Drafter
Clerk 05/21/2026
Title
AN ORDINANCE relating to organization and functions of the department of information technology; amending, Ordinance 14199, Section 11, as amended, and K.C.C. 2.16.035, Ordinance 14005, Section 3, as amended, and K.C.C. 2A.380.010, Ordinance 20012, Section 1, and K.C.C. 2A.380.025, Ordinance 18432, Section 5, as amended, and K.C.C. 2A.380.050, Ordinance 18432, Section 6, and K.C.C. 2A.380.060, Ordinance 18432, Section 7, as amended, and K.C.C. 2A.380.070, Ordinance 5868, Sections 1-2, as amended, and K.C.C. 4A.200.280, Ordinance 18386, Section 1, as amended, and K.C.C. 4A.200.2805, Ordinance 6875, Section 3, as amended, and K.C.C. 4A.510.220, Ordinance 10159, Section 3, as amended, and K.C.C. 6.27A.010, and Ordinance 10159, Section 16, as amended, and K.C.C. 6.27A.140, recodifying K.C.C. 4A.200.280 and K.C.C. 4A.200.2805, adding new sections to K.C.C. chapter 4A.200, and adding a new section to K.C.C. chapter 2A.380.
Body
STATEMENT OF FACTS:
1. The code governing the department of information technology is revised to more clearly reflect its updated essential functions and responsibilities, reinforcing its role within county operations, and enhancing overall efficiency.
2. The department's divisional structure was last updated in 2016 via Ordinance 18432. Since that time, King County's technology needs and uses have significantly expanded, along with the rapidly evolving modern technology environment.
3. Under K.C.C. 2.16.035, the department of executive services oversees all franchising activities except for cable telecommunications, which is currently managed by the department of information technology. Under the proposed amendments, responsibility for cable telecommunications franchising will transfer to the department of executive services, aligning it with the county's other franchising functions.
BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. Ordinance 14199, Section 11, as amended, and K.C.C. 2.16.035 are hereby amended to read as follows:
A. The county administrative officer shall be the director of the department of executive services. The department shall include the records and licensing services division, the finance and business operations division, the facilities management division, the fleet services division, the airport division, the office of risk management services, the administrative office of emergency management, the administrative office of the business resource center, and the Harborview construction and infrastructure division. In addition, the county administrative officer shall be responsible for providing staff support for the board of ethics.
B. The duties of the records and licensing services division shall include the following:
1. Issuing marriage, vehicle/vessel, taxicab and for-hire driver and vehicle, and pet licenses, collecting license fee revenues, and providing licensing services for the public;
2. Enforcing county and state laws relating to animal control;
3. Managing the recording, processing, filing, storing, retrieval, and certification of copies of all public documents filed with the division as required;
4. Processing all real estate tax affidavits; and
5. Acting as the official custodian of all county records, as required by general law, except as otherwise provided by ordinance.
