(Res. 2334, 7-17-00; Res. 1668, 5-15-72)

Chapter 12.08

APPROACHES TO COUNTY ROADS

Sections:

12.08.010       Permit required--Bond.

12.08.020       Responsibility for cost.

12.08.030       Construction standards.

12.08.040       Correction cost liability for improper construction.

12.08.050       Option--Construction by county.

12.08.060       Maintenance.

12.08.070       Exceptions.

12.08.010       Permit required--Bond.

    A.    No new approach to any county road shall be constructed and no alteration shall be effected on any existing approach to a county road unless and until the person benefited by or desiring such approach shall have filed with the Lincoln County road department a request for permit on form which will be provided, except that the county may alter or improve any existing approach to a county road when such alteration or improvement is necessary to the proper maintenance of the county road.

    B.     A bond (or cash deposit) shall be required in an amount to be determined by the engineer. Such bond (or cash deposit) shall accompany each application, whether the work is to be done by the applicant or by the county (see Section 12.08.050), and will be retained until the work is approved by the engineer. (Res. 1661 § 1, 5-1-72)

12.08.020       Responsibility for cost.

    All costs of construction of approaches to any county road shall be at the expense of the person benefited by or desiring such approach and all work shall be done in accordance with specific requirements stipulated by the board and issued by the Lincoln County road department. (Res. 1661 § 2, 5-1-72)

12.08.030       Construction standards.

    General features of construction shall be as follows:

    A.    The approach shall cause no interruption of or interference with roadway drainage. Culverts where required shall be twelve (12) inches in diameter or larger as may be required for passage of normal storm drainage. Culvert pipe shall be laid true to line and grade and minimum cover shall be six inches. Size, location, distance from shoulder of roadway and elevation of culvert pipe shall be as determined by the county engineer.

    B.     No approach shall be less than fifteen (15) feet in width out to a point five feet from the shoulder of the county road, and no approach culvert shall be less than twenty (20) feet in length.

    C.     The grade of the approach shall slope down from the shoulder of the road at a rate not less than three-eighths inch per foot and not more than one inch per foot for a distance of five feet from the roadway shoulder. The approach shall be so constructed that no water from the approach will drain into the roadway.

    D.    The general grade of the approach shall be the most favorable to permit safe ingress and egress to and from the roadway consistent with local conditions of grade and terrain.

    E.     Approaches shall be surfaced with a material which will not spill, wash, track or otherwise come onto the roadway to an extent which will interfere with normal traffic thereon. Suitable gravel surfacing is acceptable. (Res. 1661 § 3, 5-1-72)

12.08.040       Correction cost liability for improper construction.

    Approaches improperly constructed shall be corrected at the expense of the person benefitted by or desiring the approach. (Res. 1661 § 4, 5-1-72)

12.08.050       Option--Construction by county.

    A.    At the option of the applicant for an approach to a county road, the Lincoln County road department will, at the expense of the applicant, construct approaches out to the limit of the county right-of-way. At the time of application for permit, the applicant shall deposit with the Lincoln County road department a sum to be determined by the county engineer. Costs will be based on the actual cost of labor, equipment rental, engineering, materials used in the construction work involved, plus all cost for fringe benefits to labor, including, but not limited to, Social Securities, retirement, industrial and medical aid cost, prorated sick leave, holidays, and vacation time and group medical insurance. In addition thereto six percent of the total cost shall be added for overhead cost for accounting, billing and administrative services.

    B.     Construction by the county will be at the convenience of the county, with due consideration for urgency of the applicant’s need.

    C.     When mutually agreeable, between the owner and the county, a paved valley may be constructed in lieu of the culverts as required herein. (Res. 1661 § 5, 5-1-72)

12.08.060       Maintenance.

    A.    The maintenance of approaches outside the roadway limits of the county road is the responsibility of the person whose property is served by the approach.

    B.     Clearing of snow from approaches is the responsibility of the property owner. (Res. 1661 § 6, 5-1-72)

12.08.070       Exceptions.

    A.    Where the board finds that extraordinary hardship will result from strict compliance with all details of construction enumerated herein, it may permit deviations therefrom in a manner not to the detriment of the county road and traffic thereon.

    B.     Nothing in these regulations shall be construed to prohibit the county from building approaches to replace existing approaches during reconstruction or major maintenance of any county road, or providing necessary access to property adjacent to roads constructed on new alignment. The construction of approaches on new construction shall be as agreed by the county and the property owner at the time right-of-way is secured for the improvement. (Res. 1661 § 7, 5-1-72)

Chapter 12.12

CATTLE GUARDS

Sections:

12.12.010       Permit required--Bond.

12.12.020       Responsibility for cost.

12.12.030       Construction requirements.

12.12.040       Correction cost liability for improper construction.

12.12.050       Option--Construction by county.

12.12.060       Maintenance.

12.12.070       Exceptions.

12.12.010       Permit required--Bond.

    A.    No new cattle guard on any county road shall be constructed and no alteration shall be effected on any existing cattle guard on a county road unless and until the person benefited by or desiring such cattle guard shall have filed with the Lincoln County road department a request for permit on form which will be provided, except that the county may alter or improve any existing cattle guard on a county road when such alteration or improvement is necessary to the proper maintenance of the county road.

    B.     A bond (or cash deposit) shall be required in an amount to be determined by the engineer. Such bond (or cash deposit) shall accompany each application, whether the work is to be done by the applicant or by the county (see Section 12.12.050), and will be retained until the work is approved by the engineer. (Res. 1662 § 1, 5-1-72)

12.12.020       Responsibility for cost.

    All costs of construction of cattle guards on any county road shall be at the expense of the person benefited by or desiring such cattle guard and all work shall be done in accordance with specific requirements stipulated by the board and issued by the Lincoln County road department. (Res. 1662 § 2, 5-1-72)

12.12.030       Construction requirements.

    The construction of all cattle guards on county roads within Lincoln County, Washington, shall comply with the following regulations:

    A.    No cattle guard shall be installed or maintained on any county road that is not within open range as designated or recognized by the board of county commissioners of Lincoln County, Washington.

    B.     The Lincoln County department of public works, highways division, shall install and maintain one cattle guard as the affected county road enters and leaves the designated or recognized open range area.

    C.     Any other cattle guard within the open range area shall be installed and maintained at the benefiting property owner’s expense. The benefiting property owner shall be required to obtain a permit from Lincoln County prior to installation.

    D.    All cattle guards to be installed shall cause no interruption of or interference with roadway drainage and shall be laid true to line and grade. Size, load design and elevation of the cattle guard shall be determined by the county engineer.

    E.     At the option of the benefiting property owner, the department of public works may, at the expense of the property owner construct and install the permitted cattle guard. At the time of application for a permit to install a cattle guard the applicant shall deposit with the department of public works a sum, to be determined by the county engineer. The actual costs for labor, including benefits, equipment rental and materials will be assessed against the deposit and any balance remaining shall be refunded or the applicant will be billed for the balance due. Construction by the county shall be at the convenience of the county with due consideration for the applicant’s time constraints.

    F.     The maintenance of cattle guards installed under subsection B above shall be the responsibility of the county, all other cattle guards installed by permit the maintenance of shall be the responsibility of the benefiting property owner. As with construction and installation, the property owner may request assistance form the county in maintaining the permitted cattle guards and shall make such request at least five working days prior to the work being done. The requesting property owner shall deposit with the department of public works a sum, to be determined by the county engineer. The actual costs for labor, including benefits, equipment rental and materials will be assessed against the deposit and any balance remaining shall be refunded or the applicant will be billed for the balance due. Maintenance by the county shall be at the convenience of the county with due consideration for the applicant’s time constraints. (Res. 2381, 2002: Res. 1662 § 3, 5-1-72)

12.12.040       Correction cost liability for improper construction.

    Cattle guards improperly constructed shall be corrected at the expense of the person benefited by or desiring the cattle guard. (Res. 1662 § 4, 5-1-72)

12.12.050       Option--Construction by county.

    A.    At the option of the applicant for a cattle guard on a county road, the Lincoln County road department will, at the expense of the applicant, construct the cattle guard. At the time of application for permit, the applicant shall deposit with the Lincoln County road department a sum to be determined by the county engineer. Costs will be based on the actual cost of labor, equipment rental, engineering, materials used in the construction work involved, plus all cost for fringe benefits to labor, including, but not limited to, Social Securities, retirement, industrial and medical aid cost, prorated sick leave, holidays, and vacation time and group medical insurance. In addition thereto six percent of the total cost shall be added for overhead cost for accounting, billing and administrative services.

