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1111 t 1:11.11 1111' <br />ult <br />boo <br />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: July 20, 2018 <br />SUBJECT: Ordinance — Mobilitie, LLC Small Cell Technology FranchiseA reg�ement <br />ISSUE <br />Approve Ordinance for Mobilitie, LLC Franchise Agreement. <br />Allan Ekberg, Mayor <br />BACKGROUND <br />Mobilitie, headquartered in Nevada, is a telecommunications company that provides, among other things, high capacity <br />interexchange transport to telecommunications common carriers. Mobilitie is currently in the stages of deploying small cell <br />technology to expand the capacity of its wireless network. Staff has negotiated with Mobilitie to develop the attached draft Franchise <br />Ordinance. <br />ANALYSIS <br />This Ordinance is consistent with the Verizon Franchise Ordinance approved by Council in February 2018 as well as the draft New <br />Cingular Wireless Franchise Ordinance, which is also currently under consideration. The attached draft Franchise Ordinance <br />establishes high-level, city-wide permission for New Cingular's deployment of small cell technology in the City's right-of-way. A <br />Franchise Agreement establishes global requirements, expectations, and responsibilities between parties — essentially establishing <br />the ground rules which both parties agree to follow. Regulatory requirements, a separate approval process from that of the <br />franchise agreement, establish the physical standards and restrictions for specific installations. These requirements are enforced <br />during the individual application review and are typically found in zoning and right-of-way code sections. Finally, pole use <br />agreements are necessary to install small cell equipment on poles not owned by the Franchisee. In Tukwila, pole agreement will <br />likely be with the City, Puget Sound Energy, or Seattle City Light. <br />Information on how other Washington jurisdictions are approaching the new small cell technology was presented during the recent <br />Association of Washington Cities conference in Yakima. An analysis of Mukilteo and Renton's recently enacted legislation, <br />Tukwila's related current codes, and staff recommendations on changes to the Franchise Ordinance, if any, will be discussed at the <br />meeting. <br />FINANCIAL IMPACT <br />Under the terms of the Franchise, Mobilitie will pay a $5,000 administrative fee within 30 days of franchise approval. <br />Per RCW 35.21.860, cities may charge site-specific fees to providers of personal wireless services under certain circumstances <br />before the City issues a use permit. This Franchise Ordinance tracks that statutory language and provides that Mobilitie and the City <br />will determine applicable site-specific fees 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 Mobilitie, LLC for small cell technology <br />and consider this item at the July 23, 2018 Committee of the Whole and subsequent August 6, 2018 Regular Meeting. <br />Attachments: Draft Franchise Ordinance <br />W:IPW E PROJEGTa4F a sMselTele n4M©BILIAVE' l O MEMO Mobilitie Franchise AG Small Cells 072018.docx <br />221 <br />