HomeMy WebLinkAboutSpecial 2005-08-22 Item 5 - Ordinance - Clearwire Communications for Wireless Facilities in Right-of-Way Franchise COUNCIL AGENDA Sosis
O ff f 010- Imte ITE als
MNO.
�1 I r 1 Meetznn Date Prepared by, 1 Mayors revze2v Council review
.ei f I 8/22/05 1 Fl 'K 1 1 L 1
1908 j
`x
O..
1 1 1 1
ITEM INFORMATION
CAS NUMBER: 05-119 I ORIGINAL AGENDA DATE. AUGUST 22, 2005 1
AGENDA ITEM TITLE Ordinance for Clearwire Communications Franchise Agreement I
CAI'LGORY Discussion Motion Resolution Ordinance Bzd Award Public Hearing Other
Mtg Date Mtg Date Mtg Date ilitg Date 8/22/05 Mtg Date Mtg Date Mtg Date:
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PIP
SPONSOR'S Clearwire Communications is building an extensive network that will provide fast,
SUAMIARY affordable wireless broadband Internet service to residential and commercial customers
throughout the Puget Sound area. Clearwire is proposing to install wireless facilities
within the City's right -of -way that consist of panel antennas and microwave panels on
utility poles. Installation of wireless facilities in the City right -of -way requires a franchise
agreement.
REVIEWED BY COW Mt CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 8/16/05
RECOMMENDATIONS:
SPONSOR /ADMIN. Approve Ordinance of Franchise Agreement with Clearwire.
COMMITTEE Forward to COW and Special Meeting with approval.
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
0.00 $0.00
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
8/22/05 I I
MTG. DATE 1 ATTACHMENTS
8/22/05 I Information Memo dated August 9, 2005
Ordinance
Utilities Committee Meeting Minutes from August 16, 2005
I I
I I
INFORlVIA TION MEMO
To:
From:
Date:
Subject:
Mayor Mullet
Public W orks Director~
August 9, 2005
Franchise - Clearwire Communications
ISSUE
Should the City grant Clearwire Communications a franchise to install, maintain, and operate
wireless facilities within the City's right-of-way?
BACKGROUND
Clearwire is a new wireless internet carrier that is based out of Kirkland, Washington. The
telecommunications company is building a very extensive, high quality network that will
provide fast, affordable wireless broadband internet service to residential and commercial
customers throughout the Puget Sound area.
DISCUSSION
To support its wireless system, Clearwire is proposing to install wireless facilities within the
City's right-of-way. Wireless facilities will consist of panel antennas and microwave panels
secured on new or existing structures such as utility poles. The height above ground of the
utility pole and antenna/microwave system is approximately 54 feet. The antenna system will
have associated coax cable running down the pole to an equipment cabinet that would be
installed in the right-of-way adjacent to the utility pole.
Installation of wireless facilities in the City rights-of-way requires a franchise. In consultation
with the City Attorney's Office, staff has completed a fInal draft Franchise Agreement
(attached) for Council consideration. The document incorporates provisions of the recently
adopted City of Tukwila Right-of-Way Use Code.
RECOMMENDATION
Forward to Utilities Committee, Committee of the Whole, and Regular Council for franchise
approval/disapproval determination.
attachment: Draft Franchise Agreement
(P:alict\UtiIides Committee- C1ea.t\trirt Fr.m:hise)
[IDwffi~u
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, GRANTING A NON-EXCLUSIVE
FRANCHISE TO CLEARWIRE CORPORATION, LEGALLY
AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF
WASHINGTON, FOR THE PURPOSE OF INSTALLING,
OPERATING, AND MAINTAINING A WIRELESS
TELECOMMUNICATIONS SYSTEM IN CERTAIN PUBLIC
RIGHTS-OF-WAY IN THE CITY; PROVIDING FOR
SEVERABILITY; AND ESTABLISIDNG AN EFFECTIVE DATE.