C. The duties of the finance and business operations division shall include the following:
1. Monitoring revenue and expenditures for the county. The collection and reporting of revenue and expenditure data shall provide sufficient information to the executive and to the council. The division shall be ultimately responsible for maintaining the county's official revenue and expenditure data;
2. Performing the functions of the county treasurer;
3. Billing and collecting real and personal property taxes, local improvement district assessments, and gambling taxes;
4. Processing transit revenue;
5. Receiving and investing all county and political subjurisdiction moneys;
6. Managing the issuance and payment of the county's debt instruments;
7. Managing the accounting systems and procedures;
8. Managing the fixed assets system and procedures;
9. Formulating and implementing financial policies for other than revenues and expenditures for the county and other applicable agencies;
10. Administering the accounts payable and accounts receivable functions;
11. Collecting fines and monetary penalties imposed by district courts;
12. Developing and administering procedures for the procurement of and awarding of contracts for tangible personal property, services, professional or technical services, and public work in accordance with K.C.C. chapter 2.93 and applicable federal and state laws and regulations;
13. Establishing and administering procurement and contracting methods, and bid and proposal processes, to obtain such procurements;
14. In consultation with the prosecuting attorney's office and office of risk management services, developing and overseeing the use of standard procurement and contract documents for such procurements;
15. Administering contracts for goods and services that are provided to more than one department;
16. Providing comment and assistance to departments on the development of specifications and scopes of work, in negotiations for such procurements, and in the administration of contracts;
17. Assisting departments to perform cost or price analyses for the procurement of tangible personal property, services, and professional or technical services, and price analysis for public work procurements;
18. Developing, maintaining, and revising as may be necessary from time to time the county's general terms and conditions for contracts for the procurement of tangible personal property, services, professional or technical services, and public work;
19. Managing and developing financial policies for borrowing of funds, financial systems, and other financial operations for the county and other applicable agencies;
20. Managing the contracting opportunities program to increase opportunities for small contractors and suppliers to participate on county-funded contracts. Also, the finance and business operations division shall submit an annual report as required by K.C.C. 2.97.090;
21. Managing the apprenticeship program to optimize the number of apprentices working on county construction projects. Also, the finance and business operations division shall submit an annual report as required by K.C.C. 12.16.175; and
22. Serving as the disadvantaged business enterprise liaison officer for federal Department of Transportation and other federal grant program purposes. The disadvantaged business enterprise liaison officer shall have direct, independent access to the executive on disadvantaged business enterprise program matters consistent with 49 C.F.R. Sec. 26.25. For other matters, the disadvantaged business enterprise liaison officer shall report to the manager of the finance and business operations division.
D. The duties of the facilities management division shall include the following:
1. Overseeing space planning for county agencies;
2. Administering and maintaining in good general condition the county's buildings except for those managed and maintained by the department of natural resources and parks and the Metro transit department as provided in K.C.C. chapter 4.56;
3. Operating security programs for county facilities except as otherwise determined by the council;
4. Administering all county facility parking programs except for public transportation facility parking;
5. Administering the supported employment program;
6. Managing all real property owned or leased by the county, except as provided in K.C.C. chapter 4.56, ensuring, where applicable, that properties generate revenues closely approximating fair market value;
7. Maintaining a current inventory of all county-owned or leased real property;
8. Functioning as the sole agent for the disposal of real properties deemed surplus to the needs of the county;
9. In accordance with K.C.C. chapter 4A.100, providing support services to county agencies in the acquisition of real properties, except as otherwise specified by ordinance;
10. Issuing oversized vehicle permits and issuing franchises, permits, and easements for the use of county property ((except franchises for cable television and telecommunications)), including negotiating, managing, and administering the cable communications provisions in K.C.C. chapter 6.27A;
11. Overseeing the development of capital projects for all county agencies except for specialized roads, solid waste, public transportation, airport, water pollution abatement, surface water management projects, and parks and recreation;
12. Being responsible for all general projects, such as office buildings or warehouses, for any county department including, but not limited to, the following:
a. administering professional services and construction contracts;
b. acting as the county's representative during site master plan, design, and construction activities;
c. managing county funds and project budgets related to capital projects;
d. assisting county agencies in the acquisition of appropriate facility sites;
e. formulating guidelines for the development of operational and capital project plans;
f. assisting user agencies in the development of capital projects and project plans, as defined and provided for in K.C.C. chapter 4A.100;
g. formulating guidelines for the use of life cycle cost analysis and applying these guidelines in all appropriate phases of the capital process;
h. ensuring the conformity of capital project plans with the adopted space plan;
i. developing project cost estimates that are included in capital project plans, site master plans, capital projects, and project budget requests;
j. providing advisory services, feasibility studies, or both services and studies to projects as required and for which there is budgetary authority;
k. coordinating with user agencies to assure user program requirements are addressed through the capital development process as set forth in this chapter and in K.C.C. chapter 4A.100;
l. providing engineering support on capital projects to user agencies as requested and for which there is budgetary authority; and
m. providing assistance in developing the executive budget for capital projects; and
13. Providing for the operation of a downtown winter shelter for homeless persons between October 15 and April 30 each year.
