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Subjects › Telecommunications › Municipal Right-of-Way and Telecommunications - >Ch. 35.99 RCW
Updated 01/2012

Municipal Right-of-Way and  Telecommunications
Ch. 35.99 RCW

Contents

Introduction

This page concerns the authority of local governments to regulate the process for telecommunications companies to apply for access to the ROWs and the authority of local governments to set conditions for that access.  Chapter 35.99 RCW, enacted initially in 2000, establishes the basic parameters of local government authority. Note that Ch. 35.99 RCW also applies to all code cities, pursuant to RCW 35A.21.245.)

Reference Sources

Federal Communications Commission Guidelines Regarding Facilities Siting Moratoria, 08/1998. In the late 1990s the wireless telecommunications industry felt that moratoria were being adopted by some cities in various states as a way to delay having to accomodate the installation of wireless antenna facilities in their communities.  In response the FCC initiated a process for representative industry and local government groups to develop guidelines for local government moratoria.  The guidelines are referred to in RCW 35.99.050.  The guidelines are fairly short, and not too onerous.

Telecommunications Franchising and Beyond: Complying with ESSB 6676 (Chapter 83, Laws of 2000), Washington's New Municipal Right-of-Way Telecommunications Act (Adobe Acrobat Document), by Timothy X. Sullivan, City Attorney of University Place, 05/2001

Documents

  • Bellevue Right-of-way use agreement
  • Brier Municipal Code Title 4 (Adobe Acrobat Document)Telecommunications
  • Gig Harbor Ordinance No. 1053(Adobe Acrobat Document) - Repeals and reenacts Ch. 12.18, Right-of-Way Use - Master Use Permits and Utility Relocation, passed 07/24/2006
  • Kirkland Ordinance No. 4205 - Repeals and replaces Title 26, Right-of-Way--Communications, passed 09/01/2009
  • Lacey
  • Pierce County Ordinance No. 2002-60 (Adobe Acrobat Document) - Amends Ch. 12.34, Telecommunications Users of Pierce County Rights-of-Way, to comply with the Telecommunications Act of 1996, as interpreted by the Ninth Circuit U. S. Court of Appeals
  • Poulsbo
    • Ordinance No. 2003-25 (Adobe Acrobat Document) - Requires the installation of conduit for telecommunications facilities whenever a new street is constructed, and authorizes the city engineer to prepare standards, passed 08/2003
    • Trenching, Backfill and Pavement Restoration for Utility Installations in Public Rights-of-Way, (Adobe Acrobat Document 1.30m) Section VII of Poulsbo's Developer's Guide - Construction Standards and Specifications. The regulations are progressive in providing for installation of empty conduit when ROW work is being done and prohibiting street cuts to roads that are less than ten years old. Facilitate economic development while minimizing future road costs and ROW disruption -- your city might benefit from similar regulations.
  • Redmond Master Right-of-Way Use Agreement (Adobe Acrobat Document) with ATT&T Wireless Services, 01/16/1996
  • Sacramento, CA Ordinance No. 97-537- Excavation requirements and payment of trench cut cost recovery fees. Authorizes fees for all utilities, telecommunications providers, and others who dig in the rights-of-way, thus impacting the life expectancy of the city's roads. Encourages coordination so that all those doing trenching minimize the cost, impact, and inconvenience.
  • Sacramento, CA Resolution No.97-537 - Establishes trench cut cost recovery fees, passed 09/23/1997.
  • Shoreline Municipal Code Ch. 12.25 - Right-of-Way Franchises
  • Spokane Ordinance No. C-32747 - Adds Ch. 12.09, Telecommunications, Cable - Municipal Authorization to Use Right-of-Way, passed 11/20/00