Chapter 2.50
CABLE TELEVISION COMMISSION
Sections:
2.50.010 Creation of Cable Television Commission – Objective.
2.50.020 Membership.
2.50.030 Meetings – Rules.
2.50.040 Repealed.
2.50.050 Duties and responsibilities.
2.50.060 Appeals.
2.50.010 Creation of Cable Television Commission – Objective.
As of March 1, 1984, there is created a Cable Television Commission. The objective of the Cable Television Commission (CTC) is to regulate and oversee the operations of the cable television system in Issaquah in accordance with the Cable Communications Regulatory Ordinance 2249 and, as applicable, Ordinance 1443; to ensure quality service to City residents; to oversee and advise the City Council in regard to the use of City of Issaquah rights-of-way; and to advise the City Council in regard to telecommunications. (Ord. 2417 § 1, 2005; Ord. 2286 § 1, 2000; Ord. 2149 § 1, 1997; Ord. 1600 § 1, 1984).
2.50.020 Membership.
A. Qualifications. The selection of Cable TV Commissioners shall be made from individuals who have an interest in cable television/telecommunications as evidenced by training, experience, or actions. No employees or person with ownership or financial interest with the cable television/telecommunications permittee or franchise holder, nor any relative or agent of such employee or person, shall be eligible for membership on the CTC.
B. Number of Members – Terms. The CTC shall consist of 5 regular members, each of whom shall be appointed for a term of 4 years. At least 4 of the 5 regular members shall be city residents. Terms shall expire the first day of May of each appropriate year.
C. Alternate Members. Up to 2 alternate members shall be appointed to serve in the absence of regular members. At least 1 of the 2 alternates shall be a City resident. Alternates shall be selected by using the same qualifications specified under subsection A of this section. Alternate members shall serve for terms of 2 years.
D. Appointment. Members of the CTC shall be appointed by the Mayor, subject to confirmation by the City Council. Members shall be selected without respect to political affiliations and shall serve without compensation.
E. Removal. Members of the CTC may be removed by the Mayor, with concurrence of the City Council, for neglect of duty, conflict of interest, malfeasance in office, or other just cause, or for unexcused absence from more than 3 consecutive regular meetings. The decision of the Council shall be final and there shall be no appeal therefrom.
F. Vacancies. Vacancies occurring other than through the expiration of terms shall be filled for the unexpired terms in the same manner as appointments in subsection D of this section. (Ord. 2286 § 2, 2000; Ord. 2211 § 7, 1998; Ord. 2149 § 2, 1997; Ord. 1924 § 1, 1992; Ord. 1600 § 1, 1984).
2.50.030 Meetings – Rules.
A. The CTC shall organize and elect from its members a Chair, who shall preside at all meetings of the Commission, and a Vice-Chair. A majority of the Commission shall constitute a quorum for the transaction of business, and a majority vote of those present shall be necessary to carry any proposition.
B. The Commission shall determine a regular meeting schedule (time, place and frequency), as necessary, but shall meet no less frequently than once every 2 months. All meetings shall be open to the public.
C. The Commission shall adopt such rules and regulations as are necessary for the conduct of its business, and shall keep a written record of its proceedings which shall be a public record. (Ord. 1600 § 1, 1984).
2.50.040 Staff support.
Repealed by Ord. 2341. (Ord. 2286 § 3, 2000; Ord. 2149 § 3, 1997; Ord. 1600 § 1, 1984).
2.50.050 Duties and responsibilities.
A. Duties of the Commission shall include:
1. Advise the Mayor and City Council on applications for cable television franchises;
2. Advise the Mayor and City Council on matters which might constitute grounds for revocation of any franchise in accordance with the terms of that franchise agreement, Ordinance 2249 and/or Ordinance 1443;
3. Resolve disagreements among operators, subscribers and public and private users of the cable facilities;
4. Advise the Mayor and City Council on the regulation of rates in accordance with Ordinance 2249 and, as applicable, Ordinance 1443;
5. Encourage use of any access channels among the widest range of institutions and civic groups within the City and oversee programming to prioritize broadcasting schedules;
6. Cooperate with operators of other systems;
7. Audit all operators’ records required by Ordinance 2249 or Ordinance 1443, as applicable, and, at the CTC’s discretion, require the preparation and filing of information additional to that required therein by the operator;
8. Make an annual report to the Mayor and City Council including an account of franchise fees received, the total number of hours of utilization of the local government channel together with hourly subtotals of various programming categories, and a review of any plans submitted during the year by operators for system extension to new service areas, or for the introduction of new services;
9. Conduct periodic evaluations of the system with the operators, and pursuant thereto, make recommendations to the Mayor and City Council for amendments to Ordinance 2249, Ordinance 1443 and/or franchise agreements;
10. Provide coordination between the City and operator to assure proper and timely extension of service to new areas;
11. Carry out other duties as may be prescribed by City ordinance, or as directed by the Mayor.
B. In addition to the above, the CTC shall have the following authority:
1. In cases where customer complaints are unsatisfied by an operator’s responses to complaints of service failures, poor service, inferior audio or video signals, the CTC shall have the authority to require that the operator:
a. Adjust individual subscriber billing charges for service deficiencies in whole or in part, based upon CTC’s evaluation of the deficiencies and the equities involved; or
b. Make reasonable refunds, not to exceed the amount paid.
2. In cases where requests for service have been ignored or unfulfilled for whatever reason, the CTC shall have the authority to investigate and require specific terms on which the operator is to provide the service requested, based upon its determination of the intent of Ordinance 2249 and Ordinance 1443, and the equities involved.
3. Review of Ordinance 2249 and Ordinance 1443 with respect to current regulations and technologies, and advise the City Council on any revisions that may be in the best interest of the City.
4. Advise the City Council on policy issues, and oversee the use of City-owned broadcast equipment.
5. Oversee and advise the City Council in regard to telecommunications and all of the technology involved.
6. Oversee and advise the City Council in regard to the siting and operation of wireless communications. (Ord. 2417 § 2, 2005; Ord. 2286 § 4, 2000; Ord. 1600 § 1, 1984).
2.50.060 Appeals.
Any person desiring to appeal any final decision of the CTC for which no further appeal or review is provided must file and serve an appropriate lawsuit in King County Superior Court within 14 days of the date of the decision or action being challenged. Any person desiring to appeal any decision of the City Council made pursuant to this chapter, Ordinance 2249, and/or Ordinance 1443 must file and serve an appropriate lawsuit in King County Superior Court within 14 days of the decision or action being challenged. All costs of preparing and certifying the record as required by the court shall be borne by the appellant. (Ord. 2417 § 3, 2005; Ord. 2286 § 5, 2000; Ord. 1600 § 1, 1984).