E. The duties of the fleet services division shall include the following:
1. Acquiring, maintaining, and managing the motor pool equipment rental and revolving fund for fleet vehicles and equipment, the equipment rental and revolving fund and the wastewater equipment rental and revolving fund. Metro transit department vehicles determined by the Metro transit department director to be intricately involved in or related to providing public transportation services shall not be part of the motor pool;
2. Establishing rates for the rental of equipment and vehicles;
3. Establishing terms and charges for the sale of any material or supplies that have been purchased, maintained, or manufactured with money from the motor pool and equipment revolving fund, the equipment rental and revolving fund, and the wastewater equipment rental and revolving fund;
4. Managing fleet and equipment training programs, stores function, and vehicle repair facilities;
5. Administering the county alternative fuel program and take-home assignment of county vehicles policy; and
6. Inventorying, monitoring losses, and disposing of county personal property in accordance with K.C.C. chapter 4.56.
F. The duties of the airport division shall include managing the maintenance and operations of the King County international airport, and shall include the following:
1. Developing and implementing airport programs under state and federal law including preparing policy recommendations and service models;
2. Managing and maintaining the airport system infrastructure;
3. Managing, or securing services from other divisions, departments, or entities to perform the design, engineering, and construction management functions related to the airport capital program, including new facilities development and maintenance of existing infrastructure; providing support services such as project management, environmental review, permit, and right-of-way acquisitions, schedule and project control functions; and
4. Preparing and administering airport service and supporting capital facility plans and periodic updates.
G. The duties of the office of risk management services shall include the management of the county's insurance and risk management programs consistent with K.C.C. chapter 2.21.
H. The duties of the administrative office of emergency management shall include the following:
1. Preparing and planning for emergencies and disasters;
2. Providing effective direction, control, and coordination of operations before, during, and after emergencies and disasters; and
3. Being responsible for the emergency management functions defined in K.C.C. chapter 2.56 and K.C.C. 2A.310.
I. The duties of the administrative office of the business resource center shall include the following:
1. The implementation and maintenance of those systems necessary to generate a regular and predictable payroll through the department of human resources;
2. The implementation and maintenance of those systems necessary to provide regular and predictable financial accounting and procedures through the finance and business operations division;
3. The implementation and maintenance of those systems necessary to generate regular and predictable county budgets, budget reports, and budget management tools for the county; and
4. The implementation and maintenance of the human resources systems of record for all human resources data for county employment purposes.
J. The duties of the Harborview construction and infrastructure division shall pertain to the Harborview Medical Center, which is generally described in the definition of "medical center" in K.C.C. 2.42.010. For the purposes of this section, Harborview Medical Center specifically includes those current and future capital projects at locations or buildings to be added to the medical center. The duties of the division include the following:
1. Managing the planning, contracting, and construction of all county capital projects at Harborview Medical Center, including new construction and major maintenance projects in accordance with K.C.C. chapter 2.42;
2. Managing the planning, contracting and construction of all other capital projects at Harborview Medical Center not otherwise planned, contracted, and constructed by the University of Washington in accordance with K.C.C. chapter 2.42 or the hospital services agreement; and
3. Serving as the lead agency in directing and coordinating capital budget requests from Harborview Medical Center, including ensuring that budget requests are compatible with the county's budgeting process.
SECTION 2. Ordinance 14005, Section 3, as amended, and K.C.C. 2A.380.010 are hereby amended to read as follows:
The department of information technology, which is also known as KCIT, is responsible to manage and be fiscally accountable for the information technology operating resources within the executive branch with the exception of the business resource center. The department of information technology shall provide support to the business resource center as agreed by the department of information technology and the department of executive services. The department shall be comprised of the office of the chief information officer, ((the emergency radio systems division,)) the chief information security officer, the information security and privacy division, the enterprise ((business)) technology services division ((and the infrastructure)), the business and operations services division, and the data and information services division.