    B.     Construction by the county will be at the convenience of the county, with due consideration for urgency of the applicant’s need. (Res. 1662 § 5, 5-1-72)

12.12.060       Maintenance.

    The maintenance of cattle guards on any county road is the responsibility of the person whose property is benefited by the cattle guard. (Res. 1662 § 6, 5-1-72)

12.12.070       Exceptions.

    A.    Where the board finds that extraordinary hardship will result from strict compliance with all details of construction enumerated herein, it may permit deviations therefrom in a manner not to the detriment of the county road and traffic thereon.

    B.     Nothing in these regulations shall be construed to prohibit the county from building cattle guards to replace existing ones during reconstruction or major maintenance of any county road, or providing necessary cattle guards on roads constructed on new alignment. The construction of cattle guards on new construction shall be as agreed by the county and the property owner at the time the right-of-way is secured for the improvement. (Res. 1662 § 7, 5-1-72)

Chapter 12.16

CATTLE PASSES UNDER COUNTY ROADS

Sections:

12.16.010       Permit required--Bond.

12.16.020       Responsibility for costs.

12.16.030       Construction requirements.

12.16.040       Correction cost liability for improper construction.

12.16.050       Option--Construction by county.

12.16.060       Maintenance.

12.16.070       Exceptions.

12.16.010       Permit required--Bond.

    A.    No new cattle pass under any county road shall be constructed and no alteration shall be effected on any existing cattle passes under a county road unless and until the person benefited by or desiring such cattle pass shall have filed with the Lincoln County road department a request for permit on form which will be provided, except that the county may alter or improve any existing cattle pass under a county road when such alteration or improvement is necessary to the proper maintenance of the county road.

    B.     A bond (or cash deposit) shall be required in an amount to be determined by the engineer. Such bond (or cash deposit) shall accompany each application, whether the work is to be done by the applicant or by the county (see Section 12.16.050), and will be retained until the work is approved by the engineer. (Res. 1664 § 1, 5-1-72)

12.16.020       Responsibility for costs.

    All costs of construction of cattle passes under any county road shall be at the expense of the person benefited by or desiring such cattle pass and all work shall be done in accordance with specific requirements stipulated by the board and issued by the Lincoln County road department; provided, that where an existing drainage culvert exists, an equitable settlement will be consummated. (Res. 1664 § 2, 5-1-72)

12.16.030       Construction requirements.

    General features of construction shall be as follows:

    A.    The cattle pass shall cause no interruption of or interference with roadway drainage. The cattle pass shall be laid true to line and grade and minimum cover shall be twelve (12) inches. Size, location and elevation of the cattle pass shall be as determined by the county engineer. (Res. 1664 § 3, 5-1-72)

12.16.040       Correction cost liability for improper construction.

    Cattle passes improperly constructed shall be corrected at the expense of the person benefited by or desiring the cattle pass. (Res. 1664 § 4, 5-1-72)

12.16.050       Option--Construction by county.

    A.    At the option of the applicant for a cattle pass under a county road, the Lincoln County road department will, at the expense of the applicant, construct the same. At the time of application for permit, the applicant shall deposit with the Lincoln County road department a sum to be determined by the county engineer. Costs will be based on the actual cost of labor, equipment rental, engineering, materials used in the construction work involved, plus all cost for fringe benefits to labor, including, but not limited to, Social Securities, retirement, industrial and medical aid cost, prorated sick leave, holidays and vacation time and group medical insurance. In addition thereto six percent of the total cost shall be added for overhead cost for accounting, billing and administrative services.

    B.     Construction by the county will be at the convenience of the county, with due consideration for urgency of the applicant’s need. (Res. 1664 § 5, 5-1-72)

12.16.060       Maintenance.

    The maintenance of cattle passes is the responsibility of the person whose property is served by the cattle pass. (Res. 1664 § 6, 5-1-72)

12.16.070       Exceptions.

    A.    Where the board finds that extraordinary hardship will result from strict compliance with all details of construction enumerated herein, it may permit deviations therefrom in a manner not to the detriment of the county road and traffic thereon.

    B.     Nothing in these regulations shall be construed to prohibit the county from building cattle passes to replace existing ones during reconstruction or major maintenance of any county road. The construction of cattle passes on new construction shall be as agreed by the county and the property owner at the time right-of-way is secured for the improvement. (Res. 1664 § 8, 5-1-72)

Chapter 12.20

COUNTY LAKES

Sections:

Article I. Fourth of July Lake

12.20.010       Purpose.

12.20.020       Definitions.

12.20.030       Unlawful acts designated.

12.20.040       Violation--Penalty.

Article II. Fishtrap Lake

12.20.050       Purpose.

12.20.060       Unlawful acts designated.

12.20.070       Violation--Penalty.

Article I. Fourth of July Lake

12.20.010       Purpose.

    It is the policy of Lincoln County to promote safety and enjoyment of persons using Fourth of July Lake, situated in Sections 35 and 36, Township 21, Range 38 EWM, Lincoln County, Washington. The ordinance codified in this article is intended to supplement but not infringe upon laws and regulations of the state of Washington and the United States. (Ord. 72-3 § 1)

12.20.020       Definitions.

    As used in this article, unless the context clearly requires a different meaning, the following terms are defined in this section:

    “Motorboat” means any watercraft, other than a raft or rowing boat under oars or propelled by hand power, propelled by machinery, whether or not such machinery is the principal source of propulsion.

    “Motorized vehicle” means any self-propelled vehicle of any type which is propelled by machinery, whether or not such machinery is the principal source of power.

    “Person” means any individual or other legal entity.

    “Snowmobile” means a self-propelled vehicle, designed for use on snow and ice. (Ord. 72-3 § 2)

12.20.030       Unlawful acts designated.

    It is unlawful for any person to operate a motorboat, snowmobile or other motorized vehicle in, on or around Fourth of July Lake. (Ord. 72-3 § 3)

12.20.040       Violation--Penalty.

    Any person who violates Article I of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not over two hundred fifty dollars ($250.00), or by imprisonment of not over ninety (90) days in the county jail, or by both fine and imprisonment within the discretion of the court. (Ord. 72-3 § 4)

Article II. Fishtrap Lake

12.20.050       Purpose.

    It is the policy of Lincoln County to promote safety and enjoyment of persons using Fishtrap Lake, situated in Section 1 and 12, Township 21, Range 39 E.W.M., Lincoln County, Washington, and in Section 36, Township 22, Range 39 E.W.M., Lincoln County, Washington. The ordinance codified in this Article II is intended to supplement but not infringe upon laws and regulations of the state of Washington and the United States. (Ord. 75-2 § 1)

12.20.060       Unlawful acts designated.

    It is unlawful for any person to operate a boat for the purpose of water skiing on the waters of Fishtrap Lake. (Ord. 75-2 § 2)

12.20.070       Violation--Penalty.

    Any person who violates Article II of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than ten dollars ($10.00) nor more than fifty dollars ($50.00). (Ord. 75-2 § 3)

Chapter 12.24

TELECOMMUNICATIONS USERS OF

LINCOLN COUNTY RIGHTS-OF-WAY

Sections:

12.24.010       General provisions.

12.24.020       Registration.

12.24.030       Restricted franchise.

12.24.040       Franchise.

12.24.050       Cable franchise.

12.24.060       Conditions of grant of restricted franchise, franchise or cable franchise.

12.24.070       Construction.

12.24.080       Fees.

12.24.090       Miscellaneous.

12.24.010       General provisions.

    A.    Purpose and Intent. The purpose of this policy is to establish clear and nondiscriminatory local guidelines, standards, and time frames for the exercise of local authority with respect to the regulation of the use of public rights-of-way and/or public property by telecommunications providers and for telecommunications services.

