Spokane Municipal Code

Title 12 Public Ways and Property

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

Section 12.09.050 Permit Procedures

1. Master Permits for Use of the Right-of-way (non-cable service providers).

1. 1. This section states a formal process for the consideration of requests for master permits, but any applicant may agree to proceed under an informal process, provided either the City or the applicant can invoke formal procedures at any time. In such event, the time of invoking formal procedures shall be regarded as the filing date of the application for purposes of further time limits in this section.

1. 2. On receipt of an application and application fee from a service provider, the administering officer may notify the applicant of expected costs. For purposes of satisfying the requirements for publication in the official newspaper of the City of Spokane in section 100 of the City Charter, to the extent applicable, it is declared that the Official Gazette of the City is the official newspaper. The administering officer may also publish a summary of a franchise or master permit in like manner in a newspaper of general circulation, costs to be paid by the applicant.

1. 3. An applicant must deposit costs as notified with the administering officer within ten days of notification as a condition of further consideration of an application. Any unexpended moneys after the application process are refunded or additional costs billed by the administering officer, to be paid within thirty days of billing. If an applicant fails to file a completed application, furnish requested information, or pay required amounts on time, the administering officer cancels the application process and notifies the applicant. No refund is allowed for the application fee.

1. 4. Within ninety days of the filing of a complete application and payment of required fees by a service provider, the administering officer negotiates a master permit with the applicant or determines it should be denied. If the administering officer approves the application, the master permit is forwarded for passage by the city council. If the master permit is denied, the administering officer explains the reasons for denial, which shall be supported by a written record based on substantial evidence.

1. 5. The administering officer may require the service provider to attend and participate in any hearing or other fact-finding process to determine whether to grant the permit, provided that extensions of time for the hearing and final action by the City beyond one hundred twenty days of the date a service provider filed a complete application requires the service provider’s consent unless legislative approval of the city council cannot reasonably be obtained within such period.

1. 6. In the event time otherwise expires, the administering officer may grant a temporary master permit, upon conditions as may be specified by said official, pending further proceedings.

1. 7. A service provider adversely affected by the final action denying a master permit, or by an unreasonable failure to act on a master permit in accord with this section may commence an action within thirty days to seek relief in a court of competent jurisdiction, which shall be limited to injunctive relief. Venue of such a proceeding shall be in Spokane County. Upon timely appeal, the administering officer certifies the record and delivers the same to the court where filed. Said official may require a deposit of funds by the appealing party in an amount estimated necessary to prepare the record as a condition of certifying the record.

2. Use Permits for Specific Use of the Right-of-way.

1. 1. The City must act upon a request for a use permit from a service provider relating to a use of the right-of-way within thirty days of receipt of a completed application and any application fee by the official designated to issue such permits, unless a service provider consents to a different time period or the service provider has not obtained a master permit or franchise from the City. A use permit may not be denied to a service provider with an existing state-wide grant to occupy the right-of-way for wireline facilities on the basis of failure to obtain a master permit.

1. 2. For the purposes of this section, “act” means that the City makes the decision to grant, condition, or deny the use permit, or notifies the applicant in writing of the amount of time that will be required to make the decision and the reasons for this time period.

1. 3. A service provider adversely affected by the final action denying a use permit may commence an action within thirty days in a court of competent jurisdiction to seek relief, which shall be limited to injunctive relief. In any appeal of the final action denying a use permit, the standard for review and burden of proof shall be as set forth in RCW 36.70C.130. Municipal action is not final until the service provider has appealed any dispute to the City hearing examiner as provided in this chapter and a decision issued therefrom.

3. In addition to any other applicable reasons, a master or use permit for placement of facilities of personal wireless services may further be denied consistent with the provisions of RCW 35.21.860(1)(e).

Date Passed: Monday, June 25, 2007

Effective Date: Saturday, August 4, 2007

Recodification ORD C34053 Section 1