WHEREAS, Clearwire LLC, a Nevada limited liability company, hereinafter referred to
as "Clearwire," is a wireless teleconununications company that among other things, provides
advanced wireless voice and data services to customers, including those in the Puget Sound
Region, and
WHEREAS, Clearwire's desired route through the City of Tukwila, hereinafter referred
to as "City," requires the use of certain portions of City rights-of-way for the installation,
operation, and maintenance of a wireless system that includes antennas mounted on utility
poles; and
WHEREAS, the City Council has determined that the use of portions of the City's rights-
of-way for installation of wireless system is appropriate from the standpoint of the benefits to
be derived by local business and the region as a result of such services, and
WHEREAS, the City Council also recognizes that the use of public rights-of-way must be
restricted to allow for the construction of amenities necessary to serve the future needs of the
citizens of Tukwila and that the coordination, planning, and management of the City's rights-
of-way is necessary to ensure that the burden of costs for the operations of non-municipal
interests are not borne by the citizenry; and
WHEREAS, the Revised Code of Washington (RCW) authorizes the City to grant, and
regulate nonexclusive franchises for the use of public streets, right-of-ways, and other public
property for transmission of communications;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Non-exclusive Franchise Granted.
A. The City hereby grants to Clearwire, subject to the conditions prescribed in this
ordinance ("Franchise Agreement"), the franchise rights and authority to construct, replace,
repair, monitor, maintain, use and operate the equipment and facilities necessary for a wireless
telecommunications facility within the City-owned rights-of-way generally described in
Exhibit A, and hereinafter referred to as the "franchise area"
B. Such Franchise shall not be deemed to be exclusive to Clearwire and shall in no way
prohibit or limit the City's ability to grant other franchises, permits, or rights along, over, or
under the areas to which this Franchise has been granted to Clearwire, provided, that such
other franchises do not unreasonably interfere with Clearwire's exercise of franchise rights
Cleanuire franchise 8-05 FI:bjs
1
granted herein as determined by the City This Franchise shall in no way interfere with
existing utilities or in any way limit, prohibit, or prevent, the City from using the franchise
area or affect the City's jurisdiction over such area in any way
Section 2. Authority The Director of Public Works or his or her designee is hereby
granted the authority to administer and enforce the terms and provisions of this Franchise
Agreement and may develop such rules, policies, and procedures as he or she deems necessary
to carry out the provisions contained herein. J
Section 3. Franchise Term. The franchise rights granted herein shall remain in full force
and effect for a period of three years from the effective date of this ordinance. This Franchise
shall not take effect and Clearwire shall have no rights under this Franchise unless a written
acceptance with the City is received pursuant to Section 4 of this agreement. If Clearwire
requests a Franchise renewal prior to the expiration date, the City may, at the City's sole
discretion, extend the term of this Franchise for up to one year beyond the expiration date to
allow processing of renewal. If the City elects to extend the term of this Franchise, written
notice of the extension shall be provided to Clearwire prior to the Franchise expiration date.
Section 4. Acceptance of Terms and Conditions. The full acceptance of this Franchise
and all the terms and conditions shall be filed with the City Clerk within 30 days of the
effective date of this ordinance in the form attached hereto as Exhibit B Failure on the part of
Clearwire to file said consent within 30 days of the effective date of this ordinance shall void
and nullify any and all rights granted under this Franchise Agreement.
Section 5. Construction Provisions and Standards. The following provisions shall be
considered mandatory and failure to abide by any conditions described herein shall be
deemed as non-compliance with the terms of this Franchise Agreement and may result in
some or all of the penalties specified in Section 6.
1 Permit Required. No construction, maintenance, or repairs (except for
emergency repairs) shall be undertaken in the franchise area without first obtaining
appropriate permits from the City of Tukwila, Department of Public Works. In case of an
emergency, Clearwire shall within 24 hours of the emergency, obtain a permit from the City of
Tukwila Department of Public Works.
2. Coordination. All capital construction projects performed by Clearwire within
the franchise area shall be inspected by a City inspector All work and inspection shall be
coordinated with the Engineering Division of the Public Works Department to ensure
consistency with City infrastructure, future Capital Improvement Projects, all developer
improvements, and pertinent codes and ordinances.
3 Construction Standards. Any construction, installation, maintenance, and
restoration activities performed by or for Clearwire within the franchise area shall be
constructed and located so as to produce the least amount of interference with the free passage
of pedestrian and vehicular traffic. All construction, installation, maintenance, and restoration
activities shall be conducted such that they conform to City's development guidelines and
standards and comply with Title 11 of the Tukwila Municipal Code.
4. Underground Installation Required. All telecommunications cables and
junction boxes or other vaulted system components shall be installed underground unless
otherwise exempted from this requirement, in vvriting, by the Director of Public Works.