    This policy is intended to:

    1.     Promote competition in telecommunications;

    2.     Minimize unnecessary local regulation of telecommunications providers and services;

    3.     Encourage the provision of advanced and competitive telecommunications services on the widest possible basis to the business, institutions, and residents of the county;

    4.     Permit and manage reasonable access to the public rights-of-way of the county for telecommunications purposes on a competitively neutral basis;

    5.     Conserve the limited physical capacity of the public rights-of-way held in public trust by the county;

    6.     Assure that the county’s current and ongoing costs of granting and regulating private access to and use of the public rights-of-way are fully paid by the persons seeking such access and causing such costs;

    7.     Secure fair and reasonable compensation to the county and the residents of the county, in a non-discriminatory manner, for permitting private use of the public rights-of-way and/or public property;

    8.     Assure that all telecommunications carriers providing facilities or services within the county comply with the ordinances, rules, and regulations of the county;

    9.     Assure that the county can continue to fairly and responsibly protect the public health, safety, and welfare; and

    10.    Enable the county to discharge its public trust consistent with rapidly evolving federal and state regulatory policies, industry competition, and technological development.

    B.     Definitions. Terms used in this policy shall have the following meanings:

    “Affiliate” means a person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with another person.

    “Cable acts” means the Cable Communications Policy Act of 1984, as amended by the Cable Television Consumer Protection and Competition Act of 1992, as amended by portions of The Telecommunications Act of 1996, and as hereafter amended.

    “Cable operator” means a telecommunications carrier providing or offering to provide cable service within the county as that term is defined in the Federal Cable Acts.

    “Cable service” has the same meaning as defined in the Federal Cable Acts.

    “County” means the county of Lincoln, state of Washington.

    “County property” means any real property owned by Lincoln County, whether in fee or other ownership estate of interest.

    “Excess capacity” means the volume or capacity in any existing or future duct, conduit, manhole, handhole or other utility facility within the right-of-way that is or will be available for use for additional telecommunications facilities.

    “FCC” or “Federal Communications Commission” means the federal administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services and providers on a national level.

    “Grantee” encompasses those franchisees granted certain rights and obligations as more fully described herein.

    “Washington Utilities and Transportation Commission” or “WUTC” means the state administrative agency, or lawful successor, authorized to regulate and oversee telecommunications carriers, services, and providers in the state of Washington to the extent prescribed by law.

    “Overhead facilities” means utility facilities and telecommunications facilities located above the surface of the ground, including the underground supports and foundations for such facilities.

    “Person” includes corporations, companies, associations, joint stock companies, firms, partnerships, limited liability companies, other entities, and individuals.

    “Public ways” includes the surface of and space above and below any real property in county in which county has an ownership interest, or interest as a trustee for the public, including but not limited to all public streets, highways, roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, or any other public place, area, or property under control of county, and any public or utility easements established, dedicated, or devoted for public utility purposes.

    “Rights-of-way” means all county property and public ways, collectively, within the county.

    “State” means the state of Washington.

    “Surplus space” means that portion of the usable space on a utility pole which has the necessary clearance from other pole users, as required by the orders and regulations of regulatory agencies with applicable jurisdiction, to allow its use by a telecommunications carrier for a pole attachment.

    “Telecommunications carrier” includes every person that directly or indirectly owns, controls, operates or manages plant, equipment or property within the county, used or to be used for the purpose of offering telecommunications service.

    “Telecommunications facilities” or “telecommunications system” means the plant, equipment and property 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 service.

    “Telecommunications provider” includes every person who provides telecommunications service over telecommunications facilities.

    “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.

    “Underground facilities” means utility and telecommunications facilities located under the surface of the ground, excluding the underground foundations or supports for overhead facilities.

    “Usable space” means the total distance between the top of a utility pole and the lowest possible attachment point that provides the minimum allowable vertical clearance as specified in the orders and regulations of the WUTC.

    “Utility facilities” mean the plant, equipment, and property including, but not limited to, the poles, pipes, mains, conduits, ducts, cables, wires, plant and equipment located under, on or above the surface of the ground within rights-of-way and used or to be used for the purpose of providing utility services or telecommunications services including telecommunication facilities.

    C.     Registration and Fees. Except as otherwise provided herein, all telecommunications carriers or providers engaged in the business of transmitting, supplying, or furnishing of telecommunications service originating, terminating, or existing within the county shall register with the county pursuant to this policy and pay all the fees as provided herein.

    D.    Restricted Franchise and Fees. Except as otherwise provided herein, any telecommunications carrier who desires to construct, install, operate, maintain, or otherwise locate telecommunications facilities in rights-of-way for the purpose of providing telecommunications service to persons and areas outside the county shall first obtain a restricted franchise granting the use of such public rights-of-way from the county pursuant to this policy and pay all the fees as provided herein.

    E.     Franchise and Fees. Except as otherwise provided herein, any telecommunications carrier who desires to construct, install, operate, maintain, or otherwise locate telecommunications facilities in rights-of-way and to also provide telecommunications service to persons or areas in the county, shall first obtain a franchise granting the use of such rights-of-way from the county pursuant to this policy and pay all the fees as provided herein.

    F.     Cable Franchise and Fees. Except as otherwise provided herein, any telecommunications carrier who desires to construct, install, operate, maintain, or locate telecommunications facilities in rights-of-way for the purpose of providing cable services shall first obtain a cable franchise from the county pursuant to this policy and pay all the fees as provided herein in the cable franchise.

    G.     Application to Existing Franchise Ordinances and Agreements. This policy shall have no effect on any existing franchise agreement until the expiration of said franchise agreement or, an amendment to an unexpired franchise agreement, unless both parties agree to defer full compliance to a specific date not later than the present expiration date.

    H.    Penalties. Any person found violating, disobeying, omitting, neglecting, or refusing to comply with any of the provisions of this policy shall be subject to revocation of some or all of their existing permits, requiring removal of all facilities from county rights-of-way.

    I.      Other Remedies. Nothing in this policy shall be construed as limiting any judicial remedies that the county may have, at law or in equity, for enforcement of this policy.

    J.      Severability. If any section, subsection, sentence, clause, phrase, or other portion of this policy, or its application to any person is, for any reason, declared invalid, in whole or in part by any court or agency of competent jurisdiction, said decision shall not affect the validity of the remaining portions hereof. (Res. 2335 (part))

12.24.020       Registration.

    A.    Registration Required. All telecommunications carriers having telecommunications facilities within the county, or all telecommunications carriers or providers that offer or provide telecommunications service originating, terminating or existing within the county shall register with the county hereunder on forms provided by the county engineer or designee which shall include the following:

    1.     The identity and legal status of the registrant, including any affiliates;

    2.     The name, address and telephone number of the officer, agent or employee responsible for the accuracy of the registration statement;

    3.     A description of registrant’s existing or proposed telecommunications facilities within the county;

    4.     A description of the telecommunications service that the registrant intends to offer or provide, or is currently offering or providing, to persons, firms, businesses, or institutions within the county;

    5.     Information sufficient for county to determine whether the registrant is subject to franchising under this policy;

    6.     Information sufficient for county to determine whether the transmission, origination, or receipt of the telecommunications services provided or to be provided by the registrant constitutes an occupation or privilege subject to any county permit, franchise or other county policy requirement;

    7.     Such other information as the county may require.

    B.     Purpose of Registration. The purpose of registration is to:

    1.     Provide the county with accurate and current information concerning the telecommunications carriers and providers who offer or provide telecommunications services within the county, or that own or operate telecommunication facilities within the county;

    2.     Assist the county in enforcement of this policy;

    3.     Assist the county in the collection and enforcement of any franchise fees or charges that may be due the county; and

    4.     Assist the county in monitoring compliance with local, state, and federal laws.

    C.     Exception to Registration. The following telecommunications carriers and providers are excepted from the registration requirements of this policy:

    1.     A company or person which provides telecommunications services solely to itself, its affiliates or members between points in the same building, or between closely located buildings under common ownership or control, provided that such company or person does not use or occupy any rights-of-way. (Res. 2335 (part))

12.24.030       Restricted franchise.

    A.    Restricted Franchise. A restricted franchise shall be required of any telecommunications provider who desires to make use of telecommunication facilities which occupy any rights-of-way for the sole purpose of providing telecommunications services to persons or areas outside the county.

