HomeMy WebLinkAboutD_CenturyLink_N.351569_MFP18002335_180730 (2)
July 30, 2018
Amy Silbaugh
Qwest Corp d/b/a CenturyLink
23315 66th Avenue S
Kent, WA 98032
Via Email: amy.silbaugh@centurylink.com
SUBJECT: 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 north of 1033 Kirkland Avenue NE, then cross to the east side of
Kirkland Avenue NE, and continue north to NE 11th Place.
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.
CenturyLink N.351569
Page 2 of 2
July 30, 2018
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:
1. Any existing height violations would need to be resolved at the time of construction. New
aerial fiber must have a minimum vertical clearance of 15’-6”.
2. Any abandoned or unused cable would need to be removed at the time that construction is
taking place.
3. The traffic control plan requires separate approval.
4. The aerial fiber will be required to be installed underground in the future when other utilities
are undergrounded.
This decision to grant 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, August 13, 2018.
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