12.02.100 State law provisions.
A. This section recites certain restrictions on municipal authority from Chapter 35.99 Revised Code of Washington, as amended from time to time. For complete text, the reader is referred to Chapter 35.99 RCW, which provides, inter alia, restrictions (which do not apply to preexisting franchises or permits) that the city may not adopt or enforce regulations specifically relating to the use of the right-of-way which:
1. Impose requirements that regulate the services or business operations of the service provider, except where otherwise authorized in state or federal law;
2. Conflict with federal or state laws, rules, or regulations that specifically apply to the design, construction, and operation of facilities or with federal or state worker safety or public safety laws, rules, or regulations;
3. Regulate the services provided based upon the content or kind of signals that are carried or are capable of being carried over the facilities, except where otherwise authorized in state or federal law; or
4. Unreasonably deny the use of the of right-of-way by a service provider for installing maintaining, repairing, or removing facilities for telecommunications services or cable television services.
B. In addition, RCW 35.99.040(2), as amended from time to time, preserves certain areas of municipal authority. Consistent therewith, nothing in this chapter limits the authority of the city or its officials to regulate the placement of facilities through its local zoning or police power, if the regulations do not otherwise:
1. Prohibit the placement of all wireless or of all wireline facilities within the city;
2. Prohibit the placement of all wireless or of all wireline facilities within city rights of way; or
3. Violate Section 253 of the Telecommunications Act of 1996, P.L. 104-104 (110 Stat. 56).
C. This section does not amend, limit, repeal, or otherwise modify the authority of the city to regulate cable television services pursuant to federal law.