Chapter 4.10
CABLE COMMUNICATIONS

Sections:

4.10.010    Short Title.

4.10.015    Definitions.

4.10.020    Declaration of Powers.

4.10.025    Selection of Franchise.

4.10.030    Violation, Penalties and Remedies.

4.10.010 Short Title.

BC 4.10.010 through 4.10.030 shall be known and may be cited as the “Beaverton Cable Communications Ordinance” and may also be referred to herein as “this ordinance”.

4.10.015 Definitions.

As used in this ordinance the following mean:

Cable communications system or system – A system of antennas, cables, amplifiers, towers, microwave links, cablecasting studios, and any other conductors, terminals, converters, equipment or facilities designed and constructed for the primary purpose of distributing video programming to subscribers and the secondary or additional purpose of producing, receiving, amplifying, storing, processing, or distributing audio, video, digital or other forms of electronic or electrical signals, whether owned, rented, leased, or lease-purchased by a person, firm or corporation.

Franchise – The privilege conferred upon a person, (franchisee) by the City to operate a cable communications system under the terms and provisions of this ordinance.

4.10.020 Declaration of Powers.

The City, by and through its Council, recognizes, declares and establishes the authority to regulate the development and operation of a cable communications system for the City and to exercise all powers necessary for that purpose, including, but not limited to, the following:

A. To grant by resolution non-exclusive franchises for the development and operation of a system or systems;

B. To contract, jointly agree or otherwise provide with other local or regional governments, counties or special districts or other public or private entities, for the development, operation, and/or regulation of a system or to exercise any powers, rights, duties or responsibilities pursuant to BC 4.10.010 through 4.10.030, or franchises therefore, even if the system extends beyond the boundaries of the City;

C. To create local improvement districts for the development or extension of a system and/or to provide for the undergrounding of the system as a local improvement, as that term is defined by ORS Chapter 223, or City ordinances;

D. To purchase, hire, construct, own, maintain and operate or lease a system and to acquire property necessary for any such purpose;

E. To regulate and supervise all facets of a system, including, but not limited to:

1. consumer complaints;

2. disputes among the City, franchisees, and consumers;

3. fair employment practices;

4. the development, management and control of a government access channel as well as development of other access channels;

5. rates and review of finances for rate adjustments;

6. construction timetables and standards;

7. modernization of technical aspects;

8. ensuring adherence to federal and state regulations;

9. franchise transfer and transfer of control of ownership;

10. franchise renewal and/or franchise revocation;

11. enforcement of buy-back, lease back or option to purchase provisions; and

12. receivership and foreclosure procedures.

4.10.025 Selection of Franchise.

A. If the Council finds it in the best interests of the City to grant a franchise for a system, the procedures of this section shall be followed. On motion of the Council, the mayor or the mayor’s designee shall prepare a request for proposal (hereafter referred to as an “RFP”) containing at least the following:

1. information and instructions relating to the preparation and filing of bid proposals;

2. requirements regarding the development, operation and regulation of a system, including, but not limited to the following:

a. the length, renewal and transfer or assignment of the franchise, including foreclosure and receivership provisions,

b. a description of the franchise territory and the extension of service,

c. the system design, including channel capacity, channel uses, access programming facilities, specialized services, point to point service, two-way provisions, subscriber privacy, interconnection of systems, and underground and aboveground installation requirements,

d. technical performance standards,

e. records and reporting,

f. indemnification, insurance, and liability for damages; and

g. provision of an option for the City to acquire the system upon revocation or expiration of the franchise;

3. criteria to be used in evaluating applicant proposals.

B. The Council, by resolution, may:

1. approve the RFP as proposed, or modify or otherwise make amendments to it as necessary;

2. authorize the mayor to seek bids for a system pursuant to the RFP.

C. The mayor may employ the services of a technical consultant, as necessary, to assist in the analysis of any matter relative to the RFP and to the evaluation of any bid.

D. The mayor or the mayor’s designee shall prepare an evaluation of the bids received, and shall submit the evaluation to the Council together with any recommendations. The evaluation shall be made available to the public for inspection.

E. The Council may award a franchise to an applicant only after a public hearing on the application and bid, notice of which shall be published in a local newspaper of general circulation in the City at least ten days prior to the date of the hearing. All applicants shall be notified by mail of the public hearing; provided, however, that no defect in the notice or failure to notify shall invalidate the franchise awarded.

F. No franchise or franchise award shall be deemed final until passage of a resolution containing the terms and conditions of the franchise. The franchisee shall bear the costs of all publications and notices given in connection with the award of the franchise.

4.10.030 Violation, Penalties and Remedies.

A. Violation and Penalties. Any person, whether as principal, agent, employee or otherwise, violating or causing the violation of any provision of this ordinance or performing any of the acts and/or functions itemized under BC 4.10.015 A of this ordinance, which defines a cable communications system, without having been awarded a franchise to perform the acts or functions pursuant to the terms of this ordinance shall be deemed to have committed a Class 1 Civil Infraction. The infraction shall be processed in accordance with the procedures set forth in BC 2.10.010 through 2.10.050, as it is now or hereafter constituted. Each violation occurring on a separate day is considered a separate violation of this ordinance.

B. Cumulative Remedies. The rights, remedies and penalties provided in this section are cumulative and not mutually exclusive and are in addition to any other rights, remedies and penalties available to the City under any other ordinance or law.

C. Injunctive Relief. On request of the mayor, the City attorney may institute a suit in equity in the circuit court of the State or other appropriate court to enjoin the continued violation of any provision of this ordinance.