5.60.080 Determination by the city.
Within one hundred twenty days after receiving a complete franchise agreement application hereunder, the city engineer, or other department as the city manager may designate, shall make a recommendation to city council on whether to deny or grant the application in whole or in part. A recommendation to deny an application may be based on the criteria contained in LMC 16.68.050 for all small cell facilities proposed for location in the public rights-of-way. The following criteria shall apply when determining whether to grant or deny the application:
A. The applicant must have legal ability to provide the service or use proposed for franchise authorization.
B. The capacity of the rights-of-way to accommodate additional utility and telecommunications facilities if the application is granted.
C. The applicant must have current registration issued by the FCC and WUTC.
D. The applicant must demonstrate the willingness and ability to mitigate and/or repair damage or disruption, if any, to public or private facilities, improvements, services, travel or landscaping if the application is granted.
E. 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 or repair same.
F. The availability of alternate locations for the proposed facilities.
G. The grant to use the rights of way will serve the community interest.
H. Applicable federal, state and local laws, regulations, rules and policies will be met. (Ord. 1546 §4, 2019; Ord. 1114 §1, 1999).