City right of way is not exclusive. It is a public right of way.
http://sterlingcodifiers.com/codebook/index.php?book_id=1002&chapter_id=89183#s999791 pretty much lays out who / what is subject to a fee.

You could convince the council that your service is a benefit " to the enhancement of the health, welfare, and general economic well being of the city and its citizens" and therefore your franchise fee should be zero!

You could also just apply for ROW permit for each section of your network and never get a franchise.

IANAL (please find a good telco one!)

ryan


On 8/14/15 11:31 AM, Brett A Mansfield wrote:
Me and another company have both requested access to the city ROW to run FTTx 
on the same day in the same city, and the response from the city was that they 
are trying to decide if they want to allow access to one or both of us or if 
they feel their current formally city funded company is enough.

My question to the group is, is it even up to them or is it up to the 
residents? And if I cannot get into the ROW, what alternatives do I have?

Thank you,
Brett A Mansfield
Silver Lake Internet, LLC


--
D. Ryan Spott | NGC457, llc
broadband | telco | colo | communities
PO Box 1734 Sultan, WA 98294
425-939-0047

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