    B.     Restricted Franchise Application. Any person who desires a restricted franchise hereunder shall file an application in accordance with Lincoln County statement of procedure regarding franchise granting, which shall include the applicable portions of the required restricted franchise application information.

    C.     Determination by the County. As soon as is practicable after receiving a complete application in the form approved by the county engineer and submitted to the Lincoln County department of public works, the board of county commissioners, in accordance with Lincoln County statement of procedure regarding franchise granting, and RCW Chapter 36.55, shall set a time and place for a public hearing on whether to grant or deny the application in whole or in part. A recommendation to deny an application may be based on the criteria contained in Lincoln County statement of procedure regarding franchise granting and any of the following:

    1.     The capacity of the rights-of-way to accommodate the applicant’s facilities;

    2.     The capacity of the rights-of-way to accommodate additional utility and telecommunications facilities if the application is granted;

    3.     The damage or disruption, if any, of public or private facilities, improvements, service, travel, or landscaping if the application is granted, giving consideration to an applicant’s willingness and ability to mitigate and/or repair same;

    4.     The public interest in minimizing the cost and disruption of construction within the rights-of-way;

    5.     The service that applicant will provide to the region;

    6.     The effect, if any, on general public health, safety and welfare in the county’s sole opinion if the application is granted;

    7.     The availability of alternate routes or locations for the proposed facilities;

    8.     Applicable federal, state, and local laws, regulations, rules and policies;

    9.     Such other factors as may demonstrate that the grant to use the rights-of-way will serve the community interest.

    D.    Agreement. No restricted franchise granted hereunder shall be effective until the applicant and the county have executed a written agreement setting forth the particular items and provisions under which the restricted franchise to occupy and use rights-of-way will be granted and said agreement is properly recorded with the Lincoln County auditor in accordance with RCW 36.55.080. All restricted franchises granted pursuant to this article shall contain substantially similar terms and conditions, which, taken as a whole and considering relevant characteristics of the applicants, do not provide more or less favorable terms and conditions than those required of other restricted franchises.

    E.     Nonexclusive Grant. No restricted franchise granted hereunder shall confer any exclusive right or authorization to occupy or use the rights-of-way for delivery of telecommunications services or any other purposes.

    F.     Rights Granted.

    1.     No restricted franchise granted hereunder shall convey any right, title, or interest in the rights-of-way but shall be deemed an authorization only to use and occupy the rights-of-way for the limited purposes and term stated in the grant.

    2.     No restricted franchise granted hereunder shall authorize or excuse a restricted franchisee from securing such further easements, leases, permits, or other approvals as may be required to lawfully occupy and use rights-of-way excess capacity in an underground facility or surplus space in an overhead facility. At such time as a restricted franchisee also provides telecommunications service within the county to county residents, it shall be required to obtain a franchise in addition to the restricted franchise.

    3.     No restricted franchise granted hereunder shall be construed as any warranty of title.

    G.     Term of Grant. Unless otherwise specified in the restricted franchise, or unless otherwise renewed, a restricted franchise granted hereunder shall be in effect for a term of not more than five years.

    H.    Restricted Franchise Route. A restricted franchise granted hereunder shall be limited to a grant of use of specific rights-of-way and defined portions thereof.

    I.      Utility Right-of-Way Permits. All restricted franchisees are required to obtain utility right-of-way permits and pay all fees as required in Lincoln County policy and manual regarding the accommodation of utilities.

    J.      Compensation to County. Each restricted franchise granted hereunder is subject to the county’s right, which is expressly reserved, to fix by resolution a fair and reasonable compensation for use of property pursuant to a restricted franchise, provided nothing in this policy shall prohibit the county and a restricted franchisee from agreeing to the compensation to be paid.

    K.    Service to County Users. A restricted franchisee may be permitted to offer or provide telecommunications services to persons or areas within the county upon submitting an application for franchise approval and after being granted a franchise pursuant to this policy.

    L.     Amendment of Grant.

    1.     A new restricted franchise application and grant shall be required of any telecommunications carrier that desires to extend or locate its telecommunications facilities in rights-of-way of the county which are not included in a restricted franchise previously granted hereunder.

    2.     A new franchise application and grant shall be required of any telecommunications provider that desires to add to or modify the services provided beyond the scope of a franchise previously granted.

    3.     If a grantee is ordered by the county to locate or relocate its telecommunications facilities in rights-of-way not included in a previously granted restricted franchise, the county shall grant a restricted franchise amendment without further application.

    4.     Applications for amendments to a restricted franchise previously granted hereunder shall be submitted in a form approved by the county engineer pursuant to Lincoln County policy regarding amendments to existing franchises.

    M.    Renewal Applications. A restricted franchisee that desires to renew its restricted franchise hereunder shall, not more than one hundred eighty (180) days nor less than ninety (90) days before expiration of the current restricted franchise, file an application with the county for renewal of its restricted franchise which shall include the following information:

    1.     The applicable information required pursuant to the restricted franchise.

    2.     Any other information required by the county.

    N.    Renewal Determinations. As soon as is practicable after receiving a complete application in the form approved by the county engineer and submitted to the Lincoln County department of public works, the board of county commissioners, in accordance with Lincoln County statement of procedure regarding franchise granting, and RCW Chapter 36.55, shall set a time and place for a public hearing on whether to grant or deny the renewal application in whole or in part. If the renewal recommendation is to deny, the recommendation shall include the reasons for non-renewal. When determining whether to recommend granting or denying the application, the following criteria shall be considered:

    1.     The standards enumerated in subsection C of this section.

    2.     The criteria set forth in Lincoln County statement of procedure regarding franchise granting; and

    3.     The applicant’s compliance with the requirements of this policy and the franchise.

    O.    Obligation to Cure As a Condition of Renewal. No restricted franchise shall be renewed until any ongoing violations or defaults in the restricted franchisee’s performance of the restricted franchise, of the requirements of this policy, and all applicable laws, statutes, codes, ordinances, rules, and regulations have been cured, or a plan detailing the corrective action to be taken by the restricted franchisee has been approved by the county engineer or designee. (Res. 2335 (part))

12.24.040       Franchise.

    A.    Franchise. A franchise shall be required of any telecommunications provider who desires to make use of telecommunications facilities which occupy rights-of-way and to provide telecommunications services to any person or area in the county.

    B.     Franchise Application. Any person who desires a franchise hereunder shall file an application in accordance with Lincoln County statement of procedure regarding franchise granting, which shall include the applicable portions of the required franchise application information.

    C.     Determination by the County. As soon as is practicable after receiving a complete application in the form approved by the county engineer and submitted to the Lincoln County department of public works, the board of county commissioners, in accordance with Lincoln County statement of procedure regarding franchise granting, and RCW Chapter 36.55, shall set a time and place for a public hearing on whether to grant or deny the application in whole or in part. If the recommendation is to deny, the recommendation shall include the reasons for denial. The standards enumerated in Section 12.24.030(C) and in Lincoln County statement of procedure regarding franchise granting shall apply when determining whether to recommend granting or denying the application.

    D.    Agreement. No franchise shall be granted hereunder unless the applicant and the county have executed a written agreement setting forth the particular terms and provisions under which the franchise to occupy and use rights-of-way will be granted and said agreement has been recorded in accordance with RCW 36.55.080. All franchises granted pursuant to this chapter shall contain substantially similar terms and conditions, which, taken as a whole and considering relevant characteristics of the applicants, do not provide more or less favorable terms and conditions than those required of similarly situated franchises.

    E.     Nonexclusive Grant. No franchise granted hereunder shall confer any exclusive right, privilege, or franchise to occupy or use the rights-of-way for delivery of telecommunications services or any other purposes.

    F.     Rights Granted.

    1.     No franchise granted hereunder shall convey any right, title, or interest in the rights-of-way but shall be deemed a franchise only to use and occupy the rights-of-way for the limited purposes and term stated in the grant.

