Spokane Municipal Code

Title 12 Public Ways and Property

Chapter 12.09 Telecommunications, Cable – Municipal Authorization to Use Right-of-way

Section 12.09.010 Definitions

The definitions in this section apply throughout this chapter unless otherwise stated or the context clearly requires otherwise.

1. “Administering officer” means the designated municipal official responsible for administering this chapter. Until January 1, 2001, the administering officer is the assistant city manager, operations. Thereafter, the administering officer is the mayor or mayor’s designee.

2. “Cable television service” means the one-way transmission to subscribers of video programming and other programming service and subscriber interaction, if any, that is required for the selection or use of the video programming or other programming service.

3. “City” means the City of Spokane and its legal successors.

4. “Facilities” of a service provider means all of the plant, equipment, fixtures, appurtenances, antennas, and other facilities necessary to furnish and deliver telecommunications services and cable television services, including but not limited to poles with crossarms, poles without crossarms, wires, lines, conduits, cables, communication and signal lines and equipment, braces, guys, anchors, vaults, and all attachments, appurtenances, and appliances necessary or incidental to the distribution and use of telecommunications services and cable television services. For parties other than service providers, “facilities” means any physical plant installed or maintained in the right-of-way by such parties.

5. “Municipal infrastructure” means the road bed and road area, street and sidewalk paving, curbing, associated drainage facilities, bike paths, and other construction or improvements pertaining to public travel. It further includes municipal water and sewer lines or other municipal utility facilities, as well as municipal traffic signal, street lighting, and communications facilities in the right-of-way or other areas or easements open for municipal use. It further includes skywalks, street trees, plants, shrubs, lawn, and other ornamental or beautification installations owned by the City in the right-of-way or other ways open for public travel or municipal use, and accepted for municipal management or control as such. The definition is intended to encompass any municipal physical plant, equipment, fixtures, appurtenances, or other facilities located in or near the right-of-way or areas or easements opened and accepted for municipal use.

6. “Permit” refers to a grant of municipal permission or authority to an applicant use the right-of-way to locate facilities and perform related activities therein. This chapter identifies two levels of permits, a master permit and a use permit.

1. 1. A “master permit” confers general permission to enter, use, and occupy the right-of-way to locate facilities. The term does not apply to cable operators because they must obtain a cable franchise in lieu of a master permit. A franchise operates as master permit, but is negotiated under informal procedures. (See chapter 10.27 SMC, Cable Television.)

1. 2. A “use permit” conveys more limited permission to enter and use a specified area or location in the right-of-way for a specific purpose such as installing, maintaining, repairing, or removing identified facilities.

7. “Personal wireless services” means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined by federal laws and regulations.

8. “Right-of-way” means land acquired by or dedicated to the City for public roads and streets, but does not include:

1. 1. state highways;

1. 2. land dedicated for roads, streets, and highways not opened and not improved for motor vehicle use by the public;

1. 3. structures, including poles and conduits, located within the right-of-way;

1. 4. federally granted trust lands or forest board trust lands;

1. 5. lands owned or managed by the State parks and recreation commission; or

1. 6. federally granted railroad rights-of-way acquired under 43 U.S.C. 912 and related provisions of federal law that are not open for motor vehicle use.

1. “Service provider” means every corporation, company, association, joint stock association, firm, partnership, person, city, or town owning, operating, or managing any facilities used to provide an providing telecommunications service or cable television service for hire, sale, or resale to the general public. Service provider includes the legal successor to any such corporation, company, association, joint stock association, firm, partnership, person, city, or town.

10. “Telecommunications service” means the transmission of information by wire, radio, optical cable, electromagnetic, or other similar means for hire, sale, or resale to the general public. For the purpose of this subsection, “information” means knowledge or intelligence represented by any form of writing, signs, signals, pictures, sounds, or any other symbols. For the purpose of this chapter, telecommunications service excludes the over-the-air transmission of broadcast television or broadcast radio signals.

Date Passed: Monday, June 25, 2007

Effective Date: Saturday, August 4, 2007

Recodification ORD C34053 Section 1