5 Relocation.
a. Within 90 days following written notice from the City, Clearwire shall, at its
own expense, temporarily or permanently remove, relocate, place underground, change or
alter the position of any facilities or structures within the right-of-way whenever the City has
determined that such removal, relocation, under grounding, change or alteration is reasonably
necessary for the construction, repair, maintenance, installation, public safety, or operation of
any City or other public improvement in or upon the rights-of-way
Cleanuire franchise 8-05 FI:bjs
2
b Clearwire may, after receipt of written notice requesting a relocation of its
facilities, submit to the City written alternatives to such relocation. Such alternatives shall
include the use and operation of temporary transmitting facilities in adjacent rights of \vay
The City shall evaluate such alternatives and advise Clearwire in writing if one or more of the
alternatives are suitable to accommodate the work, which would otherwise necessitate
relocation of the facilities. If requested by the City, Clearwire shall submit additional
Information to assist the City in making such evaluation. The City shall give each alternative
proposed by Clearwire full and fair consideration. In the event the City ultimately determines
that there is no other reasonable alternative, Clearwire shall relocate its facilities as otherwise
provided in this section.
6. Removal or Abandonment. Upon the removal from service of any wireless
service antennas or other associated structures, facilities and amenities, Clearwire shall comply
with all applicable standards and requirements prescribed by the City of Tukwila Public
Works Department for the removal or abandonment of said structures and facilities. No
facility constructed or owned by Clearwire may be abandoned without the express written
consent of the City
7 Bond. Before undertaking any of the work, installation, improvements,
construction, repair, relocation, or maintenance authorized by this Franchise Agreement,
Clearwire shall upon the request of the City, furnish a bond executed by Clearwire and a
corporate surety authorized to operate a surety business in the State of Washington, in such
sum as may be set and approved by the City as sufficient to ensure performance of Clearwire's
obligations under this Franchise Agreement. At Clearwire's sole option, Clearwire may
provide alternate security in the form of an assignment of funds or a letter of credit, in the
same amount as the bond. All forms of security shall be in the form reasonably acceptable to
the City The bond shall be conditioned so that Clearwire shall observe all the covenants,
terms, and conditions and shall faithfully perform all of the obligations of this Franchise
Agreement, and to repair or replace any defective work or materials discovered in the City's
roads, streets, or property
8. "One-Call" Location & Liability. Clearwire shall subscribe to and maintain
membership in the regional "One-Call" utility location service and shall promptly locate all of
its lines upon request. The City shall not be liable for any damages to Clearwire's system
components or for interruptions in service to Clearwire customers which are a direct result of
work performed for any City project for which Clearwire has failed to properly locate its lines
and facilities within the prescribed time limits and guidelines established by One-Call. The
City shall also not be liable for any damages to the Clearwire system components or for
interruptions in service to Clearwire customers resulting from work performed under a permit
issued by the City
9 As-Built Plans Required. Clearwire shall maintain accurate engineering plans
and details of all installations within the City limits and shall provide such information in both
paper form and electronic form using the most current Autocad version prior to close-out of
any permits issued by the City and any work undertaken by Clearwire pursuant to this
Franchise Agreement. The City shall determine the acceptability of any as-built submittals
provided under this section.
10 Recovery of Costs. Clearwire shall be subject to all permit fees associated with
activities undertaken through the authority granted in this Franchise Agreement or under
ordinances of the City Where the City incurs costs and expenses for review or inspection of
activities undertaken through the authority granted in this Franchise Agreement or any
ordinances relating to the subject for which permit fees have not been established, Clearwire
shall pay such reasonable costs and expenses directly to the City
11 Vacation. If, at any time, the City shall vacate any City road, right-of-way or
other City property which is subject to rights granted by this Franchise Agreement and said
vacation shall be for the purpose of acquiring the fee or other property interest in said road,
right-of-way or other City property for the use of the City, in either its proprietary or
governmental capacity, then the City may, at its option and by giving 30 days written notice to
Clearwire , terminate this Franchise Agreement with reference to such City road, right-of-way
Cleanvire franchise 8-05 FI:bjs
3
or other City property so vacated, and the City shall not be liable for any damages or loss to
Clem'wire by reason of such termination other than those provided for in RCW 35 99
Section 6. Franchise Compliance.
A. Franchise Violations. The failure by Clearwire to fully comply with any of the
provisions of this Franchise Agreement may result in a written notice from the City which
describes the violations of the franchise and requests remedial action within 30 days of receipt
of such notice. If Clearwire has not attained full compliance at the end of the 30 day period
following receipt of the violation notification, the City may declare an immediate termination
of all franchise rights and privileges, provided that full compliance was reasonably possible
within that 30 day period.
