UTL-1.02 - Franchise Application Procedure

Binding City Policies (BCP)
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Binding City Policy

WHEREAS, the City is currently receiving many requests for potential franchise agreements and expects the number of such requests to increase in the future;
WHEREAS, the negotiation and development of new and renewed franchise agreements create costs for the City, including but not limited to staff, legal, technical, and financial review of applicant qualifications and project scope; and
WHEREAS, it is desirable to establish a consistent application procedure for City consideration of franchise grants to potential applicants;

NOW, THEREFORE, BE IT RESOLVED, that the City Council authorizes the Office of Cable Communications and Franchise Management to establish and administer a franchise application procedure, including a deposit for reimbursement of costs, similar in form to the procedure attached hereto as Exhibit A; and
BE IT FURTHER RESOLVED that the Commissioner in charge of the Office of Cable Communications and Franchise Management is authorized to establish a trust account for receipt of and accounting for franchise applicant funds deposited with the City pursuant to the franchise application procedure authorized herein; and
BE IT FURTHER RESOLVED that the Office of Cable Communications and Franchise Management with the approval of the Commissioner in charge is authorized to waive or modify the payment of a deposit, if warranted by the nature of the franchise requested, the nature of the applicant, or any other circumstance where a waiver or modification would be in the public interest; and
BE IT FURTHER RESOLVED that it is the intention of the Council that the franchise application process authorized herein be applied as necessary to all potential applicants for new or renewed franchise agreements with the City of Portland, and to all applicants for City approval of the transfer of ownership of an existing franchise agreement with the City of Portland.

Resolution No. 34592
Adopted by Council July 12, 1989

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