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Arch Wireless Enforcement LetterCity of Yelm ~/ \t~ Community Development Department 105 Yelm Avenue West l P. 0. BUx -179 ~I J r.t.~ ~ (' - Z G: - ~r</ YEW~~M ToN Yelm, WA 98597 ~~ ~ ~~ 1~ o ~ b ~;,~,. ~ cv - G, ~ August 29, 2004 I ~,~1~{ , ~ ~, ~~ ~-,1 ~ Paul H. Kuzia, Executive Vice President -~ ~ '7b Technology and Regulatory Affairs `O c'~ << ~"' N~ ~ ~~' 1 Arch Wireless V ,t--~ ~ s l~ _ ~ , 1800 We~~Fark Drive, Suite 250 N ~j;, ~ ~(~ Westborough, MA 01581 5~ • ~ y y {~`"~ ~ d ,-~ ~roN Dear Mr. Kuzia: The City of Yelm has been updating it's records regarding franchises for the use of City rights-of-way. During this review, staff noted that Arch Wireless has failed to fulfil its requirement to register with the City of Yelm pursuant to Chapter 15.56 Yelm Municipal Code. Specifically, Arch Wireless maintains a facility on the City water tower which has not been registered with the Ciry. Although registration is required, it also appears that a franchise agreement will be required pursuant to Chapter 15.64 YMC for Arch Wireless' continued use of the City facility. I have attached Chapter 15.56 YMC for your use in preparing your registration. There is no form for this process, a letter with the information required by Section 15.56.010 is sufficent. If, based on the registration, the City determines a franchise agreement is needed, you will be contacted to begin the franschise process. If you have any questions regarding this matter, please don't hesitate to contact the Community Development Department. Sincerely, Grant Beck, Director Department of Community Development (360) 453-3835 (360) 458-3144 FAX ~~s~~~ J~ <~ F } ~~ ~ /O`/ u+u~m.ci.yelm.wa.us Y / x ~QOC' f 15.56.010 Chapter 15,56 TELECOM)<itINICA'I'IONS ORDINANCE REGISTRATION Sections: 15.56.010 Registration required. 15.56.0'_0 Purpose of registration. 15.56.030 Exception to registration. 15.56.010 Registration required. Except as provided in YMC 15.56.030, all tele- communications carriers having telecommunica- tions facilities and all cable operators within the incorporated areas of the city, in whole or in part, shall register with the city hereunder on forms pro- vided by the administrator which shall include the following: A. 7'he identity and legal status of the regis- trant: B. The name, address and telephone number of the officer, agent or employee responsible for the accuracy of the registration statement; C. A description of registrant's existing or pro- posed telecommunications facilities within the city; D. A description of the telecommunications service that the registrant intends to offer or pro- vide, or is currently offering or providing, to per- sons, firms, businesses or institutions within the city; E. Information sufficient for the city to deter- mine whether the registrant is subject to licensing or franchising under this division; F. Information sufficient for the city to deter- mine whether the transmission, origination or receipt of the telecommunications services pro- vided or to be provided by the registrant constitutes an occupation or privilege subject to any city tax, permit, license or franchise fee; G. A statement from the applicant documenting that they have complied with all WUTC registra- tion and related filings requirements: H. A statement from the applicant documenting that any permit, operating license or other right or approval required by the Federal Communications Commission to provide telecommunications ser- vices orfacilities has been received and is currently in effect; I. Such other information as the city may rea- sonably require. Should any of the registration information provided under this section change after submittal to the city, the registrant shall notify the city and provide revised information within 30 days of such change. (Ord. 668 ~ 1, 1999). 15.56.020 Purpose of registration. The purpose of registration is to: A. Provide the city tiith accurate and current information concerning the telecommunications carriers and cable operators who own or operate telecommunications facilities or cable facilities: B. Assist the city in enforcement of this divi- sion: and C. Assist the city in the collection and enforce- ment of any city taxes, franchise fees, license fees or charges that may be due to the city. (Ord. 668 1, 1999). 15.56.030 Exception to registration. A. A person which provides telecommunica- tions services solely to itself, its affiliates or mem- bers between points in the same building, or between closely located buildings under common ownership or control, provided, that such person does not use or occupy any rights-of-way of the city or other ways within the city, is excepted from the registration requirements pursuant to this divi- sion. B. Telecommunications carriers and cable operators who obtain a license, franchise, or cable franchise under this division. C. As provided in YMC 15.52.030, any tele- communications carrier or cable operator with a license, franchise, or cable franchise existing as of the date of adoption of the ordinance codified in this division. (Ord. 668 § 1, 1999). Post-it'' Fax Note 7671 oat%28-~y pages To ~ ~ ~A.o From Co./Dept Co _ ~ Phone a Sd g ' `d 3 6 ^Z-1 cQ p Phone «3 coo - ~f S~f - Y `/ 7 5- Fax k Fax N (~~ - CIS- 3 / ~5/ 15-50 Yelm Municipal ('ode Chapter 15.64 TELECO1111~1UNICA'1'IONS ORDINANCE FRAN('llltif:ti Sections: 15.64.010 Franchise. 15.64.020 Franchise application. 15.64.030 Determination by the city. 15.64.040 Agreement. 15.64.050 Nonexclusive franchise. 15.64.060 Use granted. 15.64.070 Term of franchise. 15.64.080 Franchise territory. 15.64.090 Construction permits. 15.64.100 Nondiscrimination. 15.64.110 Amendment of franchise. 15.64.120 Renewal applications. 15.64.130 Rene+val determinations. 15.64.140 Obligation to cure as a condition of renewal. 15.64.010 Franchise. To the extent permitted by law. a franchise shall be required of any telecommunications carrier who currently ocrupies or desires in the future to occupy rights-of-++~ay and to provide telecommuni- cations services to any person or area in the city. (Ord. 668 § 1. 