This isn't just about bad service. It's about broken contracts, violated agreements, and ignored laws.
Here's the legal foundation that proves Kitsap County must act — and why they can't hide behind excuses anymore.
Bremerton pays $3.4M for government fiber [1] while residents suffer 45% packet loss [2]. Both franchises expired (Comcast May 2023 [3], Wave January 2023 [4]). 20+ months of illegal operation.
The County's own page lists Comcast's franchise as expiring May 2021, with a one-year amendment to May 13, 2023. County page • KC-010-11-C Amendment
RCW 54.16.330 (as amended by 2021 law) authorizes PUDs to offer retail telecommunications services. RCW 54.16.330 • HB 1336
The record shows specific, enforceable duties — and clear end dates — in Kitsap’s cable franchises.
Status: EXPIRED May 13, 2023
Wave Also Expired: January 10, 2023
Impact: BOTH cable providers operating illegally for 20+ months
Requirement: Franchise incorporates FCC customer-service rules and notice standards (47 C.F.R. §76.309; §§76.1602–76.1604) and requires annual complaint summaries to the County.
Reality: Recurring outages/latency documented; deficient responsiveness violates incorporated standards and reporting duties.
Historic Baseline: County ordinance required significant upgrades, including fiber integration, within 24 months of the 1994 grant.
Today: Legacy coax plant and performance gaps persist in many areas.
Requirement: Maintain complaint logs and provide an annual executive summary to the County within 90 days of year-end.
Risk: Failure to keep/produce complaint records undermines compliance oversight.
Historic Requirement: Serve the entire franchise area and complete wiring within 24 months (1994 ordinance).
Reality: Multiple underserved zones remain in unincorporated Kitsap.
Cable Fee Rule: Franchise fees on cable TV are capped at 5% of gross revenues (federal law) and require a valid franchise.
WA Limits: Cities/counties cannot impose other ROW “fees” beyond narrow, cost-tied categories.
Comcast Business Support Forum — May 2022
Customer reports of systemic packet loss through Comcast’s Seattle iBone router (be-2312-cs03). Comcast dismissed the issue with generic troubleshooting advice, despite clear technical proof of a backbone fault.
Kitsap County controls public rights-of-way and has both constitutional authority and contractual tools to protect residents.
Counties “may make and enforce… local… regulations” not in conflict with general laws — including ROW oversight and franchise enforcement.
Kitsap’s Comcast franchise includes remedies up to termination for material, recurring violations.
ROW use is a public asset. County standards and franchises govern occupancy and require compensation and compliance.
Unfair or deceptive practices are unlawful; the County can coordinate with the AG and support private actions.
If the County won’t act, residents and the State have options.
Grounds: Unfair/deceptive acts; failure to meet obligations incorporated in the franchise.
Relief: Actual damages + up to treble damages; fees.
Legal Basis: Full RCW 19.86 • $9.1M Precedent • $6.1M CenturyLink
Purpose: Compel County to perform a clear legal duty under the franchise/ROW laws.
Legal Basis: Chapter 7.16 RCW • King County Case
Authority: AG may sue to restrain prohibited acts; courts can suspend/forfeit a corporate franchise for certain violations.
Legal Basis: RCW 19.86
Proposal: Public directive supporting KPUD retail build-out and County facilitation (ballot language to be developed under applicable election laws).
Context: Aligns with WA’s “Internet for All” plan and BEAD funding strategy.
A: They can litigate, but Washington law expressly allows PUD retail service. Courts and the AG routinely uphold consumer-protection enforcement and local authority to regulate ROW and franchises.
A: The County has authority: franchise enforcement clauses, ROW control, and coordination with the AG. The issue is will, not legal power.
A: No. Cable use of county ROW requires valid franchise. Comcast expired May 2023 [1], Wave expired January 2023 [2]. Both operating illegally.
A: Where there’s a clear duty, mandamus can compel performance. Consumers also have private CPA remedies against unfair/deceptive practices.
A: Collecting fees without valid franchise may constitute illegal tax. See Okeson v. Seattle and Burns v. Seattle precedents requiring refunds.
A: AG actions can move quickly to stop unlawful practices; private CPA suits and writs proceed on court timelines. Meanwhile, KPUD’s retail authority is already established by statute.
Every day since May 2023 (Comcast) and January 2023 (Wave) is another day of unauthorized ROW use. $12M+ in public investment stranded. 45% packet loss documented.
This page provides information about legal issues but does not constitute legal advice. Consult an attorney for specific guidance.