36.04A.220 Telecommunications commission—Duties and authority.

(a)    The duties of the commission shall be carried out, with the assistance of the director, county and county staff, in accordance with the procedures, standards, requirements and policies of this chapter. The commission shall have all authority to carry out such duties. Generally, such duties shall be:

(1)    To have the primary responsibility for the continuing administration of this chapter, any franchise granted pursuant to this chapter and the implementation of franchise compliance procedures;

(2)    To receive, investigate and review all applications and requests which may be made to the county for grant of new franchises, for franchise renewals, for franchise extensions and for other cable-related matters, and in such connection, to hold public hearings thereon and to make written reports and recommendations to the county board;

(3)    To receive, investigate, and review all requests pursuant to Section 36.04A.110 which may be made to the county for a transfer of ownership or control of any franchise to provide cable service within the county, to hold public hearings thereon and to make written reports and recommendations to the county board;

(4)    To receive, investigate, and review all requests pertaining to rate changes pursuant to Section 36.04A.240 which may be made to the county, to hold public hearings thereon and to make written reports and recommendations to the county board;

(5)    To receive, investigate and review proposed customer service standards for cable service within the county, to hold public hearings thereon and to make written reports and recommendations to the county board;

(6)    To evaluate, investigate, review and enforce compliance by grantees with this chapter and any franchise agreement, and in such connection, to issue such notices and orders as are necessary in connection therewith in conformity with this chapter;

(7)    To have primary responsibility for advising the county regarding public, educational and governmental access programming including the development of processes for the selection of designated access providers and for evaluating their performance, for assigning and designating access channels, for allocating access funds and for making written reports and recommendations to county board thereon;

(8)    To encourage cooperation between Portland/Vancouver area cable television systems and to work with Clark County and other local franchising authorities in coordinating with any cable franchises they may grant;

(9)    To work with any and all grantees, designated access providers and the public to encourage maximum feasible use of access channels by institutions, groups and individuals in the community;

(10)    To promulgate rules under which channel capacity designated to access use may be used by a grantee when it is not being used for access purposes;

(11)    To cooperate with grantees, designated access providers and promote the development and implementation of cable television services, including, but not limited to, the following categories: local origination and access programming production; local educational uses, including those of and for libraries, museums, public and private colleges and universities; use of leased channels for business and other uses; and any other uses the commission, within its discretion, deems appropriate;

(12)    To promote, in cooperation with cable franchise grantees, designated access providers and others, local programming for the community;

(13)    To otherwise work with county board, the director, county staff, other governmental units, grantees, users, customers and the general public to provide continually improved cable service;

(14)    To establish rules and regulations for the implementation of the provisions of this chapter and the provisions of any franchise granted pursuant hereto, in conformity with the terms and conditions thereof;

(15)    To advise the board on telecommunications strategic issues within the Vancouver/Clark community and bi-state metropolitan area, and to facilitate collaborative community planning efforts regarding technological issues.

(16)    Such other duties as may be imposed by or inferred from this chapter, any franchise, ordinance or board directive.

(b)    The commission may, with the approval of the mayor and county board, appoint one or more hearing examiners to conduct on the commission’s behalf fact-finding, administrative or quasi-judicial hearings on regulatory aspects of this chapter or of franchises granted pursuant to this chapter. Such examiners shall be appointed solely with regard to their qualifications for the duties of their office and will have such training and experience as will qualify them to conduct such hearings. (Sec. 2 of Ord. 1998-12-21; amended by Sec. 4 of Ord. 2005-07-21a)