UTL-1.04 - Competitive Cable Franchise Application Process

Binding City Policies (BCP)
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Binding City Policy

Section 1.  The Council finds:
1. The City of Portland has entered into an Intergovernmental Agreement (“IGA”) with Multnomah County and the cities of Gresham, Troutdale, Fairview, and Wood Village (“the Jurisdictions”) creating the Mt. Hood Cable Regulatory Commission (“MHCRC”).  The IGA created a unified commission to jointly regulate and administer cable communications franchising on behalf of the Jurisdictions.
2. On December 20, 2006, the Federal Communications Commission (“FCC”) issued a notice that it would be adopting a new administrative rule relating to the issuance of competitive cable franchises by local governments.  On March 5, 2007, the FCC issued the text of the new administrative rule, together with over 100 pages of commentary set forth in a Report and Order and Further Notice of Proposed Rulemaking.  Among other things, the new administrative rule imposes new procedures upon local governments for the issuance of competitive cable franchises for areas currently served by an existing cable operator (the “Competitive Franchise Application Rule” or “CFAR”).  On March 20, 2007, the FCC published the new administrative rule in the Federal Register.  By terms of federal law, the FCC’s new administrative rule goes into effect thirty days after that publication.
3. On April 2, 2007, the MHCRC adopted a resolution establishing a competitive franchise application form and process (“CFAR Local Rule”), MHCRC Resolution No. 2007-02.  The intent of the new form and procedures is to comply with the FCC’s new administrative rule.  The MHCRC has recommended to the Jurisdictions that each of them should adopt the CFAR Local Rule.
4. To ensure compliance with the new FCC rule, the City Council should adopt the MHCRC’s proposed competitive cable franchise application review process.

NOW, THEREFORE, the Council directs:
a. The City Council adopts the CFAR Local Rule, attached hereto as Exhibit A , as proposed by the Mt. Hood Cable Regulatory Commission.
b. The CFAR Local Rule shall be binding City Policy, and shall be included within the Portland Policy Documents repository as provided in Portland City Code Chapter 1.07.
Section 2. The Council declares an emergency exists because the new federal mandate regarding the issuance of competitive cable franchises will take effect on April 20, 2007, and it is necessary to protect the public welfare to have local rules in place prior to the effective date of the new federal administrative rule; therefore, this ordinance shall be in full force and effect from and after its passage by the Council.

Emergency Ordinance No. 180888, passed by City Council and effective April 11, 2007.

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