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Council hears three fiber franchise presentations; staff explains limits on denials and 'no‑cut' rule
Summary
City staff reviewed three franchise applications (HyperFiber, Ziply/ZipLink, NFC Northwest), explained the city's franchise process, federal/state limits on denying access to telecommunications providers, a five‑year 'no‑cut' repaving policy, and permit/inspection gates; franchise representatives answered questions about build-out timing, pole use and trenches; council took no final franchise votes this meeting.
Covington planning staff provided an overview of standard, 10‑year telecommunications franchise agreements voluntarily adopted for right-of-way management and oversight. Selena told the council the franchise is not a land-use or construction permit but a contract that governs use of public right-of-way, permits, construction standards and restoration obligations.
Why it matters: Under federal law and Washington RCWs, staff said cities cannot impose regulations that have the effect of prohibiting telecommunications services, so denials must be legally and factually defensible. The franchise framework preserves the city's authority to regulate construction methods, restoration, safety coordination and peddling/solicitation in the right-of-way.
Key details and council questions: Staff described a five-year no-cut rule that prevents pavement cutting on newly paved streets unless the franchisee agrees to grind and overlay the full intersection-to-intersection width (effectively repaving the road); alternatives include trenchless boring or waiting the five years. Council members asked whether the city can limit the number of franchisees or require construction timing coordination; staff and legal counsel said no — the city cannot cap franchisee numbers or require staggered build-out schedules, though the city can encourage coordination and share permit timing information.
Company representatives: Mitzi (HyperFiber), Brett Galy (Ziply/Ziply Fiber representative) and an NFC representative explained their planned approaches: use poles where available, go underground where needed, and pursue permit-by-permit route decisions. Several franchisees said build-out schedules commonly range 9–12 months once permits are ready; staff noted that approval of a franchise does not guarantee construction.
Outcome: The council did not take final franchise adoption votes tonight; staff said the three franchise applications will return in future consent or public-reading items for formal action. Council expressed strong interest in coordination among providers and asked staff to preserve ways to reduce repeated street impacts when multiple utilities work in the same corridors.