1999). 15.61.020 Franchise application. Any person that desires a franchise hereunder shall file an application provided on a form by the administrator. (Ord. 668 § 1. 1999). 15.64.030 Determinalion by the city. Within 120 days after receiving a complete application hereunder, the council shall make a determination granting or denying the application in whole or in part. If the application is denied, the determination shall include the reasons for denial. The criteria enumerated in YMC 15.60.030 shall apply when determining whether to grant or deny the application. If an existing franchisee is required by the WUTC to provide service to anyone requesting it within the service area, the determination by the city to deny the application is not applicable. (Ord. 668 § 1, 1999). 15.64.040 Agreement. No franchise shall be granted hereunder unless the applicant and the board have executed a written agreement setting forth the particular terms and 15.64.09p provisions under which the franchise to occupy and use rights-of-way will be granted. All franchises granted pursuant to this division shall contain sub- stantially similar terms and conditions which, taken as a +vhole and considering relevant charac- teristics of the applicants, do not provide more or less favorable terms and conditions than those required of other franchisees. (Ord. 668 § 1. 1999). 15.64.050 Nonexclusive franchise. No franchise granted hereunder shall confer any exclusive right. privilege or franchise to occupy or use the rights-of-way for delivery of telecommuni- cations services or any other purposes. (Ord. GG8 § 1. 1999). 15.64.060 Use granted. A. No franchise granted hereunder shall convey any right, title or interest in the rights-of-way but shall he deemed a franchise only to use and occupy the rights-of-way for the limited purposes and term stated in the grant. B. No franchise granted hereunder shall autho- rize or excuse a franchisee from securing such fur- ther easements, leases, permits or other approvals as may be required to la++fully occupy and use rights-of-way. C. No franchise granted hereunder shall be con- strued as any warranty of title. (Ord. 668 § 1. 1999). 15.64.070 Term of franchise. Unless otherwise specified in a franchise agree- ment, a telecommunications franchise granted hereunder shall be valid for a term of not more than 10 years. (Ord. 668 § 1, 1999). 15.64.080 Franchise territory. A telecommunications franchise granted here- under may be limited to the specific geographic area of the city to be served by the franchisee, and the specific rights-of-way and portions thereof, as may be identified in the franchise agreement. (Ord. 668 § 1, 1999). 15.64.090 Construction permits. All franchisees are required to obtain permits and pay all fees for telecommunications facilities and cable facilities as required by the city; pro- vided, however, that nothing in this division shall prohibit the city and a franchisee from agreeing to alternative plan review, permit and construction procedures in a franchise agreement; and further provided, that such alternative procedures provide 15-53 5.64.100 substantially equivalent safeguards for responsible construction practices. (Ord. GG8 § I, 1999). 15.64.100 Nondiscrimination. A franchisee shall make its telecommunications services available to any customer within its fran- chise area who shall request such service, without discrimination, except as permitted by law, as to the terms, conditions, rates or charges for franchi- see's services; provided, however, that nothing in this division shall prohibit a franchisee from mak- ing any reasonable classifications among differ- ently situated customers. (Ord. GG8 § 1. 1999). 15.64.110 Amendment of franchise. A. The franchisee shall apply for an amend- ment to anexisting franchise when a telecommuni- cations carrier desires to extend its franchise territory or to locate its telecommunications facili- ties in rights-of-way ~rhich are not included in a franchise previously granted hereunder or when it desires to offer services beyond those authorized in the franchise. B. The city shall grant a franchise amendment without further application if the city orders tele- communications carrier to locate or relocate its telecommunications facilities in rights-of-way not included in a previously granted franchise. (Ord. GG8 § 1, 1999). 15.64.120 Renewal applications. A franchisee that desires to renew its franchise hereunder shall, not more than 180 days nor less than 120 days before expiration of the current fran- chise, file an application with the city for renewal of its franchise which shall include the following information: A. The applicable information required pursu- ant to the franchise application. B. Any other information required by the city. (Ord. GG8 § 1, 1999). 15.64.130 Renewal determinations. Within t20 days after receiving a complete application hereunder, the council shall make a determination on behalf of the city granting or denying the renewal application in whole or in part. If the renewal application is denied, the determina- tion shall include the reasons for nonrenewal. The criteria enumerated in YMC 15.60.030 shall apply when determining whether to grant or deny the application, and may further consider the appli- cant's compliance with the requirements of this division and the franchise agreement. (Ord. GG8 ti 1. 1999). 15.64.140 Obligation to cure as a condition of renewal. No franchise shall be rene~tied until any ongoing violations or defaults in the franchisee's obliga- tions under the franchise agreement. the require- ments of this division. and all applicable laws, statutes, codes, OrdlnanCes, rules and regulations have been cured, or a plan detailing the corrective action to be taken by the franchisee has been approved by the administrator. Failure to comply with the terms of an approved plan shall be grounds for nonrene~~al or immediate revocation of the franchise. (Ord. GG8 § 1, 1999). I5-54