ORDINANCE NO. 176688

*Authorize services agreement with Portland Cable Access (Ordinance)

The City of Portland ordains:

Section 1. The Council finds:

1.  The City of Portland has entered into cable services franchise agreements with TCI Cablevision of Oregon, Inc., (Ordinance No. 166470) d.b.a. AT&T Broadband, and with Cablesystems Pacific, d.b.a. AT&T Broadband, (Ordinance No. 151208). As part of the franchise agreements, the cable operators have agreed to provide support for public, educational, and governmental (“PEG”) access programming.

2.  Since 1981, the City has contracted with Portland Cable Access (PCA) to manage PEG access resources, including access channels, provided under the franchise agreements and to provide PEG services on a city-wide basis. The current agreement with PCA expires June 30, 2002.

3.  The Office of Cable Communications and Franchise Management, along with the Mt. Hood Cable Regulatory Commission (MHCRC), has completed negotiations with Portland Cable Access on a new five-year agreement. The PCA Board of Directors and the MHCRC recommend approval of this agreement.

4.  The City has appropriated sufficient funds in its adopted 2002-03 budget to cover expenditures anticipated under this agreement for FY2002-03. In future years, the City may adjust the annual funding base amount based on the percentage increase in the CPI or cable subscribers, whichever is greater. The City may also reduce the funding base amount in the case of extraordinary circumstances causing severe financial constraints on the City.

5.  PCA has successfully provided access services for the City over the past 25 years and is uniquely qualified to continue providing these services. It is impractical to obtain competition for the provision of PEG access services Citywide since there are no other organizations qualified to provide this service.

6.  In order for the contract to continue uninterrupted, the effective date of this contract is retroactive to July 1, 2002.

NOW, THEREFORE, THE COUNCIL DIRECTS:

a.  The Auditor and Commissioner of Public Works are authorized to execute, on behalf of the City, an agreement substantially similar in form to that attached as Exhibit A hereto with Portland Cable Access (PCA).

b.  The Mayor and Auditor are authorized to draw and deliver warrants in payment of obligations under the agreement.

Section 2. The Council declares that an emergency exists because a delay in proceeding with the agreement may unnecessarily deprive the citizens of the City of Portland of the PEG access services being provided; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.

BACKING SHEET INFORMATION

AGENDA NO. 818-2002

ORDINANCE/RESOLUTION/COUNCIL DOCUMENT NO. 176688