    2.     No franchise granted hereunder shall authorize or excuse a franchisee from securing such further easements, leases, permits, or other approvals as may be required to lawfully occupy and use rights-of-way excess capacity in an underground facility or surplus space in an overhead facility.

    3.     No franchise granted hereunder shall be construed as any warranty of title.

    G.     Term of Grant. Unless otherwise specified in a franchise or unless otherwise renewed, a franchise granted hereunder shall be valid for a term of not more than five years.

    H.    Utility Right-of-Way Permits. All franchisees are required to obtain utility right-of-way permits and pay all fees for telecommunications facilities as required in Lincoln County policy and manual regarding the accommodation of utilities, and/or as established by resolution by the board of county commissioners.

    I.      Compensation to County. Each franchise granted hereunder is subject to the county’s right, which is expressly reserved, to fix by resolution a fair and reasonable compensation for use of property pursuant to a franchise, provided nothing in this policy shall prohibit the county and a franchisee from agreeing to the compensation to be paid.

    J.      Nondiscrimination. A franchisee shall make its telecommunications services available to any customer within its franchise area who shall request such service, without discrimination as to the terms, conditions, rates, or charges for franchisee’s services, provided, however, that nothing in this policy shall prohibit a franchisee from making any reasonable classifications among differently situated customers.

    K.    Service to the County. A franchisee shall make its telecommunications services available to the county at its most favorable rate for similarly situated users, provided, however, the county may negotiate more favorable rates or free service in lieu of other obligations of franchisee.

    L.     Amendment of Grant.

    1.     A new franchise application and grant shall be required of any telecommunications provider that desires to add to or modify the services provided beyond the scope of a franchise previously granted.

    2.     If a grantee is ordered by the county to locate or relocate its telecommunications facilities in rights-of-way not included in a previously granted franchise, the county shall grant a franchise amendment without further application.

    3.     Applications for amendments to a franchise previously granted hereunder shall be submitted in a form approved by the county engineer pursuant to Lincoln County policy regarding amendments to existing franchises.

    M.    Renewal Applications. A franchisee that desires to renew its franchise hereunder shall, not more than one hundred eighty (180) days nor less than ninety (90) days before expiration of the current franchise, file an application with the county for renewal of its franchise, which shall include the following information:

    1.     The applicable information required pursuant to the franchise;

    2.     Any other information required by the county.

    N.    Renewal Determinations. As soon as is practicable after receiving a complete application in the form approved by the county engineer and submitted to the Lincoln County department of public works, the board of county commissioners, in accordance with Lincoln County statement of procedure regarding franchise granting, and RCW Chapter 36.55, shall set a time and place for a public hearing on whether to grant or deny the renewal application in whole or in part. If the renewal recommendation is to deny, the recommendation shall include the reasons for non-renewal. When determining whether to recommend granting or denying the application, the following criteria shall be considered:

    1.     The standards enumerated in Section 12.24.030(C);

    2.     The criteria set forth in Lincoln County statement of procedure regarding franchise granting; and

    3.     The applicants compliance with the requirements of this policy and the franchise.

    O.    Obligation to Cure as a Condition of Renewal. No franchise shall be renewed until any ongoing violations or defaults in the franchisee’s obligations under the franchise, or the requirements of this policy, and all applicable laws, statutes, codes, ordinances, rules and regulations have been cured, or a plan detailing the corrective action to be taken by the franchisee has been approved by the county. (Res. 2335 (part))

12.24.050       Cable franchise.

    A.    Grant of Cable Franchise. The county may grant one or more cable franchises containing such provisions as are reasonably necessary to protect the public interest, and each such cable franchise shall be awarded in accordance with and subject to the provisions of this policy. This policy may be amended from time to time, and in no event shall this policy be considered a contract between the county and a cable franchisee such that the county would be prohibited from amending any provision hereof, provided no such amendment shall in any way impair any contract right or increase obligations of a cable franchisee under an outstanding and effective cable franchise except in the lawful exercise of the county’s police power.

    B.     Cable Franchise Required. No person may construct, operate, or maintain a cable system or provide cable service over a cable system within the county without a cable franchise granted by the county authorizing such activity. No person may be granted a cable franchise without having entered into a cable franchise agreement with the county pursuant to this policy. For the purpose of this provision, the operation of part or all of a cable system within the county means the use or occupancy of rights-of-way by facilities used to provide cable service.

    Telecommunications facilities used to provide telephone service which are also used to provide cable service shall be subject to this policy and shall also require a cable franchise. Use of such facilities to provide services similar to cable service, such as open video service, shall be subject to this policy to the extent provided by law. A system shall not be deemed as operating within the county even though service is offered or rendered to one more subscribers within the county, if no rights-of-way by facilities used to provide cable service are used or occupied. All cable franchises granted pursuant to this policy shall contain substantially similar terms and conditions, which, taken as a whole and considering relevant characteristics of the applicants, do not provide more or less favorable terms and conditions than those required of other cable franchisees.

    C.     Length of Cable Franchise. Unless otherwise specified in a cable franchise, or unless otherwise renewed, no cable franchise shall be granted for a period of more than five years.

    D.    Cable Franchise Characteristics. A cable franchise authorizes use of rights-of-way for installing, operating, and maintaining cables, wires, lines, optical fiber, underground conduit, and other devices necessary and appurtenant to the operation of a cable system to provide cable services within the county, but does not expressly or implicitly authorize a cable franchisee to provide service to, or install a cable system on private property without owner consent, or to use publicly or privately owned poles, ducts, or conduits without a separate agreement with the owners.

    1.     A cable franchise shall not mean or include any exclusive right or authorization for the privilege of transacting and carrying on a business within the county as generally required by the ordinances and laws of the county. A cable franchise shall not confer any authority to provide telecommunications services or any other communications services besides cable services. A cable franchise shall not confer any implicit rights other than those mandated by federal, state, or local law.

    2.     A cable franchise is nonexclusive and will not explicitly or implicitly: preclude the issuance of other cable franchises to operate cable systems within the county; affect the county’s right to authorize use of rights-of-way by other persons to operate cable systems or for other purposes as it determines appropriate; or affect the county’s right to itself construct, operate, or maintain a cable system, with or without a cable franchise.

    3.     Once a cable franchise has been accepted and executed by the county and a cable franchisee, such cable franchise shall constitute a valid and enforceable agreement between the cable franchisee and the county, and the terms, conditions and provisions of such franchise, subject to this policy and all other duly enacted and applicable laws and regulations shall define the rights and obligations of the cable franchisee and the county relating to the cable franchise.

    4.     All privileges prescribed by a cable franchise shall be subordinate to any prior lawful occupancy of the rights-of-way and the county reserves the right to reasonably designate where a cable franchisee’s facilities are to be placed within the rights-of-way through its generally applicable permit procedures.

    5.     A cable franchise shall be a privilege that is in the public trust and personal to the original cable franchisee. No cable franchise transfer shall occur without the prior written consent of the county upon application made by the cable franchisee pursuant to this policy and the cable franchise, which consent shall not be unreasonably withheld, and any purported cable franchise transfer made without application and prior written consent shall be void and shall be cause for the county to revoke the cable franchise.

    E.     Cable Franchisee Subject to Other Laws, Police Powers.

    1.     A cable franchisee shall at all times be subject to and shall comply with all applicable federal, state, and local laws and regulations, including this policy. A cable franchisee shall at all times be subject to all lawful exercise of the police power of the county including, but not limited to, all rights the county may have under the cable acts, all powers regarding zoning, supervision of construction, control of rights-of-way, and consumer protection.

    2.     The county shall have full authority to regulate cable systems, cable franchisees and cable franchises as may now or hereafter be lawfully permissible.

    F.     Interpretation of Cable Franchise Terms.

    1.     In the event of a conflict between this policy and a cable franchise, the provisions of this policy control except where the conflict arises from the lawful exercise of the county’s police power.

    2.     The provisions of this policy and a cable franchise will be liberally construed in accordance with generally accepted rules of construction to promote the public interest.

