Ordinance 2456-00 - Laserfiche WebLink

ORDINANCE NO. 2456-00 AN ORDINANCE RELATING TO USE OF RIGHTS-OF-WAY BY SERVICE PROVIDERS AND IMPLEMENTING SSB 6676 WHEREAS, the State Legislature passed Substitute Senate Bill 6676 relating to certain issues affecting the use of municipal streets, alleys and rights-of-way by franchisees for cable television, open video systems, and telecommunications; and WHEREAS, the Governor signed the bill, which takes effect on June 8, 2000; and WHEREAS, the City should implement SSB 6676 by ordinance; NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: Section 1. Definitions The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Cable television service" means the one-way transmission to subscribers of video programming and other programming service and subscriber interaction, if any, that is required for the selection or use of the video programming or other programming service. (2) "Facilities" means all of the plant, equipment, fixtures, appurtenances, antennas, and other facilities necessary to furnish and deliver telecommunications services and cable television services, including but not limited to poles with crossarms, poles without crossarms, wires, lines, conduits, cables, communication and signal lines and equipment, braces, guys, anchors, vaults, and all attachments, appurtenances, and appliances necessary or incidental to the distribution and use of telecommunications services, open video system services and cable television services. (3) "Master permit" means the agreement in whatever form whereby the City may grant general permission to a service provider to enter, use, and occupy the right of way for the purpose of locating facilities. This definition is not intended to limit, alter, or change the extent of the existing authority of the City to require a franchise nor does it change the status of a service provider asserting an existing state-wide grant based on a predecessor telephone or telegraph company's existence at the time of the adoption of the Washington state Constitution to occupy the right of way. For the purposes of this subsection, a franchise, except for a cable television franchise, is a master permit. A master permit does not include cable television franchises. (4) "Open video system" shall have the same meaning as that contained in 47 U.S.C. §573(a) as amended or its successors. (5) "Personal wireless services" means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined by federal laws and regulations. 1