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CITY OF ANACORTES <br /> ORDINANCE NO. 3039 <br /> AN ORDINANCE OF THE CITY OF ANACORTES,WASHINGTON,ADOPTING A <br /> NEW CHAPTER OF CODE, 5.38, ENTITLED "PUBLIC UTILITY AND WIRELESS <br /> TELECOMMUNICATIONS RIGHT-OF-WAY USE" RELATING TO THE <br /> REGULATION OF WIRELESS TELECOMMUNICATION FACILITIES AND PUBLIC <br /> UTILITIES LOCATING IN THE PUBLIC RIGHT-OF-WAY <br /> THE CITY COUNCIL OF THE CITY OF ANACORTES,WASHINGTON, DOES <br /> ORDAIN AS FOLLOWS: <br /> Section 1. Preamble. <br /> 1. WHEREAS,under state law, the City may require a master permit for <br /> telecommunications service providers RCW 35.99.030(1) ("Cities and towns may require <br /> a service provider to obtain a master permit."); RCW 35.99.010(6) (defining service <br /> provider as "every corporation, company, association,joint stock association, firm, <br /> partnership,person, city, or town owning, operating, or managing any facilities used to <br /> provide and providing telecommunications or cable television service for hire, sale, or <br /> resale to the general public."); RCW 35.99.010(3) (defining master permit as including <br /> franchises). <br /> 2. WHEREAS, The City code does not currently provide for permitting telecommunications <br /> service providers in the right-of-way other than cable communications systems, Chapter <br /> 5.44 RCW. <br /> 3. WHEREAS, the City code does not currently provide for a master permit to recover <br /> reasonable costs associated with small cell deployments in the right-of-way, to comply <br /> with shot clocks associated with such deployments, and to set other terms for such <br /> deployments under Federal Communications Commission Order No. FCC-18-133. <br /> 4. WHEREAS, RCW 35.99.030(5)(b) authorizes the City"to require that facilities are <br /> installed and maintained within the right-of-way in such a manner and at such points so <br /> as not to inconvenience the public use of the right-of-way or to adversely affect the <br /> public health, safety, and welfare." <br /> 5. WHEREAS, this Ordinance is adopted consistent with federal and state laws and the <br /> City's police power to regulate for the benefit of the public safety, health and welfare. <br /> 6. WHEREAS, the City has received proposed changes to the new code section from <br /> citizens and agencies (including the City); <br /> 7. WHEREAS, the proposed new code section has been the subject of public hearings <br /> before the Planning Commission and subject to SEPA review; <br /> 1 <br />