Spokane Municipal Code

Title 12 Public Ways and Property

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

Section 12.09.040 Master Permit Application – Contents

1. To obtain a master permit, a written application is filed with the administering officer, in such form as required by said official. General information requested may include, but is not limited to:

   1. applicant’s true name, address, telephone, fax, and e-mail, together an identification of the true ownership of the applicant, including the names and addresses of all persons with ten percent or more ownership interest. For a corporation or other business organization, the state of incorporation or organization and a certificate of incorporation or other proof of legal status should be included;

   2. a statement of whether the applicant, or any entity controlling the applicant, has voluntarily filed for relief under any provision of the bankruptcy laws of the United States, title 11 of the United States Code, had an involuntary petition against it pursuant to the bankruptcy code, or been the subject of any state law insolvency proceeding such as a transfer for the benefit of creditors;

   3. a statement of whether the applicant or any entity controlling the applicant has had a master permit, franchise, or similar right-of-way use or occupancy permission ever suspended or revoked in any other jurisdiction;

   4. a statement of whether the applicant or any entity controlling the applicant has been found guilty, by any federal, state, or municipal court or administrative agency in the United States of:

      1. a violation of a security, antitrust, or tax laws; or

      2. a felony or any other crime involving fraud, theft, or moral turpitude.

      If so, the application shall identify any such person and fully explain the circumstances;

   5. a demonstration of the applicant’s technical, legal, and financial ability to construct and operate the proposed telecommunications services facility;

   6. a description of the physical facility proposed, including capacity, the area to be served, a description of technical characteristics, and a map of the proposed system service area and distribution scheme;

   7. a description of how any construction will be implemented, identification of areas having aboveground or below ground facilities, the proposed construction schedule, and a description (where appropriate) of how service will be converted from any existing facility to a new facility. The construction plan shall be coordinated with the City water, sewer, street, and other improvement plans and municipal infrastructure needs as may be further ordered by the administering officer;

   8. a description of the services to be provided over the system;

   9. the proposed rates to be charged, including rates for each service offered to the public, as appropriate, and charges for installation, equipment, and other services, and whether such rates are subject to regulatory or informational tariff or other rate regulation requirements from any other jurisdictional agency;

   10. verification that the proposal is designed to be consistent with all federal and state requirements;

   11. in the case of an application by an existing telecommunications service provider for a renewal, a verification that said service provider has complied with all terms of the existing master permit or franchise and with applicable law;

   12. other information that the administering officer may request of the applicant;

   13. the signature, under penalty of perjury, by the applicant or duly authorized agent thereof, certifying, in a form acceptable to the City, the truth and accuracy of the information contained in the application and acknowledging the enforceability of this chapter; and

   14. payment of a two hundred fifty dollar application fee.
        
2. With narrow exceptions, Washington State’s open public records law precludes the City from honoring requests for confidentiality.

Date Passed: Monday, June 25, 2007

Effective Date: Saturday, August 4, 2007

Recodification ORD C34053 Section 1