TIC 2018-07-23 Item 2C - Ordinance - Small Cell Technology Franchise Agreement with Mobilitie LLC

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9O& City of Tukwila Public Works Department - Henry Hash, Director INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Harry Hash, Public Works Director //1,4. BY; Cyndy Knighton, Senior Program Manager CC: Mayor Ekberg DATE: July 20, 2018 SUBJECT: Ordinance - Mobilitie, LLC Small CeII Technology Franchise Agreement ISSUE Approve Ordinance for Mobilitie, LLC Franchise Agreement. Allan Ekberg, Mayor BACKGROUND Mobilitie, headquartered in Nevada, is a telecommunications company that provides, among other things, high capacity interexchange transport to telecommunications common carriers. Mobilitie is currently in the stages of deploying small cell technology to expand the capacity of its wireless network. Staff has negotiated with Mobilitie 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 New Cingular Wireless Franchise Ordinance, which is also currently under consideration. The attached draft Franchise Ordinance establishes high-level, city-wide permission for New Cingular's deployment of small cell technology in the City's right-of-way. A Franchise Agreement establishes global requirements, expectations, and responsibilities between parties - essentially establishing the ground rules which both parties agree to follow. Regulatory requirements, a separate approval process from that of the franchise agreement, establish the physical standards and restrictions for specific installations. These requirements are enforced during the individual application review and are typically found in zoning and right-of-way code sections. Finally, pole use agreements are necessary to install small cell equipment on poles not owned by the Franchisee. In Tukwila, pole agreement will likely be with the City, Puget Sound Energy, or Seattle City Light. Information on how other Washington jurisdictions are approaching the new small cell technology was presented during the recent Association of Washington Cities conference in Yakima. An analysis of Mukilteo and Renton's recently enacted legislation, Tukwila's related current codes, and staff recommendations on changes to the Franchise Ordinance, if any, will be discussed at the meeting. FINANCIAL IMPACT Under the terms of the Franchise, Mobilitie will pay a $5,000 administrative fee within 30 days of franchise approval. Per RCW 35.21.860, cities may charge site-specific fees to providers of personal wireless services under certain circumstances before the City issues a use permit. This Franchise Ordinance tracks that statutory language and provides that Mobilitie and the City will determine applicable site-specific fees at the use permit stage for eligible facilities. RECOMMENDATION Council is being asked to approve the Ordinance that will grant a Franchise Agreement to Mobilitie, LLC for small cell technology and consider this item at the July 23, 2018 Committee of the Whole and subsequent August 6, 2018 Regular Meeting. Attachments: Draft Franchise Ordinance W:IPW Eng\PROJECTS1FranchiselTelecom\MOBILITIEIINFO MEMO Mobilise Franchise AG Small Cells 072018.docx 55