B Emergency Actions.
1 If any of Clearwire's actions, or any failure by Clearwire to act to correct a
situation caused by Clearwire, i~ deemed by the City to create a threat to life or property, the
City may order Clearwire to immediately correct said threat or, at the City's discretion, the
City may undertake measures to correct said threat itself; provided that, when possible, the
City shall notify Clearwire and give Clearwire an opportunity to correct said threat before
undertaking such corrective measures. Clearwire shall be liable for all costs, expenses, and
damages attributed to the correction of such an emergency situation as undertaken by the City
to the extent that such situation was caused by Clearwire and shall further be liable for all
costs, expenses, and damages resulting to the City from such situation and any reimbursement
of such costs to the City shall be made within 30 days of written notice of the completion of
such action or determination of damages by the City The failure by Clearwire to take
appropriate action to correct a situation caused by Clearwire and identified by the City as a
threat to public or private safety or property shall be considered a violation of franchise terms.
2. If during construction or maintenance of Clearwire's facilities any damage occurs
to an underground facility and the damage results in the release of natural gas or other
hazardous substance or potentially endangers life, health, or property, Clearwire or its
contractor shall immediately call 911 or other local emergency response number
C. Other Remedies. Nothing contained in this Franchise Agreement shall limit the
City's available remedies in the event of Clearwire's failure to comply with the provisions of
this Franchise Agreement, to include but not limited to, the City's right to a lawsuit for specific
performance and/ or damages.
D. Removal of System. In the event that this Franchise Agreement is terminated as a
result of violations of the terms of this Franchise Agreement, Clearwire shall at its sole
expense, promptly remove all system components and facilities, provided that the City, at its
sole option, may allow Clearwire to abandon its facilities in place.
Section 7. Insurance.
A. Clearwire shall maintain liability insurance written on a per occurrence basis during
the full term of this franchise for personal injuries and property damages. The policy shall
contain coverage in the amounts and conditions stipulated in Title 11 of the Tuhvila
Municipal Code.
B Such insurance shall specifically name as additional insured, the City, its officers, and
employees, shall apply as primary insurance, shall stipulate that no insurance affected by the
City will be called on to contribute to a loss covered thereunder, and shall further provide that
the policy shall not be modified or canceled during the life of the permit or Franchise
Agreement without giving 30 days written notice to the City Notice shall be by certified mail,
return receipt requested to the City
C. If the City determines that circumstances warrant an increase in insurance coverage
and liability limits to adequately cover the risks of the City, the City may require additional
insurance to be acquired. The City shall provide written notice should the City exercise its
right to require additional insurance.
Clem'wire franchise 8-05 FI:bjs
4
Section 8. Other Permits & Approvals. Nothing in this Agreement shall relieve
Clearwire from any obligation to obtain approvals or necessary permits from applicable
federal, state, and City authorities for all activities in the franchise area.
Section 9. Transfer of Ownership
A. The rights, privileges, benefits, title, or interest provided by this franchise shall not be
sold, transferred, assigned, or otherwise encumbered, without the prior written consent of the
City, with such consent not being unreasonably vvithheld or delayed. No such consent shall be
required, however, for a transfer in trust, by other hypothecation, or by assignment or any
rights, title, or interest in Clearwire's wireless system in order to secure indebtedness.
Approval shall not be required for mortgaging purposes provided that the collateral pledged
for any mortgage shall not include the assets of this franchise, or if such transfer is from
Clearwire to another person or entity controlling, controlled by, or under common control
with Clearwire.
B In any transfer of this franchise which requires the approval of the City, Clearwire
shall show that the recipient of such transfer has the technical ability, financial capability, and
any other legal or general qualifications as reasonably determined by the City to be necessary
to ensure that the obligations and terms required under this Franchise Agreement can be met
to the full satisfaction of the City. The qualifications of any transferee shall be determined by
hearing before the City Council and the approval to such transfer shall be granted by
resolution of the City Council. Any administrative costs associated with a transfer of this
franchise which requires the approval of the City, shall be reimbursed to the City within 30
days of such transfer
Section 10. Administrative Fees.
