HomeMy WebLinkAboutD_CenturyLink_N.351569_MFP18002335_190122_v2
January 22, 2019
Amy Silbaugh
Qwest Corp d/b/a CenturyLink
23315 66th Avenue S
Kent, WA 98032
Via Email: amy.silbaugh@centurylink.com
SUBJECT: Revision Request for Undergrounding Exemption
(N.351569, MFP18002335, 2833 NE Sunset Blvd)
Dear Ms. Silbaugh:
The City of Renton has reviewed your request to grant CenturyLink an exemption from Renton Municipal Code (RMC) 4-6-090(C) which states that all new electrical or communication facilities
shall be required to be installed underground, pursuant to the standards of the section of RMC.
CenturyLink proposes to have North Sky Communications install a new 48-count aerial fiber connection on existing Puget Sound Energy (PSE) power poles along Kirkland Avenue NE beginning
approximately 100 feet south of NE 10th Street on the west side of Kirkland Avenue NE. The new fiber connection will extend north approximately 650 lineal feet to north property line
of 1033 Kirkland Avenue NE, then cross to the east side of Kirkland Avenue NE to the south property line of 1058 Kirkland Avenue NE, and continue north to south property line of 3005
NE Sunset Blvd.
ANALYSIS: The City has considered the request for an exemption from RMC 4-6-090(D)(1)(h) i and ii. City of Renton Municipal Code 5-19-2.B.1 and 2 states that “Except as otherwise provided
herein, any telecommunications carriers who desire to construct, install, operate, maintain, or otherwise locate telecommunications facilities in, under, over or across any public way
of the City, and to also provide telecommunications service to persons or areas in the City, shall first obtain a franchise granting the use of such public ways from the City pursuant
to Section 5-19-3 of this Chapter.”
CenturyLink does not have a franchise agreement with the City, as its predecessor-in-interest held a blanket grant of authority, dating back to territorial times, and therefore has unique
status as compared to other telecommunications purveyors. Per Eric J. Schwalb, Senior Corporate Counsel for CenturyLink, RCW Section 35.99.030 states that a city or town may not require
a “master permit” from service providers seeking access to public rights-of-way who have an existing statewide grant, as Century Link has. Furthermore, the Washington State Constitution,
Article XII, Section 19, grants the right to construct and maintain lines of telegraph and telephone within this state. While we concur that VOIP is allowed per the RCW and Washington
State Constitution, cable service is not a right granted without a franchise.
Therefore, this analysis will focus on the overhead fiber proposed to be installed for Data/VOIP, and not the provision of future cable.
In evaluating this proposal, staff considered RMC 4-6-090.D. which allows for exemptions due to technological difficulties; when costs outweigh the general welfare consideration implicit
in underground installation; or, if the growth pattern of the area has not been sufficiently established to determine the ultimate service routes. In this instance, the portion of
the route proposed for aerial installation is an area with existing overhead facilities that are likely to remain for a period of time.
DECISION: The requested exemption from underground utility installation requirements (RMC4-6-090 (C) as requested by the applicant is approved with conditions subject to the conditions
below as the request complies with exemption criteria of RMC 4-6-090(D)(1)(h) i and ii.
Conditions of Approval:
Any existing height violations within the Project Reach must be resolved at the time of construction. New aerial lines within the Project Reach must have a minimum vertical clearance
of 15’-6”.
Any abandoned or unused lines within the Project Reach must be removed at the time that construction is taking place.
A traffic control plan must be separately submitted to the City, and no construction may take place until the City has approved a traffic control plan.
The new aerial fiber lines within the Project Reach must be converted to underground facilities in the future, at Century Link’s cost, when any one of the following events occurs: (1)
any other utilities are undergrounded within the Project Reach, (2) a joint use trench is proposed by a franchisee within the Project Reach, in which case Century Link shall participate
in the joint use trench installation for the purpose of undergrounding its aerial lines, or (3) a conduit is made available within the Project Reach that will accommodate the aerial
lines. The new aerial lines must be undergrounded within one year, or approved otherwise by the City, from the first event triggering the requirement to underground the aerial lines.
This decision to approve the exemption with conditions is subject to a fourteen (14) day appeal period from the date of this letter per RMC 4-8-110. Any appeals of the administrative
decision must be filed with the City Clerk, along with the required appeal fee, by 5:00 pm, February 5, 2019.
Sincerely,
Brianne Bannwarth, PE
Development Engineering Manager
cc: C.E. “Chip” Vincent, CED Administrator
Gregg Zimmerman, PW Administrator
Jennifer Henning, Planning Director
Justin Johnson, Civil Engineer II
Scott Warlick, Engineering Specialist II
Holly Powers, Permit Technician
Pat Miller, Construction Inspection Supervisor
Emily Starkel, CenturyLink Engineering Emily.starkel@centurylink.com
Franchise Permits