Chapter 3.114 Office for Community Technology


- Note

(Chapter added by Ordinance No. 149053; amended by Ordinance Nos. 151338, 160424 and 184882, effective September 21, 2011.)


3.114.010 Creation.

(Amended by Ordinance No. 185568, effective September 28, 2012.)  There is hereby established an Office for Community Technology.  The Office shall be supervised by a manager who shall report to the Director of the Revenue Bureau, as provided under Subsection 3.15.060 A., or the Director’s designee.  As used in this Chapter and elsewhere in the City Code when referring to the Office for Community Technology, the term “Director” shall mean the Director of the Revenue Bureau or the Director’s designee.  The Office shall have such other employees as the Council may provide.


3.114.020 Functions.

(Amended by Ordinance No. 181155, effective August 17, 2007.)

 

A.  The Office shall be responsible for coordinating Citywide broadband planning, communications policy advocacy, technology grants and related consumer protection activities.

 

B.  The Office shall be responsible for supervising and coordinating all franchising processes engaged in by the City, for monitoring the performance of all franchisees for franchise compliance and for performing all other necessary work relating to franchises in the City.

 

C.  The Office shall be responsible for promoting the orderly development of City‑owned or City-partnered broadband and cable communication systems, for providing staff support needed by the Mt. Hood Cable Regulatory Commission and for performing all other necessary work related to broadband planning, communications policy advocacy, related technology grants and cable communications in the City.

 

D.  The Office shall be responsible for overseeing franchise and utility audits and revenues in coordination with the City Auditor’s Office, the Office of Management and Finance and other City agencies and bureaus.


3.114.030 Jurisdiction.

A.  The Office shall have jurisdiction over all franchisees and utility licensees.  The Office shall have jurisdiction over all public or private utilities or other entities seeking similar rights to use City rights‑of‑way.

 

B.  The Office shall have jurisdiction over all cable communications and broadband policy matters affecting the City of Portland.


3.114.040 Policy.

In order to establish and ensure a stable, predictable basis for long-term relations, it is the policy of the City of Portland that public or private utilities and other entities seeking similar rights to utilize City rights-of-way should be subject to franchise agreements with the City.


3.114.050 Administration.

(Added by Ordinance No. 185059, effective December 7, 2011.)

 

A.  In exercising the Office’s jurisdiction under Subsection 3.114.030 A. over the use of City rights-of-way by franchisees, licensees and permittees, the Director may adopt procedures, forms, written policies, and rules to ensure orderly administration.

 

1.  Before adopting a new rule, the Director must hold a public hearing.  Prior to the hearing, the Director will notify the public and affected franchisees, licensees, and permittees under the jurisdiction of the Office.  Such notice, which may be provided by mail or electronic means, must be distributed not less than ten or more than thirty days before the hearing.  The notice must include the place, time and purpose of the public hearing, a brief description of the subjects covered by the proposed rule, and the location where copies of the full text of the proposed rule may be obtained.

 

2.  At the public hearing, the Director will receive oral and written testimony concerning the proposed rule. The Director will either adopt the proposed rule, modify it or reject it, taking into consideration the testimony received during the public hearing.  If a substantial modification is made, additional public review will be conducted, but no additional public notice is required if an announcement is made at the hearing of a future hearing for a date, time and place certain at which the modification will be discussed.  Unless otherwise stated, all rules are effective upon adoption by the Director.  All rules adopted by the Director will be filed in the Office.  Copies of all current rules will be posted on the Office’s website and made available to the public upon request.

 

3.  Notwithstanding Subsections 3.114.050 A.1. and 2., the Director may adopt an interim rule without prior public notice upon a finding that failure to act promptly will result in serious prejudice to the public interest or the interest of the affected parties, stating the specific reasons for such prejudice.  An interim rule adopted pursuant to this Subsection is effective for a period of not longer than 180 days.