A. Pursuant to the Revised Code of Washington (RCW), the City is precluded from
imposing franchise fees for "telephone businesses" defined in RCW 82.04.065, except that fees
may be collected for administrative expenses related to such franchise. Clearwire does hereby
warrant that its operations as authorized under this franchise are those of a telephone business
as defined in RCW 82.04.065.
B Clearwire shall be subject to a $5,000 administrative fee for reimbursement of costs
associated with the preparation, processing, and approval of this Franchise Agreement. These
costs shall include but not be limited to wages, benefits, overhead expenses, equipment, and
supplies associated with such tasks as plan review, site visits, meetings, negotiations, and
other functions critical to proper management and oversight of City's right-of-way
Administrative fees exclude normal permit fees as stipulated in Title 11 of the Tukwila
Municipal Code. Payment of the one-time administrative fee is due 30 days after franchise
approval.
C. In the event Clearwire submits a request for work beyond scope of original franchise,
or submits a complex project that requires significant comprehensive plan review, or
inspection, Clearwire shall reimburse City for franchise amendment and expenses associated
with the project. Clearwire shall pay such costs V\rithin 30 days of receipt of bill from the City
D Failure by Clearwire to make full payment of bills within the time specified shall be
considered sufficient grounds for the termination of all rights and privileges existing under
this ordinance utilizing the procedures specified in Section 6 of this ordinance.
Section 11. Notices. Any notice to be served upon the City or Clearwire shall be
delivered to the following addresses respectively-
City of Tukwila
Office of the City Clerk
6200 Southcenter Boulevard
Tukwila, W A 98188
Clemwire franchise 8-05 FI:bjs
5
CLEARWIRE LLC, a Nevada limited liability company
Attn. Property Manager
5808 Lake Washington Blvd NE, Suite 300
Kirkland, WA 98033
With copy to'
CLS Group
Attn. Brian Wade
8259122nd Avenue NE, Suite 250
Kirkland, W A 98033
Section 12. Claims for Damages.
A. Clearwire shall use reasonable and appropriate precautions to avoid damage to
persons or property in the construction, installation, repair, operation, and maintenance of its
structures and facilities. Clearwire shall indemnify and hold the City harmless from all claims,
actions or damages, including reasonable attorney's and expert witness fees, which may accrue
to or be suffered by any person or persons, corporation or property to the extent caused in part
or in whole by any negligent act or omission of Clearwire, its officers, agents, servants or
employees, carried on in the furtherance of the rights, benefits, and privileges granted to
Clearwire by this Franchise. In the event any claim or demand is presented to or filed with the
City which gives rise to Clearwire's obligation pursuant to this section, the City shall within a
reasonable time notify Clearwire thereof and Clearwire shall have a right, at its election, to
settle or compromise such claim or demand. In the event any claim or action is commenced in
which the City is named a party, and which suit or action is based on a claim or demand which
gives rise to Clearwire's obligation pursuant to this section, the City shall promptly notify
Clearwire thereof, and Clearvvire shall, at its sole cost and expense, defend such suit or action
by attorneys of its own election. In defense of such suit or action, Clearwire may, at its election
and at its sole cost and expense, settle or compromise such suit or action. This section shall not
be construed to require Clearwire to:
1 protect and save the City harmless from any claims, actions, or damages,
2. settle or compromise any claim, demand, suit, or action,
3 appear in or defend any suit or action, or,
4. pay any judgment or reimburse the City's costs and expenses (including
reasonable attorney's fees), to the extent such claim arises out of the negligence or intentional
acts of the City, its employees, agents or independent contractors.
B To the extent of any concurrent negligence between Clearwire and the City,
Clearwire's obligations under this paragraph shall only extend to its share of negligence or
fault. The City shall have the right at all times to participate through its own attorney in any
suit or action which arises out of any right, privilege, and authority granted by or exercised
pursuant to this Franchise when the City determines that such participation is required to
protect the interests of the City or the public. Such participation by the City shall be at the
City's sole cost and expense.
Section 13. Severability If any section, sentence, clause or phrase of this ordinance is
held to be invalid or unconstitutional by a court of competent jurisdiction, the City may, at its
sole option, deem the entire ordinance to be affected and thereby nullified. However, in the
event that a determination is made that a section, sentence, clause, or phrase in this ordinance
is invalid or unconstitutional, the City may elect to treat the portion declared invalid or
unconstitutional as severable and enforce the remaining provisions of this ordinance, provided
that, if the City elects to enforce the remaining provisions of the ordinance, Clearwire shall
have the option to terminate the Franchise Agreement.
