5.38.300 Additional ducts or conduits.
Any person constructing underground ducts or conduits pursuant to this chapter must, upon request, provide the city with additional ducts for its use. Such additional ducts or conduits must be of a size and configuration specified by the city and be dedicated to the city. The city has the right to use the ducts and conduits for any purpose, including but not limited to leasing them to other entities, subject to the following provisions:
A. The city must enter into a contract with the service provider consistent with RCW 80.36.150, and the incremental costs of adding the ducts and conduits under this section will be borne by the city. If the city makes the additional duct or conduit and related access structures available to any other entity for the purposes of providing wireless services 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, must recover at least the fully allocated costs of the service provider. The service provider must state both contract rates in the contract.
B. Except as otherwise agreed by the city and the service provider, the city agrees that the requested additional duct or conduit space and related access structures will not be used by the city to provide wireless service for hire, sale, or resale to the general public.
C. The city will 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 will not be considered a public works construction contract.
E. This section does not apply to the provision of an institutional network by a cable television provider under federal law. (Ord. 3039 § 2, 2019)