The purpose of this chapter is to provide for franchising and regulation of cable television providers within the city of Washougal.
(Ord. 758 § 1.1, 1980; Ord. 1757 § 1 (Exhs. A, B), 2014)
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given in this section. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning.
(1) 
"Basic service"
means any service tier which includes the retransmission of local television broadcast signals and public, educational and governmental access channels, or as such service tier may be further defined by federal law.
(2) 
"Cable Act"
means the Cable Communications Policy Act of 1984 and the Cable Television Consumer Protection and Competition Act of 1992 and any amendments thereto, including those contained in the Telecommunications Act of 1996, and any future federal cable television legislation.
(3) 
"Cable system"
shall have the meaning set forth in the Cable Act.
(4) 
"Cable operator"
means any person or group of persons, including a grantee:
(a) 
Who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in such a cable system; or
(b) 
Who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system.
(5) 
"City"
means the city of Washougal, Washington.
(6) 
"FCC"
means the Federal Communications Commission and any legally appointed, designated or elected agent or successor.
(7) 
"Franchise"
means the nonexclusive agreement or renewal thereof for the construction and operation of a cable system as entered into by the city and cable operator.
(8) 
"Gross revenues"
shall be defined in the franchise agreement.
(9) 
"Street"
means the surface of and the space above and below any public street, road, highway, freeway, lane, path, public way or place, sidewalk, alley, court, boulevard, parkway, drive or easement now or hereafter held by the city, Clark County or the state for the purpose of public travel and shall include other easements or rights-of-way as shall be now held or hereafter held by any of the entities cited above.
(10) 
"Subscriber"
means any person who or which elects to subscribe to, for any purpose, cable services provided by a grantee by means of or in connection with the cable system and whose premises are physically wired and lawfully activated to receive cable services from a grantee's cable system.
(Ord. 758 § 1.2, 1980; Ord. 1757 § 1 (Exhs. A, B), 2014)
It shall be unlawful for any person to construct, operate or maintain a cable system or provide cable service over a cable system within the city without a franchise granted by the city authorizing such activity; provided, that nothing herein shall preclude the city from itself constructing, operating or maintaining a cable system with or without a franchise. No person may be granted a franchise without having entered into a franchise agreement with the city pursuant to this chapter. For the purpose of this provision, the operation of part or all of a cable system within the city means the use or occupancy of rights-of-way by facilities used to provide cable service. Services similar to cable service, such as open video system service, shall be subject to this chapter to the extent provided by law. A system shall not be deemed as operating within the city even though service is offered or rendered to one or more subscribers within the city, if no right-of-way is used or occupied. In no event shall a franchise be created unless it is issued by the city pursuant to this chapter and subject to a written franchise agreement.
(Ord. 758 § 1.9, 1980; Ord. 1757 § 1 (Exhs. A, B), 2014)
All material provisions of any cable franchises granted pursuant to this chapter to enter the city's public ways for the purpose of constructing or operating a cable system or providing cable service to any service area within the city to which another grantee of a franchise pursuant to this chapter is actually providing cable service under the provisions of a previously granted franchise shall be reasonably comparable to those of the previously granted franchise in order that one cable operator not be granted an unfair competitive advantage over another, and to provide all cable operators equal protection under the law.
(Ord. 1757 § 1 (Exhs. A, B), 2014)
(1) 
Application. Each application for a new franchise under this chapter shall:
(a) 
Be submitted in a form approved by the city.
(b) 
Accompanied by a fee of $5,000 by certified or cashiers check made payable to the city of Washougal. Said fee shall be used in processing and considering such applications under this chapter and shall be nonrefundable. In addition, if the total receipts from such applicant fee for a new franchise is less than the costs of processing all such applications, including costs of staff and professional services, contractors, payment of the balance of such cost by the successful applicant, within 60 days of demand by the city shall be a condition of award of a new franchise to it.
(2) 
Consideration of Applications.
(a) 
The city will consider each application for a new franchise where the application is found to be acceptable for filing and in substantial compliance with the requirements of this chapter and any applicable application or request for proposals. In evaluating an application the city will consider, among other things, the applicant's past service record in other communities, the nature of the proposed facilities and services, proposed area of service, and whether the proposal would adequately serve the public needs and the overall interests of the citizens of the city. The city may elect to undertake an assessment of future cable-related community needs and interests, and may require that the applicant's proposal be responsive thereto.
(b) 
If the city determines that an applicant's proposal, including the proposed service area, would serve the public interest, it may grant a franchise to the applicant, subject to terms and conditions as agreed upon between the applicant and the city and incorporated into a written franchise agreement.
(3) 
Costs to be borne by the grantee of a new franchise shall include all costs and publications of notices prior to any public meeting provided for pursuant to this chapter and all other publications required by law.