Section 14. Indemnification. Except to the extent that any claims, liability, loss, cost,
judgments, or damages are due to the negligence or intentional acts of the City, its employees,
agent or independent contractors, Clearwire agrees and covenants to indemnify, defend and
Cleanoire franchise 8-05 FI:bjs
6
hold harmless the City, its officers, employees, agents, and representatives from and against
.any and all claims, liability, loss, cost, judgments, damages, whether to persons or property, or
expense of any type or nature, including reasonable attorney's fees and expert witness fees, to
the extent it arises from any negligent act or omission or willful misconduct of Clearwire, its
successors and assigns arising from or connected to Clearwire work under this Franchise,
provided however, that in case any suit or action is instituted against the City by reason of any
such damage or injury, City shall.
1. cause written notice thereof to be given unto Clearwire; and
2. provide all reasonably requested assistance in defense or settlement of such
claim at Clearwire's expense; and
3 retain the right to control the defense or settlement of such claims.
Section 15. Reservation of Rights. The parties agree that this agreement is intended to
satisfy the requirements of all applicable laws, administrative guidelines, rules, orders, and
ordinances. Accordingly, any provision of this agreement or any local ordinance which may
conflict with or violate the law shall be invalid and unenforceable, whether occurring before or
after the execution of this agreement, it being the intention of the parties to preserve their
respective rights and remedies under the law, and that the execution of this agreement does
not constitute a waiver of any rights or obligations by either party under the law
Section 16. Police Powers. Nothing contained herein shall be deemed to affect the City's
authority to exercise its police powers. Clearwire shall not by this Franchise Agreement obtain
any vested rights to use any portion of the City right-of-way except for the locations approved
by the City and then only subject to the terms and conditions of this Franchise Agreement.
This Franchise Agreement and the permits issued thereunder shall be governed by applicable
City ordinances in effect at the time of application for such permits.
Section 17. Future Rules, Regulations, and Specifications. Clearwire acknowledges
that the City may develop rules, regulations, and specifications, including a general ordinance
or other regulations governing telecommunications operations in the City Such regulations,
upon written notice to Clearwire, shall thereafter govern Clearwire's activities hereunder;
provided, however, that in no event shall regulations:
1. materially interfere with or adversely affect Clearwire's rights pursuant to and in
accordance with this Franchise Agreement; or
2. be applied in a discriminatory manner as it pertains to Clearwire and other
similar user of such facilities.
Section 18. Effective Date. This ordinance or a summary thereof shall be published in
the official newspaper of the City, and shall take effect and be in full force and effect five (5)
days after passage and publication as provided by law
PASSED BY THE ClTY COUNClL OF THE CITY OF TUKWlLA, WASHINGTON, at a
Special Meeting thereof this day of .2005.
AITEST/ AUTHENTICATED'
Steven M. Mullet, Mayor
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FORM BY
Filed with the City Clerk:
Passed by the City Council.
Published.
Effective Date:
Ordinance Number
Office of the City Attorney
Clearntire franchise 8-05 FI:bjs
7
EXHIBIT A
FRANCHISE AGREEMENT
CLEARWIRE COMMUNICATIONS
Project Description: Clearwire plans to install wIreless broadband internet facIlIties wIthin
the CIty right-of-way (ROW). Installations will generally consist of antennas and/ or
microwaves placed on top of new or existing structures (i.e. utility poles) m the ROW.
Average height above ground of the antennas IS approximately 54 feet. The antennas will
have associated coax running down the pole to a base transceiver station (BTS). The BTS wIll
be placed either in the ROW or on adJacent property to the ROW. Each installation will
require power and telephone and/or microwave connectivity. IndIvidual installahons will
vary depending on location and specific engmeering cnteria.
Clearwire wIreless facilities are designed to be the least visually obtrusIve desIgn while
meeting the coverage objectives and complIance with all applicable codes. The sites will be
unmanned and will not require water, waste treatment or management of hazardous waste
Minimal traffic would be generated during the construction phase while the crew is tI"aveling
to and from the site. Existing access and parking will be utilized, no vehIcular access to the
equipment area IS necessary after complehon of construction. After construchon is
completed, there would be approximately one visit per month by a field engmeer for routine
maintenance.