    G.     Operation of a Cable System Without a Cable Franchise. Any person who occupies rights-of-way for the purpose of operating or constructing a cable system or provides cable service over a cable system and who does not hold a valid cable franchise from the county shall be subject to all requirements of this policy. In its discretion, the county at any time may by resolution: require such person to enter into a cable franchise within thirty (30) days of receipt of a written notice to such person from the county that a cable franchise is required; require such person to remove its property and restore the affected area to a condition satisfactory to the county; direct county personnel to remove the property and restore the affected area to a condition satisfactory to the county and charge the person the costs therefor, including by placing a lien on the person’s property; or take any other action it is entitled to take under applicable law. In no event shall a cable franchise be created unless it is issued by the county pursuant to this policy and subject to a written cable franchise.

    H.    Acts at Cable Franchisee’s Expense. Any act that a cable franchisee is or may be required to perform under this policy, a cable franchise, or applicable law, shall be performed at the cable franchisee’s expense.

    I.      Eminent Domain. Nothing herein shall be deemed or construed to impair or affect, in any way or to any extent, the county’s power of eminent domain.

    J.      Exclusive Contracts and Anti-Competitive Acts Prohibited.

    1.     No cable franchisee or other multi-channel video programming distributor shall enter into or enforce an exclusive contract for the provision of cable service or other multi-channel video programming with any person, or demand the exclusive right to serve a person or location, as a condition of extending service to that or any other person or location.

    2.     No cable franchisee or other multi-channel video programming distributor shall engage in acts that have the purpose or effect of limiting competition for the provision of cable services or services similar to cable service in the county.

    K.    Cable Franchise Fees. Cable franchisees shall be subject to the cable franchise fees, payments, and costs provided in their cable franchise and herein. For purpose of cable franchise fees, “gross revenues” means all revenue derived directly or indirectly by the grantee, its affiliates, subsidiaries, parent, and/or any person in which the grantee has a financial interest, from providing cable television services within the county, including, but not limited to, basic subscriber service monthly fees, pay cable fees, installation and reconnection fees, leased channel fees, converter rentals, studio rental, production equipment, personnel fees, and advertising revenues; provided, however, that this shall not include any taxes on services furnished by the grantee which are imposed directly upon any subscriber or user by the state of Washington, local or other governmental unit and collected by the grantee on behalf of said governmental unit. (Res. 2335 (part))

12.24.060       Conditions of grant of restricted franchise, franchise or cable franchise.

    A.    General Duties.

    1.     All grantees, before commencing any construction in the rights-of-way, shall comply with all requirements of Lincoln County policy and manual regarding the accommodation of utilities and/or as directed by the county engineer.

    2.     All grantees shall provide, upon request, written confirmation sufficient for customary land survey and land title insurance purposes concerning the location of its facilities in rights-of-way and disclaiming any interest in rights-of-way where it has no franchise to construct or operate its facilities.

    B.     Interference with the Rights-of-Way. No grantee may locate or maintain its telecommunications facilities so as to unreasonably interfere with the use of the rights-of-way by the county, by the general public or other persons authorized to use or be present in or upon the rights-of-way. All such facilities shall be moved by and at the expense of the grantee, temporarily or permanently, as determined by the county.

    C.     Damage to Property. No grantee or any person acting on a grantee’s behalf shall take any action or permit any action to be done which may impair or damage any rights-of-way, including specifically county property, real or personal, or public ways or other property located in, on, or adjacent thereto except in accordance with, but not necessarily limited to, the requirements and standards enumerated in subsection L of this section.

    D.    Notice of Work. Unless otherwise provided in a restricted franchise agreement or franchise agreement, no grantee, or any person acting on the grantee’s behalf, shall commence any non-emergency work in or about rights-of-way unless work is conducted in accordance with Lincoln County policy and manual regarding the accommodation of utilities. Any private property owner whose property will be affected by a grantee’s work shall be afforded ten (10) days advance written notice of such work.

    E.     Repair and Emergency Work. In the event of an emergency or an emergency repair necessary to protect the public, restore service, or mitigate further damage to the system, a grantee may commence such repair and emergency response work as required under the circumstances, provided the grantee shall notify the county engineer or designee as promptly as possible, before such repair or emergency work or as soon thereafter as possible if advance notice is not practicable, in accordance with Lincoln County policy and manual regarding the accommodation of utilities.

    F.     Maintenance of Facilities. Each grantee shall maintain its facilities in a good and safe condition, and in a manner that complies with all applicable federal, state, and local requirements.

    G.     Relocation or Removal of Facilities. Within thirty (30) days, or such longer period as may be specified by the county engineer, following written notice from the county, a grantee shall, at its own expense, temporarily or permanently remove, relocate, change, or alter the position of any telecommunication facilities within the rights-of-way whenever the county engineer or designee shall have determined that such removal, relocation, change, or alteration is reasonably necessary for:

    1.     The construction, repair, maintenance, or installation of any county or other public improvement in or upon the rights-of-way;

    2.     The operations of the county or other governmental entity in or upon the rights-of-way;

    3.     The vacation of a county road, right-of-way, or the release of a utility easement.

    H.    Removal of Unauthorized Facilities. Within thirty (30) days following written notice from the county engineer or designee, any grantee, telecommunications carrier, or other person that owns, controls, or maintains any unauthorized telecommunications system, facility, or related appurtenances within the rights-of-way shall, at its own expense, remove such facilities or appurtenances from the rights-of-way. If such grantee fails to remove such facilities or appurtenances, the county may cause the removal and charge the grantee for the costs incurred. A telecommunications system or facility is unauthorized and subject to removal in the following circumstances:

    1.     Upon expiration or termination of the grantee’s franchise;

    2.     Upon abandonment of a facility within the rights-of-way;

    3.     If the system or facility was constructed or installed without the prior grant of a franchise;

    4.     If the system or facility was constructed or installed without the prior issuance of a required utility right-of-way permit;

    5.     If the system or facility was constructed or installed at a location not permitted by the grantee’s franchise;

    6.     Any such other reasonable circumstances deemed necessary by the county engineer or designee.

    I.      Failure to Relocate. If a grantee is required to relocate, change or alter the telecommunications facilities constructed, operated and/or maintained hereunder and fails to do so, the county may cause such to occur and charge the grantee for the costs incurred.

    J.      Emergency Removal or Relocation of Facilities. The county retains the right and to cut or move any telecommunications facilities located within the rights-of-way as the county may determine to be necessary, appropriate or useful in response to any public health or safety emergency.

    K.    Damage to Grantee’s Facilities. Unless directly and proximately caused by the willful, intentional, or malicious acts of the county, the county shall not be liable for any damage to or loss of any telecommunications facility within rights-of-way as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work of any kind in the rights-of-way by or on behalf of the county.

    L.     Restoration of Rights-of-Way or Other Property. Restoration shall comply with requirements as outlined and enumerated in Lincoln County policy and manual regarding accommodation of utilities, and/or as directed by the county engineer, and additionally:

    1.     When a grantee, or any person acting on its behalf, does any work in or affecting any rights-of-way, or any other property, it shall, at its own expense, promptly remove any obstructions therefrom and restore such ways or property to the same condition which existed before the work was undertaken.

    2.     If weather or other conditions do not permit the complete restoration required hereunder, the grantee shall temporarily restore the affected rights-of-way or other property. Such temporary restoration shall be at the grantee’s sole expense and the grantee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration.

    3.     A grantee or other person acting on its behalf shall use suitable barricades, flags, flagmen, lights, flares and other measures as required for the safety of all members of the general public and to prevent injury or damage to any person, vehicle or property by reason of such work in or affecting rights-of-way or any other property.

    M.    Facilities Maps. Each grantee shall provide the county with an accurate as-built map or maps certifying the location of all telecommunications facilities within the county rights-of-way. Each grantee shall provide updates to their as-built maps annually.

    N.    Duty to Provide Information. Within ten (10) days of a written request from the county engineer or designee, each grantee shall furnish the county engineer or designee with information sufficient to demonstrate:

    1.     That grantee has complied with all requirements of this policy.

    2.     That all fees due the county in connection with the telecommunications services and facilities provided by the grantee have been properly collected and paid by the grantee.

    3.     That all books, records, maps, and other documents maintained by the grantee with respect to its facilities within rights-of-way shall be made available for inspection by the county engineer or designee at reasonable times and intervals.

