment.

1. 1. A franchisee shall, before commencing excavation, provide notice of the scheduled commencement of excavation through the one-number locator service if such a service is available.

1. 2. The city engineer may require a franchisee to physically locate its facilities by potholing where deemed necessary at no cost to the City; e.g., at the preliminary design phase.

1. 3. In cases of potholing related to a third party project in the public right-of-way, this section does not limit a franchisee’s recovery of reasonable time and material costs from said third party.

1. 4. Franchisee agrees to maintain membership in the state of Washington one number locator service as provided under chapter 19.122 RCW, as well as the IEUCC (Inland Empire Underground Utility Coordinating Committee) or approved equivalent designated to coordinate underground fixture locations and installations.

1. 5. The city engineer determines, in the exercise of reasonable discretion, when it may be necessary to hand dig an area and any other reasonable and necessary precautions to assure the safety of all underground street users, but the City accepts no special duty in this regard.

1. 6. Where franchisee’s operations may disrupt adjacent property owner access or interfere with their quiet use and enjoyment of their premises, franchisee must give reasonable advance notice to them of its construction plans. [See SMC 12.01.150]

10. On request to a franchisee by any person who is authorized to perform work on any public right-of-way which has been used by a franchisee for erection of a cable system, a franchisee shall provide information regarding the type, location, height and other pertinent information of poles, conduits and other structures which the franchisee has placed on said right-of-way

1. 1. The reasonable cost of fulfilling such request shall be borne by the person making such request.

11. A franchisee shall locate the system headend and studio within the City of Spokane.

12. The franchisee shall, upon reasonable prior written request of any person, excluding the City, relocate its wires or cables underground; provided:

1. 1. the time and materials costs of fulfilling such facility relocation shall be borne by the person, permittee, developer or other authorized franchisee making such request; and

1. 2. franchisee is granted a permit for such work by the City.

This does not include City requests which are dealt with under Title 12 SMC and applicable state law.

Date Passed: Monday, June 4, 2007

Effective Date: Wednesday, July 11, 2007

ORD C34041 Section 1 (Recodification)