Lacey City Council approves telecommunications franchise for Lightcurve network 

Residents and businesses in Lacey will have another option for high-speed internet service in the years ahead. 

The Lacey City Council unanimously approved a five-year telecommunications franchise agreement with Mashell Telecom Inc., which is doing business as Lightcurve. 

The agreement, adopted at the council's meeting on Tuesday, July 7, authorizes the company to install fiber optic infrastructure in city right-of-ways. 

Council members adopted Resolution 1182 (the franchise agreement) after a presentation from staff. The proposal previously came before the council during a work session on June 9. 

Lightcurve filed its application on March 27. In the filing, the company outlines plans to install fiber, aerial strand, down guys, pedestals, handholes, vaults and electronic equipment cabinets throughout the city. 

The company said it plans to offer commercial Layer 3 circuits to small and midsize businesses in addition to residential high-speed internet service. Lightcurve submitted the city's required $3,000 franchise application fee with its filing. 

A staff report states the franchise gives the public added data service options in residential, business and wholesale categories, one of the factors weighed when evaluating franchise applications. 

The application satisfies requirements under Lacey Municipal Code Chapter 5.60, the ordinance that sets rules for how telecommunications companies gain access to public right-of-way. The code requires that access be granted on a fair and equitable basis, and gives cities 120 days to issue a decision once an application is complete. 

Staff told council members the city is required to approve a franchise if an applicant complies with applicable codes, permit requirements and right-of-way regulations.

A denial is permitted only if specific requirements are not met, and even in that case staff is expected to work with the applicant to resolve deficiencies rather than reject the application outright. 

The agreement also requires Lightcurve to maintain at least $2 million in liability insurance throughout the franchise term and obtain a performance bond before construction begins. The bond must remain in effect for one year after the city’s public works director accepts the completed work. 

Lightcurve has an existing pole attachment agreement with Puget Sound Energy, though the arrangement doesn't extend to city-owned poles or traffic signals, the staff report states.

The company told staff only a small portion of its network will need new underground work, largely to support fiber cabinets and customer connection points. 

Although the federal Internet Tax Freedom Act prohibits taxes on internet access, Lightcurve remains responsible for the standard business fees imposed by the city.