Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Franchise Fees topic
No spam. Unsubscribe anytime.
County official: state law limits franchise fees to telecom (cable) services; county collects Comcast cable fee
Summary
Cowlitz County's building and public-works staff told commissioners that, under state law as they interpret it, only telecommunications/cable franchise fees may be collected regularly as franchise fees and that other franchise-like charges for use of rights-of-way are not currently captured as ongoing rent revenue.
Cowlitz County staff told the Board of Commissioners Monday that the county's recurring franchise-fee line of revenue consists primarily of Comcast cable franchise payments and that state law constrains which franchise fees counties may collect.
"Annual franchise fees, the only ones we can collect from is telecoms," County Engineer Susan Eugenus said in response to commissioner questions. She described limits on what the county can collect outside of cable franchise fees, noting that fees tied to franchise renewals typically cover advertising and the county's attorney costs rather than an ongoing rent for use of county easements.
Eugenus said the county had reviewed a recent court decision involving King County and a special-purpose district; the ruling altered which franchise-related fees could be awarded in that case. "There is a more recent court case, that Doug has discussed with us that King County brought against a special per purpose district, where they were awarded particular franchise fees," she said, adding the county's current practice only collects telecom franchise fees and limited renewal-related recoverable costs.
Commissioners asked whether the Comcast franchise fee was the only recurring item captured in the licenses and permits line; staff confirmed Comcast was the only current recurring franchise payer in the county's accounts. The discussion also included an offer to schedule a focused Wednesday workshop to review franchise policy, current franchise agreements, and potential changes.
The county did not propose immediate changes to franchise policy at Monday's meeting; staff offered to return with a more detailed franchise discussion and a list of existing franchise agreements.
