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City of Tukwila <br />Public Works Department - Henry Hash, Director <br />INFORMATIONAL MEMORANDUM <br />TO: Transportation and Infrastructure Committee <br />FROM: Harry Hash, Public Works Director,,. <br />BY; Cyndy Knighton, Senior Program Manager <br />CC: Mayor Ekberg <br />DATE: June 22, 2018 <br />SUBJECT: Ordinance - AT&T/New Cingular Wireless Small CeII Technology Franchise Agreement <br />Allan Ekberg, Mayor <br />ISSUE <br />Approval of AT&T/New Cingular Wireless Franchise Ordinance, <br />BACKGROUND <br />New Cingular Wireless, PCS, LLC, headquartered in Delaware, is a telecommunications company that provides, among other things, <br />personal wireless service. New Cingular Wireless is currently in the stages of deploying small cell technology to expand the capacity of <br />its wireless network. Staff has negotiated with New Cingular to develop the attached draft Franchise Ordinance. <br />ANALYSIS <br />This Ordinance is consistent with the Verizon Franchise Ordinance approved by Council in February 2018 as well as the draft Mobilitie <br />Franchise Ordinance being concurrently considered. The attached Franchise Ordinance establishes permission for New Cingular's <br />deployment of small cellular technology in the City's right-of-way. Some of the features of the New Cingular Franchise include: <br />• Definitions for clarity of references <br />• Provisions that the City provides no warranty in the right-of-way and will not defend New Cingular for peaceable <br />possession or use of the franchise area <br />• Provides provisions allowing the City to require notice to the public for work that will disturb or disrupt public property. <br />Clarifies that the City can protect the public health, safety, and welfare by requiring facilities to be installed at a particular <br />time, place, or manner <br />• Establishes a duty to restore the right-of-way to a condition as good or better than before the construction and provides <br />a warranty of same. Protects private property by requiring New Cingular to restore any private property damaged, <br />disturbed, or altered by New Cingular <br />• Provides that any contractors or subcontractors of New Cingular that perform work in the right-of-way must comply with <br />the City's indemnity and insurance requirements and mandates that New Cingular take responsibility for all work <br />performed by New Cingular's contractors and subcontractors <br />• Specifies the City's stop work authority should work be performed in an unsafe manner <br />• Provides for revocation of the franchise should New Cingular's business end up in receivership <br />• Clarifies that the franchise does not preclude the City from constructing its own utility facilities, repairing, maintaining, or <br />widening the right-of-way. <br />FINANCIAL IMPACT <br />Under the terms of the Franchise, New Cingular will pay a $5,000 administrative fee within 30 days of franchise approval. <br />Per RCW 35.21.860, cities may charge site-specific charges to providers of personal wireless services under certain circumstances <br />before the City issues a use permit. This Franchise tracks that statutory language and provides that New Cingular and the City will <br />determine applicable site-specific charges at the use permit stage for eligible facilities. <br />RECOMMENDATION <br />Council is being asked to approve the Ordinance that will grant a Franchise Agreement to New Cingular Wireless, PCS, LLC for Small <br />Cell Technology and consider this item at the July 9, 2018 Committee of the Whole and subsequent July 16, 2018 Regular Meeting. <br />Attachment: Draft Franchise Ordinance <br />W:1PW Eng1PROJECTS1Franchise\Telecom\AT&T_CingularlINFO MEMO AT&T-Cingular Franchise AG Small Cells 062218.docx <br />17 <br />