TIC 2018-06-25 Item 2B - Ordinance - AT&T / New Cingular Wireless Small Cell Technology Franchise Agreement

Browse Search

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