    O.    Leased Capacity. Subject to the provisions of subsection V of this section, a grantee shall have the right to offer or provide capacity or bandwidth to another telecommunications provider, provided that the proposed lessee or person complies with all of the requirements of this policy and furnishes reasonable information upon request to ensure compliance with this policy.

    P.     Grantee Insurance. Unless otherwise provided, each grantee shall, as a condition of the grant, secure and maintain the following liability insurance policies insuring both the grantee and the county, and its elected and appointed officers, officials, agents, representatives and employees as additional insureds:

    1.     Comprehensive general liability insurance with limits not less than:

    a.     Two million dollars ($2,000,000.00) for bodily injury or death to each person;

    b.     Two million dollars ($2,000,000.00) for property damage resulting from any one accident; and

    c.     Two million dollars ($2,000,000.00) for all other types of liability.

    2.     Automobile liability for owned, non-owned, and hired vehicles with a limit of one million dollars ($1,000,000.00) for each person and three million dollars ($3,000,000.00) for each accident.

    3.     Worker’s compensation within statutory limits and employer’s liability insurance with limits of not less than one million dollars ($1,000,000.00).

    4.     Comprehensive form premises-operations, explosions and collapse hazard, underground hazard and products completed operation hazard policies with limits of not less than two million dollars ($2,000,000.00).

    5.     The liability insurance policies required by this section shall be maintained at all times by the grantee. Each such insurance policy shall contain the following endorsement:

“It is hereby understood and agreed that this policy may not be canceled nor the intention not to renew be stated until 90 days after receipt by the County, by registered mail, of a written notice addressed to the County Engineer of such intent to cancel or not to renew.”

    6.     Within sixty (60) days after receipt by the county of said notice, and in no event later than thirty (30) days prior to said cancellation, the grantee shall obtain and furnish to the county replacement insurance policies meeting the requirements of this policy.

    7.     If grantee can show to the county engineers satisfaction that an entity is financially able to self-insure the exposures, a substitution for insurance will be considered.

    Q.    General Indemnification. In addition to and distinct from the insurance requirements of this policy, each grantee agrees to defend, indemnify, and hold the county and its officers, officials, employees, agents and representatives harmless from and against any and all damages, losses, and expenses, including reasonable attorneys’ fees and costs of suit or defense, arising out of, resulting from, or alleged to arise out of or result from the acts, omissions, failure to act, or misconduct of the grantee or its affiliates, officers, employees, agents, contractors or subcontractors in the construction, operation, maintenance, repair, or removal of its telecommunications facilities, and in providing or offering telecommunications services over the facilities or network, whether such acts or omissions are authorized, allowed, or prohibited by this policy or by a grant agreement made or entered into pursuant to this policy.

    R.     Performance and Construction Surety. Before a franchise granted pursuant to this policy is effective, and as necessary thereafter, the grantee shall provide and deposit such monies, bonds, letters of credit, or other instruments in form and substance acceptable to the county as may be required by this policy, or by an applicable franchise or other applicable code, ordinance, or rules and regulations of the county.

    S.     Restoration Bond. Unless otherwise provided in a franchise, a restoration bond written by a surety acceptable to the county equal to at least one hundred (100) percent of the estimated cost of restoration as required as a result of constructing the grantee’s, telecommunications facilities within rights-of-way, shall be deposited before construction is commenced. An applicant’s status as a “Utility in Good Standing” pursuant to Lincoln County policy and manual regarding the accommodation of utilities may be considered in setting, or reducing below one hundred (100) percent of the estimated cost of restoration, the appropriate restoration bond amount.

    1.     The restoration bond shall remain in force until sixty (60) days after substantial completion of the work, as determined by the county engineer or designee, including restoration of all rights-of-way and other property affected by the construction.

    2.     The restoration bond shall guarantee, to the satisfaction of the county:

    a.     Timely completion of restoration;

    b.     Restoration in compliance with applicable plans, permits, technical codes, and standards;

    c.     Proper restoration of the facilities as specified by the county; and

    d.     Restoration of the rights-of-way and any other property affected by the construction.

    T.     Coordination of Construction Activities. All grantees are required to cooperate with the county and with each other. Therefore, coordination of all work shall be in accordance with the project coordination provisions contained in Lincoln County policy and manual regarding the accommodation of utilities.

    U.    Assignments or Transfers of Grant. Ownership or control of a telecommunications system or franchise or any part of transmission capacity may not directly or indirectly be transferred, assigned, or disposed of by sale, lease, merger, consolidation, or other act of the grantee, by operation of law or otherwise, nor may there be a transfer of working control (which includes not only actual control, but also the ability to affect or influence decisions) without the prior written consent of the county, which consent shall not be unreasonably withheld or delayed, as expressed by ordinance and then on such conditions as may be prescribed therein and:

    1.     No grant shall be assigned or transferred in any manner within twelve (12) months after the initial grant of the franchise, unless otherwise provided by law.

    2.     Absent extraordinary and unforeseeable circumstances, no grant, system or integral part of a system, shall be assigned or transferred before construction of the telecommunications system has been completed, unless otherwise provided by law.

    3.     The grantee and the proposed assignee or transferee of the grant or system shall provide and certify the following information to the county engineer or designee.

    a.     Information setting forth the nature, terms, and conditions of the proposed transfer or assignment;

    b.     All information required of a franchise applicant pursuant to this policy with respect to the proposed transferee or assignee;

    c.     All information required by federal, state and local law or regulation. [For example, Federal Communication Commission Form 394];

    d.     Any other information reasonably required by the county engineer or designee. If the county requests a copy of the deed, agreement, or other written instrument from the grantee evidencing such sale, merger, consolidation, or other instrument evidencing transfer of actual or working control, such document may be redacted to delete monetary compensation terms. However, this provision does not limit or waive the county’s authority to require disclosure of monetary compensation terms or other financial information from the transferee or assignee prior to county consent in order to evaluate its financial condition and ability to meet its compliance obligations under this policy and any franchise agreement.

    4.     No transfer shall be approved unless the assignee or transferee has the legal, technical, financial, and other qualifications in county’s reasonable discretion to own, hold, and operate the telecommunications system pursuant to this policy.

    5.     The grantee shall reimburse the county for all direct and indirect fees, costs, and expenses incurred by the county in considering a request to transfer ownership in or assign a franchise.

    6.     Any transfer of ownership in or assignment of a franchise, system, or integral part of a system without prior approval of the county under this policy shall be void and is cause for revocation of the grant.

    7.     Upon receipt of information required herein, and any other information required by the county, the county shall have one hundred and twenty (120) days to review and approve or deny the requested assignment or transfer, unless such period is extended by agreement of the county and grantee.

    V.    Transactions Affecting Control of Grant. Unless otherwise provided in the franchise, any transaction which results in any change of the ownership or in any manner the working control of the grantee, of the ownership, or working control of a franchise, of the ownership or working control of affiliated entities having ownership or working control of the grantee or of a telecommunications system, or of control of the capacity, or bandwidth, or any part of the transmission capacity of the grantee’s telecommunications system, facilities or any parts thereof, all defined as five percent or more ownership or control, shall be considered an assignment or transfer requiring county approval hereunder. Transactions between wholly owned subsidiaries or affiliated entities are exempt from county approval.

    W.    Revocation or Termination of Grant. A franchise granted by the county to use or occupy rights-of-way may be revoked for any one or more of the following reasons:

    1.     Construction or operation at an unauthorized location;

    2.     Unauthorized transfer of control of the grantee;

    3.     Unauthorized assignment of a franchise;

    4.     Unauthorized sale, assignment, or transfer of the grantee’s franchise assets or an interest therein;

    5.     Misrepresentation or lack of candor by or on behalf of a grantee in any application to the county;

    6.     Abandonment of telecommunications facilities in the rights-of-way;

    7.     Failure to relocate or remove facilities as required in this policy;

    8.     Failure to pay taxes, compensation, fees, or costs when and as due the county;

    9.     Insolvency or bankruptcy of the grantee;

    10.    Violation of a material provision of this policy;

    11.    Violation of a material term of a franchise.

    X.     Notice and Duty to Cure. In the event that the county engineer or designee believes that grounds exist for revocation of a franchise, the grantee shall be given written notice of the apparent violation or noncompliance, be provided a short and concise statement of the nature and general facts of the violation or noncompliance, and be given a reasonable period of time not exceeding thirty (30) days to furnish evidence:

    1.     That corrective action has been, or is being actively and expeditiously pursued, to remedy the violation or noncompliance;

    2.     That rebuts the alleged violation or noncompliance;

    3.     That it would be in the public interest to impose some monetary damages, penalty, or sanction less than revocation.

