CITY OF
PORTLAND, OREGON
COMMUNICATIONS AND NETWORKING
Nancy Jesuale, Director
CITY OF
PORTLAND, OREGON
COMMUNICATIONS AND NETWORKING
Nancy Jesuale, Director
December 19, 2002
TO: David Olson
FROM: Nancy Jesuale
CC: Ben Walters
Tim Grewe
Mary Beth Henry
REQUEST FOR TEMPORARY REVOCABLE PERMIT
Integrated Regional Network Enterprise (IRNE) acknowledges that it has approached the Office of Cable Communications and Franchise Management (OCCFM) to obtain a franchise to provide Telecommunications Services in Portland. The Cable Office is responsible for franchise negotiations under PCC 3.114.030.A. The OCCFM and IRNE have reached agreement on franchise terms.
IRNE acknowledges that under the Charter of the City of Portland, the time before a franchise takes effect may extend up to four months or more. However, IRNE needs to obtain permission to use the City streets as soon as possible. IRNE has entered into intergovernmental agreements with the Portland Public Schools, the City of Gresham, Multnomah County and other governmental entities in the region to provide competitive telecommunications services, including data transmission and voice services. Significant public benefits will accrue as a result of the prompt startup and provision of services by IRNE to these governmental entities. There should be no delay in providing authority to IRNE for use of the streets in order to provide such public benefits.
IRNE understands that the conditions contained in the temporary permit are substantially the same as those in the proposed Franchise Agreement, and IRNE agrees to accept those terms as a condition to the issuance of this permit. IRNE acknowledges the temporary nature of this permit, as has been issued to other franchised providers by the City. IRNE acknowledges that, as with prior permits, the right to remain in the City’s streets is contingent upon entering into a franchise agreement with the City. IRNE acknowledges that there are risks associated with proceeding with operation of facilities in the City streets under the temporary, revocable permit, such as the possible referral of the franchise for a city-wide vote under the provision of the Portland City Charter or legal challenges that may delay the effective date of the potential franchise. IRNE understands that the temporary permit does not grant any property rights, vested or otherwise, to occupy or use the City’s streets or public places. IRNE further understands that any and all rights granted under the temporary permit terminate upon the expiration of the permit at the end of its term. Finally, IRNE understands that the permit will expire on the earlier of one year from the issuance of the permit or the effective date of the franchise.
IRNE requests that the City Council issue a temporary, revocable permit to IRNE for the occupation of City streets as soon as possible in order to begin providing services to governmental entities.