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ORDINANCE NO. 5 0 4 4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RELATING TO TELECOMMUNICATIONS AND COMMERCIAL
UTILITIES; DESCRIBING THE PROCEDURES FOR APPLICATION AND
APPROVAL OF COMMERCIAL UTILITY AND TELECOMMUNICATION BUSINESS
REGISTRATIONS, ADDING A NEW CHAPTER 5.84 ENTITLED
"REGISTRATION OF TELECOMMUNICATION CARRIERS, OPERATORS,
PROVIDERS AND OTHER COMMERCIAL UTILITIES" TO THE AUBURN CITY
CODE PROVIDING FOR PROCEDURES FOR APPLICATION AND APPROVAL OF
COMMERCIAL UTILITY AND TELECOMMUNICATION BUSINESS
REGISTRATION, ESTABLISHING A BUSINESS REGISTRATION FEE, AND
GENERAL PENALTIES.
WHEREAS, RCW 35A.82.020 authorizes code cities to impose
business licensing requirements and excises upon business
transacted within such a city to the extent permitted by the
general laws; and
WHEREAS, Congress has adopted the Telecoramunications Act
of 1996 {hereinafter the "Act") in order to encourage the
development of high-technology communications systems through
increased competition among communications companies; and
WHEREAS, the Act provides for the removal
barriers, rate deregulation and relaxation of
trust provisions in an attempt to achieve
WHEREAS, the Act is anticipated to
effect on the range and
of regulatory
certain anti-
and
this goal;
type
have a significant
of services that
Ordinance No. 5044
December 31, 1997
Page 1 (OrdSO44f)
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telecommunications carriers, operators and providers will be
delivering via cable and wireless technologies; and
WHEREAS, the City currently has regulations which do not
take account of the provisions of the Act; and
WHEREAS, the creation of a new Auburn City Code Chapter
5.84 entitled "Registration of Telecommunication Carriers,
Operators, Providers and Other Coramercial Utilities" provides
a registration procedure consistent with the "Act" and
Washington law;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. PURPOSE: The purpose of this Ordinance is
as follows:
To create a new Chapter 5.84 of Auburn City Code
entitled "Registration of Telecommunication Carriers,
Operators, Providers and Other Commercial Utilities" as set
forth in Exhibit "A" attached hereto and incorporated herein
by this reference to provide registration procedure
consistent with the provisions of the "ACT" and Washington
law.
Ordinance No. 5044
December 31, 1997
Page 2 (Ord5044f)
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Section 2. Constitutionality or Invalidity: If any
section, subsection, clause, phrase, or sentence, of this
Ordinance, is for any reason held to be invalid or
unconstitutional, such invalidity or unconstitutionality of
the remaining portions of this ordinance, as it is being
hereby expressly declared that this ordinance and each
section, subsection, clause, phrase, or sentence, hereof
would have been prepared, proposed, adopted, and approved and
ratified irrespective of the fact that any one or more
section, subsection, clause, phrase, or sentence, be declared
invalid or unconstitutional.
Section 3. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation.
Section 4. This ordinance shall take effect and be in
force five (5} days from and after its passage, approval, and
publication, as provided by law.
Ordinance No. 5044
December 3 I, 1997
Page 3 (0rd5044f)
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ATTEST:
Da~n-ielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
City Attorney
PUBLISHED: ¢//~
Ordinance No. 5044
December 31, 1997
Page 4 (Ord5044f)
INTRODUCED:
PASSED:
APPROVED:
January 5, 1998
January 5, 1998
January 5, 1998
CHARLES A. BOOTH
MAYOR
EXHIBIT A
Chapter 5.84
REGISTRATION OF TELECOMMUNICATIONS
CARRIERS, OPERATORS, PROVIDERS, AND OTHER COMMERCIAL UTILITIES
Section
5.84.010
5.84.020
5.84.030
5.84.040
5.84.050
5.84.060
5.84.O7O
Purpose of Business Registration
Definitions.
Business Registration Required.
Business Registration Fee.
General Penalties.
Other Remedies.
Fees and Compensation Not a Tax.
Section 5.84.010 Purpose of Business Registration. The purpose of a
business registration is to:
A. Provide the City with accurate and current information concerning the
commemial utility providers, cable operators, telecommunications carriers, operators
and providers who offer or provide services within the City, or who own or operate
facilities within the City's public ways;
B. Assist the City in enforcement of Title 20 of the Auburn City Code;
C. Assist the City in the collection and enforcement of any municipal taxes,
fees or charges that may be due the City; and
D. Assist the City in monitoring compliance with local, state and federal laws.
Section 5.84.020 Definitions. For the purpose of this Chapter, and the
interpretation and enforcement thereof, the following words and phrases shall have the
following meanings, unless the context of the sentence in which they are used shall
indicate otherwise:
"Affiliate" means an entity which (directly or indirectly) owns or controls,
is owned or controlled by, or is under common ownership with Franchisee. For
purposes of this definition, the term "own" means to own an equity interest (or the
equivalent thereof) of more than ten (10) percent.
"Cable faci#ties" means equipment and wiring used to transmit audio
and video signals to subscribers;
"Cable operator" means a telecommunications carrier providing or
offering to provide "cable service" within the City as that term is defined in the Cable Act
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Exhibit "A"
and ACC 13,36;
"Cable service" for the purpose of this Chapter shall have the same
meaning provided by the Cable Act and ACC 13.36.
