HomeMy WebLinkAboutD_CenturyLink_N.354323_MFP18005004_181130 (2)
November 30, 2018
Jesse Patjens
Qwest Corp d/b/a CenturyLink
7235 S 228th Street
Kent, WA 98032
Via Email: Jesse.Patjens@CenturyLink.com
SUBJECT: Request for Undergrounding Exemption (N.354323, MFP18005004, 2725 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 overlash approximately 955 lineal feet of new
48-count aerial fiber to existing Puget Sound Energy (PSE) power poles beginning on the west side of
Kirkland Avenue NE, proceeding north to the northwest corner of NE 10th Street and Kirkland Avenue NE,
then west on NE 10th Street to the south side of NE 10th Street, extending to the northwest corner of the
NE 10th Street frontage of 2725 NE Sunset Blvd, then south approximately 180 feet.
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.354323
Page 2 of 2
November 30, 2018
In addition, 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 in an area where cost to
underground one utility service will be cost prohibitive.
DECISION: The requested exemption from underground utility installation requirements RMC4-6-090 (C)
as requested by the applicant for the Project Reach 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 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”.
2. Any abandoned or unused lines within the Project Reach must be removed at the time that
construction is taking place.
3. 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.
4. 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, December 14, 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
Amy Silbaugh, CenturyLink amy.silbaugh@centurylink.com
Franchise Permits