AGO Opinion Topics: OPERATION COMMUNITY ANTENNA TELEVISION SYSTEM

(1) A telephone company granted a franchise under RCW 80.36.040 for telephone lines does not need a franchise from a city or county to operate a community antenna television system where such operations are to be carried out with facilities otherwise qualifying as telephone lines.  Where a telephone company does not hold a franchise under RCW 80.36.040, or proposes to use facilities not otherwise qualifying as telephone lines, cities or counties have the authority to require such company to obtain a municipal franchise as a condition precedent to its use of the public rights of way. (2) Ordinance No. 844 of the city of Snohomish allows the West Coast Telephone Company to operate a community antenna television system without further authority from said city if such operations are to be conducted over facilities otherwise qualifying as telephone lines. (3) The leasing of space on telephone poles of the telephone company to an affiliated interest is subject to the requirements of RCW 80.16.020. (4) The leasing of community antenna television cable by a telephone company to an affiliated interest is subject to the requirements of RCW 80.16.020.