(Ord. 758 § 1.3, 1980; Ord. 1757 § 1 (Exhs. A, B), 2014)
A franchise term may be extended by the city with the agreement of the grantee upon the same terms and conditions as the current agreement or upon such other terms and conditions as are mutually agreeable to the city and the grantee. The grantee of a franchise extension shall be required to accept the terms and conditions of the extension in conformity with WMC § 5.60.090.
(Ord. 1757 § 1 (Exhs. A, B), 2014)
(1) 
In the course of considering a request for a franchise renewal the city shall adhere to all requirements of applicable federal law. The public shall be afforded appropriate notice and opportunity to participate in any proceedings undertaken by the city for the purpose of identifying future cable related community needs and interests, and reviewing the grantee's performance during any existing franchise term.
(2) 
The city manager shall conduct the preliminary assessment regarding renewal of a franchise.
(Ord. 1757 § 1 (Exhs. A, B), 2014; Ord. 1916 § 1 (Exh. A), 2020)
Any franchise shall be for the territorial limits of the city and for any area henceforth added thereto during the term of the franchise subject to conditions of RCW 35.13.280 (annexation agreement).
(Ord. 758 § 1.5, 1980; Ord. 1757 § 1 (Exhs. A, B), 2014)
The franchise and the rights, privileges and authority granted by ordinance shall take effect and be in force from and after final passage thereof, as provided by law, and shall continue in force and effect for a term to be provided in the franchise agreement; provided, that within 14 days after the date of final passage of the franchise the cable operator shall file with the city clerk its unconditional acceptance of the franchise and promise to comply with and abide by all its provisions, terms, and conditions. Such acceptance and promise shall be in writing duly executed and sworn to, by, or on behalf of the cable operator before a notary public or other officer authorized by law to administer oaths.
(Ord. 758 § 1.6, 1980; Ord. 1757 § 1 (Exhs. A, B), 2014)
In accepting any franchise, the cable operator acknowledges that its rights thereunder are subject to the police and legislative powers of the city to adopt and enforce general ordinances it finds necessary for the health, safety and welfare of the public; and it agrees to comply with all applicable general laws and ordinances so enacted by the city.
Any conflict between the provisions of any franchise and any other present or future lawful exercise of the city's police powers shall be resolved in favor of the latter, except that any such exercise that is not of general application in the jurisdiction or applies exclusively to cable operator which contains provisions inconsistent with the franchise shall prevail only if upon such exercise, the city finds an emergency exists constituting a danger to health, safety, property or general welfare, or such exercise is mandated by law.
(Ord. 758 § 1.8, 1980; Ord. 1757 § 1 (Exhs. A, B), 2014)
The city shall have the right, during the life of the franchise, to install and maintain free of charge upon the poles of the cable operator any wire and pole fixtures that do not unreasonably interfere with the operations of the cable operator.
(Ord. 758 § 1.10, 1980; Ord. 1757 § 1 (Exhs. A, B), 2014)
The city shall have the right to require the cable operator to provide a letter of credit to be used to insure the faithful performance of the cable operator of all provisions of the franchise and shall be provided for in the franchise agreement.
(Ord. 758 § 1.12, 1980; Ord. 1757 § 1 (Exhs. A, B), 2014)
The city shall require that a performance bond be provided by the cable operator the terms of which shall be fixed in the franchise agreement.
(Ord. 758 § 1.13, 1980; Ord. 1757 § 1 (Exhs. A, B), 2014)
The city shall require that cable operator provide sufficient liability insurance to protect the city in an amount and under circumstances to be outlined in the franchise agreement.
(Ord. 758 § 1.14, 1980; Ord. 1757 § 1 (Exhs. A, B), 2014)
(1) 
The city may require that applications and proposals for new franchises address the provision of public, education, and local government access channels, including facilities, equipment and capital support sufficient to meet the community needs. Applicants for new franchises and grantees requesting renewal of franchises are encouraged to provide additional access support and support for local origination programming in their franchise proposals. If supported by its assessment of future cable related community needs and interests, the city may require that a request for renewed franchise address facilities, equipment and capital support sufficient to meet those needs and interests.
(2) 
The access program may be managed by the city or its designated access provider. The manager(s) of the access program shall establish rules for the use of access channels consistent with the requirements of this chapter, a franchise, applicable law and the intended purpose of such channels. Such rules shall in all cases be subject to review and approval by the city or its designated access manager.
(Ord. 1757 § 1 (Exhs. A, B), 2014)
Minimum public notice of any public meeting relating to the cable franchise shall be by publication at least once in a local newspaper of general circulation in compliance with Washington State statutes.
(Ord. 758 § 1.17, 1980; Ord. 1757 § 1 (Exhs. A, B), 2014)