SECTION 3. Ordinance 20012, Section 1, and K.C.C. 2A.380.025 are hereby amended to read as follows:
A. The position of chief information security officer shall exist within the department of information technology. The chief information security officer shall establish, oversee, and maintain the county's cybersecurity and privacy program and serve as the sole authority on cybersecurity and privacy matters countywide, across all branches of government.
B. The chief information security officer shall report to the chief information officer. To ensure countywide protection of systems and data, the chief information security officer shall maintain a reporting relationship to a member of the executive office, as designated by the county executive.
C. The chief information security officer shall have the sole authority to develop, implement and enforce cybersecurity and privacy policies, standards, procedures, and practices countywide across all branches of government.
D. The chief information security office shall manage and direct the information security and privacy division.
SECTION 4. Ordinance 18432, Section 5, as amended, and K.C.C. 2A.380.050 are hereby amended to read as follows:
The duties of the ((emergency radio communications division include administering the emergency radio communication system, but not including the radio communication and data system operated and maintained by the Metro transit department)) information security and privacy division include:
A. Implementing and maintaining the county's cybersecurity and privacy programs and activities;
B. Developing, implementing, and enforcing cybersecurity and privacy architecture and engineering policies and standards;
C. Overseeing cybersecurity and privacy governance, risk, and compliance functions; and
D. Identifying, implementing, and enforcing data protection requirements.
SECTION 5. Ordinance 18432, Section 6, and K.C.C. 2A.380.060 are hereby amended to read as follows:
The duties of the enterprise ((business)) technology services division include:
A. ((Application development, system integration, data management, business intelligence and managed software services)) Providing and managing enterprise architecture, software engineering, and application development, quality and support services for county technology;
B. ((Web development, standards and governance, social media strategy, King County Internet and Intranet, open data strategy and support)) Developing and managing applications and digital platforms, including enterprise Geographic Information System platforms, tools, and services; and
C. ((Information technology business analysis consulting, technology solution evaluation, business case development, process improvement, supporting transition-to-technology launch and information technology training for end users on new or enhanced technology tools and applications;
D. Managing information technology projects and related documentation in accordance with countywide project management methodology including post-implementation reporting; and
E. Develop countywide project management methodology and tools for information technology projects.)) Designing, operating, managing, and maintaining technology networks, servers, storage, cloud environments, and data centers.
SECTION 6. Ordinance 18432, Section 7, as amended, and K.C.C. 2A.380.070 are hereby amended to read as follows:
The duties of the ((infrastructure)) business and operations division include:
A. ((Designing, planning, developing, operating, maintaining and enhancing information technology systems and infrastructures)) Managing enterprise information technology project lifecycle activities for the county and other contracting agencies;
B. ((Managing the lifecycle of workstations and other information technology devices, including installation, maintenance and decommissioning)) Managing business case development and transition-to-technology activities, including end user training;
C. ((Managing network connectivity and the Institutional Network, also known as I-Net)) Configuring, installing, and maintaining end-user computing services, software, and device; and
D. ((Providing geographic information systems services, also known as GIS services;
E. Negotiating, managing and administering the cable communications provisions in K.C.C. chapter 6.27A;
F. Providing communications infrastructure and support to include voice and data communications services for the county and contracting agencies; and
G. Managing the enhanced 911 emergency-communication system.)) Developing, designing, deploying, and managing telecommunications and technology infrastructure, including the public safety communications infrastructure, the Institutional Network, which is also known as I-Net, and the emergency communication system for the county and other contract entities, excluding the radio communication and data system operated and maintained by the Metro transit department.