"City" means the City of Auburn, Washington as defined in Auburn City
Code Section 1.04.010 to include all future areas annexed into the City.
"Commercial Utility Provider" means any natural gas, electric power,
pipeline, or other company desiring to utilize City Public Ways for transporting,
purveying, or delivering bulk products, or providing commercial power or gas services
within the City, or needing to transport bulk product or services through the City to other
destinations for commercial purposes.
"Person" means and includes corporations, companies, associations,
joint stock companies or associations, firms, partnerships, limited liability companies
and individuals and includes their lessors, trustees and receivers;
"Telecommunications carrier" means and includes every person that
directly or indirectly owns, controls, operates or manages plant, equipment or facilities
within the City's public ways, for the purpose of offering telecommunications services
within the City;
"Telecommunications facilities" means the plant, equipment and
facilities, including but not limited to, cables, wires, conduits, ducts, pedestals,
antennae, electronics and other appurtenances used or to be used to transmit, receive,
distribute, provide or offer telecommunications services;
"Telecommunications operator" means and includes every person who
provides telecommunications services within the City over telecommunications facilities
located within the City's public ways, without any ownership, management or control of
the facilities.
"Telecommunications provider" means and includes every person who
utilizes facilities within the City's public ways to provide services outside the City only.
"Telecommunications service' means the providing or offering for rent,
sale or lease, or in exchange for other value received, of the transmittal of voice, data,
image, graphic and video programming information between or among points by wire,
cable, fiber optics, laser, microwave, radio, satellite or similar facilities, with or without
benefit of any closed transmission medium.
Section 5.84.030 Business Registration Required.
No person, firm or corporation shall engage in or carry on any business, occupation, act
or privilege for which a tax is imposed by AUBURN CiTY CODE 5.82.040 or 5.88.040
without first having obtained, and being the holder of, a business registration with the
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Auburn City Clerk. Each such person, firm or corporation shall apply to the Auburn City
Clerk for such registration upon such forms as the clerk shall prescribe, giving such
information as the clerk shall deem reasonably necessary to enable the clerk's office to
administer and enforce this chapter; and, upon acceptance of such application by the
clerk, the clerk shall thereupon issue such registration to the applicant. Such
registration shall be nontransferable and shall be valid as long as the registrant shall
continue in the business and shall comply with this chapter.
All commercial utility providers, cable operators, telecommunication carriers, operators,
and providers who offer or provide any commercial utility or telecommunications service
for a fee directly to the public, either within the City, or outside the corporate limits from
facilities within the City, shall, on an annual basis, apply for and obtain a Business
Registration from the City pursuant to this Chapter on forms to be provided by the City,
which shall include the following:
A. Business name, addresses and telephone numbers of the applicant,
including business owner (s), partner (s), officer (s) and any affiliates; including the legal
status of each.
B. The name, address, telephone number, and title of the officer, or
registered agent responsible for the accuracy of the telecommunications business
registration application statement;
C. Business location, mailing address, street address, and telephone
number;
D. A description of applicant's existing or proposed facilities within the City;
E. A description of the service that the applicant intends to offer or provide,
or is currently offering or providing, to persons, firms, businesses or institutions within
the City, or to those outside the City limits using facilities located within the City;
F. Information sufficient to determine whether the applicant is subject to the
public way permitting and/or franchising requirements imposed by Title 20 and Chapter
12.24 of the Auburn City Code;
G. Information sufficient to determine whether the transmission, origination or
receipt of the services provided or to be provided by the applicant constitutes an
occupation or privilege subject to any municipal telecommunications tax, utility tax or
other occupation tax imposed by the City;
H. DBA status of business.
I. Property tax lot number if applicable.
J. Business activity description.
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K. Storage of Hazardous materials (copy of MSDS Sheet)
L. Washington State UBI/Tax #.
M. Federal ID Tax #.
N. Washington State Labor & Industries Contractor ID #
O. Number of employees in City.
P. Emergency contacts available 24 hours daily, 7 days a week.
Section 5.84.040 Business Registration Fee. Each initial and all subsequent
annual applications for Registration of Telecommunications carriers, operators,
providers, or other commercial utility providers shall be accompanied by an application
fee of $25.00 for the purpose of reimbursing the City for administrative expenses
associated with processing the application.
Section 5.84.050 General Penalties.
A. Civil Penalty.
1. Any person violating any provisions of this chapter has committed an
infraction and is subject to a fine of up to a $100.00 penalty per infraction.
2. Each day of such failure or refusal to comply with the provisions of this
chapter or the violation of the same constitutes a separate infraction under this chapter.
B. Additional Relief. The City may seek legal or equitable relief to enjoin
any acts or practices and abate any condition which constitutes or will constitute a
violation of the applicable provisions of this Chapter when penalties provided herein are
inadequate to effect compliance. Furthermore, violation of the terms of this Chapter
shall be grounds for revocation of any Public Ways Agreement, , franchise, or lease
issued or granted pursuant to Title 20 of the Auburn City Code.
Section 5.84.060 Other Remedies. Nothing in this Chapter shall be construed
as limiting any judicial remedies that the City may have, at law or in equity, for
enforcement of this Chapter.
Section 5.84.070 Fees and Compensation Not a Tax. The fees, charges and
fines provided for in this Chapter are separate from, and additional to, any and all
federal, state, local, and City taxes as may be levied, imposed or due from a
commercial utility provider, telecommunications carrier, operator, or provider, its
customers or subscribers or on account of the lease, sale, delivery or transmission of
commercial utility or telecommunications services.
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