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Title 12
Chapter 12.09
Section 12.09.030
 

Title 12 Public Ways and Property

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

Section 12.09.030 Permission Required – Master Permit, Use Permit
  1. A service provider or any other party must obtain a master permit or City franchise to enter, use, and occupy the right-of-way or like areas, including utilities easements, to locate facilities therein. If this requirement is determined to be preempted by state law, as in RCW 35.99.030(1), or for any other reason, the requirement applies as a request, but only to the extent of such preemption.
     
  2. Master permits or franchises are granted by ordinance, on recommendation of the administering officer. In addition, in the exercise of discretion, the administering officer may grant a temporary master permit, up to ninety days, renewable once for up to an additional ninety days. Parties placing facilities in or on host facilities of others in locations subject to this chapter are bound by conditions applicable to the host facilities, and may also be required to obtain a separate franchise.
     
  3. In addition to a master permit or franchise, a service provider must obtain permission to enter and use a specified right-of-way or other areas or like use to install, maintain, repair, or remove identified facilities by means of a use permit. Unless ordered by the administering officer or otherwise provided by ordinance, a use permit is granted in the form of a street obstruction permit issued under chapter 12.02 SMC, Article IV. For special circumstances, incidental or temporary purposes not otherwise addressed, the administering officer may grant revocable permission on such conditions as deemed proper, considering SMC 12.09.020, but the provisions in SMC 12.09.080 also apply, except insurance requirements may be adjusted on recommendation of the City risk manager.
     
  4. Utilities or agencies of the City of Spokane are exempt from master permit, franchise, or use permit requirements, but the administering officer may specify conditions of use or occupancy, including the condition of user City departments to coordinate work in the right-of-way by giving appropriate notice to the municipal office issuing use permits. The administering officer resolves any conflicts among municipal users.

Date Passed: Monday, June 25, 2007

Effective Date: Saturday, August 4, 2007

Recodification ORD C34053 Section 1