West Linn staff rewrite right-of-way code; AT&T and Verizon raise legal, fee concerns

City staff presented a comprehensive rewrite of West Linn’s right-of-way code on April 21, proposing to move from a mix of long-standing franchise agreements to a standardized utility license and registration regimen that would clarify fees, audits, insurance and recordkeeping. Telecommunications companies attending the work session signaled they will submit written legal comments before the scheduled adoption hearing.

Stephanie Hastings, finance department staff, told council the rewrite responds to gaps that emerged after the city adopted a license-based approach in 2021. "We found that some protections that existed in franchise agreements were not carried over into the code when franchises were replaced by licenses," Hastings said. The proposed ordinance would add explicit language on utility provider registration, license terms, recordkeeping and auditing to protect revenue remittance, and would clarify construction, relocation, maintenance, insurance and indemnification requirements so staff can manage the right of way consistently across providers.

Staff also proposed a fee structure and related master-fee changes: the city would keep its existing gross-revenue percentage approach for usage fees but add a minimum fee for operators that use the right of…