NEW SECTION. SECTION 7. There is hereby added to K.C.C. chapter 2A.380 a new section to read as follows:
The duties of the data and information services division include:
A. Implementing and maintaining data and information architecture standards for data modeling, data quality, and data management;
B. Designing and operating data and reporting platforms, data integrations, and data repositories; and
C. Designing and implementing analytics platforms and solutions.
SECTION 8. K.C.C. 4A.200.280, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 4A.200.
SECTION 9. Ordinance 5868, Sections 1-2, as amended, and K.C.C. 4A.200.280 are hereby amended to read as follows:
A. There is hereby created ((an enhanced)) a 911 emergency communication system fund.
B. The fund shall be a first tier fund. It is a special revenue fund.
C. The director of the department of information technology shall be the manager of the fund.
D. All receipts from the taxes imposed under K.C.C. 4A.510.200, 4A.510.210, 4A.510.220, 4A.510.230, 4A.510.240 and 4A.510.250 shall be deposited in the fund.
E. The fund shall provide for the receipt of revenues and disbursement of expenditures related to the provision of ((an enhanced)) a 911 emergency communication system in King County.
SECTION 10. K.C.C. 4A.200.2805, as amended by this ordinance, is recodified as a new section in K.C.C. chapter 4A.200.
SECTION 11. Ordinance 18386, Section 1, as amended, and K.C.C. 4A.200.2805 are hereby amended to read as follows:
A. There is hereby created the ((enhanced)) 911 emergency communication system capital fund.
B. The fund shall be a first tier fund. It is a capital projects fund.
C. The director of the department of information technology shall be the manager of the fund.
D. All receipts from transfers from the ((enhanced)) 911 emergency communication system fund, bond proceeds, grants, and other revenues for ((enhanced)) 911 with a capital appropriation shall be deposited in the fund.
E. The fund shall be used to support capital projects and equipment replacement related to the provision of ((an enhanced)) a 911 emergency communication system in King County.
SECTION 12. Ordinance 6875, Section 3, as amended, and K.C.C. 4A.510.220 are hereby amended to read as follows:
A. The proceeds of the tax imposed by this chapter before January 1, 2010, and investment earnings therefrom shall be used only to pay for the implementation and operation of ((an enhanced)) a 911 emergency telephone system.
B. The proceeds of the tax imposed by this chapter on and after January 1, 2011, and investment earnings therefrom shall be used only to pay for the implementation and operation of ((an enhanced)) a 911 emergency communications system and any applicable administrative fee charged by the state of Washington Department of Revenue for the administration and collection of the tax.
SECTION 13. Ordinance 10159, Section 3, as amended, and K.C.C. 6.27A.010 are hereby amended to read as follows:
For the purpose of this chapter, the following terms, phrases, words, and their derivations shall have the meanings given herein. 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 words "shall" and "will" are mandatory, and "may" is permissive. Words not defined ((herein)) in this section shall be given the meaning set forth in the Cable Act. Words not defined in this chapter or the Cable Act shall be given their common and ordinary meaning.
A. "Abandonment" means failure by the franchisee to operate the entire cable system for ten consecutive days without just cause. "Just cause" ((shall)) includes circumstances beyond the franchisee's control, such as natural disasters and material breakdown of the system that is not the result of the franchisee's fault or negligence.
B. "Access channel" means any channel or bandwidth on a cable system set aside for any combination of public, educational, and((/or)) governmental use.
C. "Basic cable service" means any service tiers ((which)) that include the retransmission of local television broadcast signals.
D. "Bulk rate" means a rate charged to an owner of a structure or parcel of land containing multiple dwelling units in return for the provision of cable service to those units.
E. "Cable Act" means the Cable Communications Policy Act of 1984, codified at 47 U.S.C. Secs. 521 et seq., and as hereafter may be amended.
F. "Cable manager" means the director of the department of ((information technology)) executive services or ((the director's)) designee.