Facilities Location and Standards: Clearwire wireless facilities will initially be located m the
vicmity of the south end of 57th Avenue and south of South 150th in Tukwila, W A, on Puget
Sound Energy utility pole number 317394-164678. The need for new sites IS dIctated by
market demand, capacity, coverage reqUIrements for a particular geographic area, and the
radio frequency hand-off from one site to another m order to achieve seamless
communications coverage. The selection and design of a specific PCS site is further refined
by considering local topographIc and geographic factors, tree canopy, buildings, mountains,
water bodies, the ability to mitigate the antenna support structure's visual impact,
compatibility of the facility with existing land uses, and space availability. Because PCS
signals must travel in an unobstructed path from the facility to the user, the presence of any
one or all of these factors can negatively influence the quality of transmissIOn and receptIon.
The height and location of each Clearwire site is based upon the ability of the site to
effectively functIon despite those obstacles. In addition, Federal Aviation Administration
requIrements regulate the height of an antenna support structure near or on major airport
facilities.
In the event Clearwire decides to construct new wireless facilities, Clearwlre shall subffilt
plans and obtain permits as required by Title 11 of the Tukwila Murucipal Code. City
reserves the right to approve sihng, construchon standards, and specificahons of the new
wireless facilities.
Telecomnlunzcations Franchzse
Exhibzt A
Page 1
EXHIBIT B
FRANCHISE AGREEMENT ACCEPTANCE FORM
CLEARWIRE COMMUNICATIONS
Date:
City of Tukwila
Attn: City Clerk's Office
6200 Southcenter Blvd.
Tukwila, W A 98188
Re: Ordinance
Adopted
Dear Ms. Cantu:
In accordance with and as required by Section _ of City of Tukwila
Ordinance passed by the City Council and approved by the Mayor on
(the "Ordinance"), Clearwire CommurncatIons hereby
accepts the terms, conditions and obligatIons to be complIed with or performed
by it under the ordinance.
Sincerely,
Signature
Pnnted name/tItle
Utilities Committee
August 16, 200S
Present:
Dave Fenton, Chair; Joan Hernandez, Jim Haggerton
JIm Morrow, Frank marte, Pat Brodm, Gail Labanara, Lucy Lauterbach,
Bnan Wade, 'rValter Waid- Clearwire
>k
1. Cleanvire Communications Franchise Agreement Dave introduced the tOpIC by
welcoming Brian and Walter, and saying hIgh speed internet service provIders like them were
very welcome in Tukwila. Clearwire is bUIlding a network of broadband wIreless connectlOns
from Everett to Tacoma. They are currently workmg wIth 70 jurisdIctions to achieve coverage III
the reglOn. They have asked to put wIreless facilities III the CIty'S nghts of way. The company IS
mterested III property near the reservoir at the top of sih A venue in Tukwila. Antenna on utility
poles will be approximately 54 feet high. Xoax cable would then run from the antenna to a
cab met on the ground. The Clearwater representatIves likened the coverage of theIr system to a
cell phone company. They said it would be especIally useful for sales and for delivery
companies. A person would need a modem to use the system at the start, though in three years
they anticipate moving to issuing a card to subscribing users who then wouldn't need a modem.
Joan asked if the facilities would affect residents. J1lll M said the antenna emIt microwaves that
have been found by the FCC to be safe. Jim H asked if It would Illterfere wIth our vIdeo system,
and was told it would not. The franchise will run for three years. Recommend franchise
agreement to COW and Special .Meeting August 23rd.
2. Federal Telecommunications Bill A bill that was defeated last year has again been
introduced in the U.S. Senate this year. If enacted, it would have dIre consequences on control
of our own rights of way, franchise agreements, and could reqUIre the CIty to let private industry
control our signal Illterconnects, for example. Jim H noted there is already plenty of competItlOn
in our right of way, and we don't need federal interference m that. Givmg total control of our
right of way to a private company would be bad for the City. The Senate is working on a total re-
write of the Federal TelecommunicatIOns Act, and if passed thIS bIll would be part of the Act.
A'rVC has sent out an alert on the issue. Information~ lobby aj!ainst the bill.
3. Second Quarter Reports The Commitfee members questioned Jim M on the status ofthe
Allentown sewers. He replied they will hear sometime this month about whether they got the
Public Works Trust Fund loan needed to do the work. Cascade VIew work is proceedmg on
schedule The first phase is 50% complete, and the neighborhood is cooperatmg. Reports
approved.
/"2
.---~
/:;/~-
[ 4 Committee chair approval
Minutes by L. Lauterbach