12.18.290 Additional ducts or conduits – The city may require.
The city may require that a service provider that is constructing, relocating or placing ducts or conduits in public rights-of-way provide the city with additional duct or conduit and related structures necessary to access the conduit; provided, that:
A. The city enters into a contract with the service provider consistent with RCW 80.36.150. The contract rates to be charged should recover the incremental cost to the service provider. If the city makes the additional duct or conduit and related access structures available to any other entity for the purposes of providing telecommunications or cable television service for hire, sale or resale to the general public, the rates to be charged, as set forth in the contract with the entity that constructed the conduit or duct, shall recover at least the fully allocated cost of the service provider. The service provider shall state both contract rates in the contract. The city shall inform the service provider of the use, and any change in use of the requested duct or conduit and related access structures in order to determine the applicable rate to be paid by the city.
B. Except as otherwise agreed by the service provider and the city, the city agrees that the requested additional duct or conduit space and related access structures shall not be used by the city to provide telecommunications or cable television service for hire, sale or resale to the general public.
C. The city shall not require that the additional duct or conduit space be connected to the access structures and vaults of the service provider.
D. The value of the additional duct or conduit requested by the city shall not be considered a public works construction contract.
E. This section shall not affect the provision of an institutional network by a cable television service provider under federal law. (Ord. 1053 § 1, 2006).