    Y.    Hearing. In the event that a grantee fails to provide evidence reasonably satisfactory to the county engineer or designee as provided hereunder, the county engineer or designee shall refer the apparent violation or noncompliance to the board of county commissioners. The board of county commissioners shall provide the grantee with notice and a reasonable opportunity to be heard concerning the matter.

    Z.     Standards for Revocation or Lesser Sanctions. If persuaded that the grantee has violated or failed to comply with a material provision of this policy or of a franchise or applicable codes, ordinances, statutes, rules, or regulations, the board of county commissioners shall determine whether to revoke the franchise, and issue a written decision relating thereto, or establish some monetary damages, penalty, lesser sanction and cure, considering the nature, circumstances, extent, and gravity of the violation as reflected by one or more of the following factors:

    1.     Whether the misconduct was egregious;

    2.     Whether substantial harm resulted;

    3.     Whether the violation was intentional;

    4.     Whether there is a history of prior violations of the same or other requirements;

    5.     Whether there is a history of overall compliance;

    6.     Whether the violation was voluntarily disclosed, admitted, or cured. (Res. 2335 (part))

12.24.070       Construction.

    A.    Construction Standards. No person shall commence or continue with the construction, installation, operation, or maintenance of telecommunications facilities within the county except as provided in Lincoln County policy and manual regarding the accommodation of utilities, and/or as directed by the county engineer.

    B.     Construction Codes. Telecommunications facilities shall be constructed, installed, operated, and maintained in accordance with all applicable federal, state, and local codes, rules and regulations including, but not limited to, the National Electrical Safety Code.

    C.     Utility Right-of-Way Permits. No person shall construct or install any telecommunications facilities within the county without first obtaining a utility right-of-way permit therefore; provided, however:

    1.     No permit shall be issued for the construction or installation of telecommunications facilities within the county unless the telecommunications carrier has filed a registration statement with the county pursuant to this policy.

    2.     No permit shall be issued for the construction or installation of telecommunications facilities in rights-of-way unless the telecommunications carrier has applied for and received a franchise pursuant to this policy.

    3.     No permit shall be issued for the construction or installation of telecommunications facilities without payment of all fees pursuant to this policy.

    D.    Applications. Applications for permits to construct telecommunications facilities shall be submitted in accordance with Lincoln County policy and manual regarding the accommodation of utilities. The applicant shall pay all associated fees and shall include any additional information necessary to process the permit as requested by the county engineer or designee. The application shall be accompanied by drawings, plans, and specifications in sufficient detail to demonstrate:

    1.     That the facilities will be constructed in accordance with all applicable codes, rules and regulations;

    2.     The location and route of all facilities to be installed on existing utility poles;

    3.     The location and route of all facilities to be located under the surface of the ground, including the line and grade proposed for the burial at all points along the route which are within the rights-of-way;

    4.     The location of all other facilities to be constructed within the county, but not within rights-of-way;

    5.     The construction methods to be employed for protection of existing structures, fixtures and facilities within or adjacent to rights-of-way.

    E.     Construction Surety. Prior to issuance of a utility right-of-way permit, the permittee shall provide a restoration bond, as provided in Section 12.24.060(T).

    F.     Location of Facilities. Unless otherwise specified in a franchise, restricted franchise, or cable franchise, all facilities shall be constructed, installed and located in accordance with the following terms and conditions:

    1.     Telecommunications facilities shall be installed within an existing county-owned underground duct or conduit whenever excess capacity exists. Otherwise, installation of telecommunication facilities shall be done using methods consistent with the standards, codes, and regulations applicable to the type of telecommunications facilities being installed and Lincoln County policy and manual regarding the accommodation of utilities.

    2.     A franchisee with written authorization to install overhead facilities shall install its telecommunications facilities on pole attachments to existing utility poles only, and then only if surplus space is available. Installation of new poles may be approved by the county engineer on a case-by-case basis.

    3.     Whenever all existing telephone, electric utilities, cable facilities, and telecommunications facilities are located underground within rights-of-way a restricted franchisee with written authorization to occupy the same rights-of-way must also locate its telecommunications facilities underground.

    4.     Whenever all new or existing telephone, electric utilities, cable facilities, and telecommunications facilities are located or relocated underground within rights-of-way, a franchisee that currently occupies the same rights-of-way shall concurrently relocate its facilities underground at its expense.

    G.     Conduit Occupancy. In furtherance of the public purpose of reduction of right-of-way excavation, it is the goal of the county to encourage both the shared occupancy of underground conduit as well as the construction, whenever possible, of excess conduit capacity for occupancy of future right-of-way occupants. Therefore, if a franchisee is constructing underground conduit for its own telecommunications facility, and the county reasonably determines such construction is in an area in which another telecommunications provider(s) may also construct telecommunications facilities in the future, the county may require the franchisee to construct excess conduit capacity in the right-of-way, provided the expense of such excess capacity shall be borne by the county (calculated as the difference between what franchisee would have paid for the construction of its conduit and the additional cost only of the excess conduit).

    H.    Franchisee Occupancy of County Owned Conduit. If the county owns conduit in the path of franchisee’s proposed telecommunications facilities, and provided it is technologically feasible for franchisee to occupy the conduit owned by county, franchisee shall be required to occupy the conduit owned by the county in order to reduce the necessity to excavate the right-of-way. Franchisee shall pay to the county a fee for such occupancy which shall be the cost franchisee would have expended to construct its own conduit from the outset, as certified by the franchisee’s engineer and approved by the county engineer. The county and the franchisee may agree to amortize the fee through annual payments to the county over the term of the franchise, including the time value of money. (Res. 2335 (part))

12.24.080       Fees.

    A.    Registration Fee. Each registration as a telecommunications carrier or provider shall be accompanied by a fee of two hundred fifty dollars ($250.00) or other amount lesser Lincoln County determines is required to cover actual costs.

    B.     Application and Review Fee. Any applicant for a franchise pursuant to this policy shall pay an application review and processing fee pursuant to Lincoln County policy and manual regarding the accommodation of utilities, and/or as established by resolution by the board of county commissioners. This fee covers the costs incurred by Lincoln County highways division of the public works department in reviewing and processing a franchise application.

    C.     Other County Costs. All grantees shall, within thirty (30) days after written demand therefor, reimburse the county for all direct and indirect costs and expenses incurred by the county in connection with any grant, modification, amendment, renewal or transfer of any franchise.

    D.    Reserved Compensation for Use of Rights-of-Way. The county reserves its right to fix a fair and reasonable compensation to be paid for the authorization granted to a grantee. Nothing in this policy shall prohibit the county and a grantee from agreeing to said compensation.

    E.     Compensation for County Property. If the right is granted by lease, franchise, or other manner, to use and occupy county property for the installation or use of telecommunications facilities, the compensation to be paid shall be fixed solely by the county.

    F.     Utility Right-of-Way Permit Fee. Prior to issuance of a utility right-of-way permit, the permittee shall pay a permit fee in accordance with Lincoln County policy and manual on the accommodation of utilities, and/or as established by resolution by the board of county commissioners.

    G.     Regulatory Fees and Compensation Not a Tax. The regulatory fees and costs provided for in this policy, and any compensation charged and paid for use of rights-of-way provided for herein, are to the extent provided by law, separate from, and additional to, any and all federal, state, local, and county taxes as may be levied, imposed, or due from a telecommunications carrier or provider, its customers or subscribers, or on account of the lease, sale, delivery, or transmission of telecommunications services. (Res. 2335 (part))

12.24.090       Miscellaneous.

    A.    Context. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number.

    This policy shall be in full force and effect from and after its passage, approval and publication in form as provided by law. (Res. 2335 (part))