13.15.050 Review.
A. Within 30 days of submittal, the director shall notify the applicant if the application is incomplete. Upon receipt of a complete application, the director shall forward the application along with his or her recommendation to city council.
B. City council shall act upon a complete application within 120 days of the date the applicant submitted the complete application, except with the agreement of the applicant or where city council action cannot reasonably be obtained within the 120-day period.
C. A proposed ordinance for the grant, amendment to or renewal of a franchise shall be published once a week for four successive weeks in the city official newspaper before it shall be placed on first reading by city council.
D. In considering whether to grant or deny a franchise application, council shall consider the following factors:
1. The legal, technical and financial capacity of the applicant to construct, install, operate, maintain, remove, repair and replace the proposed franchise facilities in accordance with the requirements of this chapter;
2. The capacity of the right-of-way to accommodate the proposed franchise facilities;
3. The applicant’s performance record in the city or other cities in which it holds a franchise; and
4. Any other factors reasonably determined by council to be in the public interest, except as otherwise provided herein or by state or federal law.
E. In accordance with RCW 35.99.040 and 47 U.S.C. Section 332(c)(7), council’s decision on an application for a franchise for the provision of telecommunications services shall not:
1. Impose requirements that regulate the services or business operations of the service provider, except where otherwise authorized in state or federal law;
2. Conflict with federal or state laws, rules, or regulations that specifically apply to the design, construction, and operation of facilities or with federal or state worker safety or public safety laws, rules, or regulations;
3. Regulate the services provided based upon the content or kind of signals that are carried or are capable of being carried over the facilities, except where otherwise authorized in state or federal law;
4. Unreasonably deny the use of the right-of-way by a service provider for installing, maintaining, repairing, or removing facilities for telecommunications services or cable television services;
5. Prohibit the placement of all wireless or of all wireline facilities within city rights-of-way;
6. Prohibit or have the effect of prohibiting the ability of the applicant to provide telecommunications services within city limits; or
7. Regulate the placement, construction or modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with Federal Communication Commission regulations concerning such emissions.
F. Franchises granted hereunder shall be by ordinance and shall contain substantially similar terms as exist in other franchises, taking into consideration the relevant characteristics of each applicant. Persons who are granted franchises shall be required in such franchise agreements to comply with the provisions of this chapter, except as specifically negotiated otherwise for good cause demonstrated to the city’s reasonable satisfaction.
G. The reasons for any denial of a franchise shall be supported by substantial evidence contained in a written record.
H. Council’s decision shall be final and not subject to administrative appeal. An applicant adversely affected by the final action denying a franchise, or by an unreasonable failure to act on an application as set forth in this section, may commence a judicial action within 30 days to seek relief, which shall be limited to injunctive relief. [Ord. 2018-09-015 § 1].