G. "Cable office" means the ((cable section)) franchise unit of the facilities management division of the department of ((information technology)) executive services.
H. "Cable rules" means rules promulgated by the director of the department of ((information technology)) executive services or ((the director's)) designee for the purpose of administering the terms and requirements of this chapter.
I. "Cable service" means the transmission of video or other service over a cable system to subscribers together with any subscriber interaction provided in connection with such service.
J. "Cable system" means a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service that includes video programming and that is provided to subscribers within King County. ((A)) "((c))Cable system" does not include:
1. ((a)) A facility that serves only to retransmit the television signals of one or more television broadcast stations;
2. ((a))A facility that serves only subscribers in one or more multiple unit dwellings under common ownership, control, or management, unless ((such)) the facility uses any public right-of-way;
3. ((a))A facility of a common carrier that is subject, in whole or in part, to the provisions of Title II of the Communications Act of 1934, codified at 47 U.S.C. Sec 201 et seq., except that such facility will be considered a cable system to the extent it is used in the transmission of video programming directly to subscribers; or
4. ((a))Any facilities of any electric utility used solely for operating its electric utility systems.
K. "Channel" means a portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel, as television channel is defined by the FCC by regulation.
L. "Commercial rate" means a rate charged to a business in return for the provision of cable service to that business.
M. "Disabled subscriber" means a subscriber with a physical or mental impairment that substantially limits one or more of the major life activities of ((such individual)) the subscriber.
N. "Equitable price" means the price that a willing buyer would pay to a willing seller for a going concern, less any value attributed to the franchise itself, less the amount of harm to the community, and less any expenses incurred by the county as result of the actions giving rise to the revocation.
O. "Fair market price" means the price that a willing buyer would pay to a willing seller for a going concern, less any value attributed to the franchise itself.
P. "FCC" means the Federal Communications Commission and any legally appointed, designated or elected agent or successor.
Q. "Franchise" means the right granted by the county to a franchisee to construct, reconstruct, repair, maintain and operate a cable system over, on, along, or under any public rights-of-way within all or specified areas within unincorporated areas of the county. ((The term)) "Franchise" does not include any license or permit required by other laws, ordinances or rules of the county for the privilege of transacting and carrying on a business within the county, or for construction, reconstruction, repair, or maintenance on, over, or under or use of any public rights-of-way.
R. "Franchise agreement" means a document entered into between the county and a franchisee that sets forth the terms and conditions under which the franchise will be exercised.
S. "Franchisee" means any person granted a franchise pursuant to this chapter who has entered into a franchise agreement with King County.
T. "Gross revenues" means the annual gross revenue of the franchisee from all sources in the operation of the cable communications system, excluding any bad debt, sales tax, excise tax, or other taxes collected for direct pass-through to local, state, or federal government.
U. "Installation" means either the connection ((and/))or the activation, or both, of the system from feeder cable to subscriber terminals.
V. "Institutional network" means any combination of a voice, a data and((/or)), and a video communications system, whether physically integrated with a cable system or not, that is constructed, operated, or maintained by a franchisee, whose transmissions are principally available to persons other than cable television subscribers.
W. "Interconnect means" the sharing of any combination of video, audio, and((/or)) data transmissions between two or more cable systems, institutional networks, and((/or)) users.
X. "Minority persons" means African((-)) Americans, Hispanics, Mexican((-)) Americans, Asian((-)) Americans, Pacific Islanders, American Indians, and Alaska Natives.
Y. "Person" means any individual, corporation, partnership, limited partnership, association, joint venture, organization, or any other legal entity of any kind, and any lawful trustee, successor, assignee, transferee, or personal representative thereof.
Z. "Public rights-of-way" means the surface of and the space along, above, and below any street, road, highway, freeway, lane, sidewalk, alley, court, boulevard, parkway, drive, utility easement, and road right-of-way now or hereafter held or administered by the county.
AA. "Senior citizen subscriber" means a subscriber sixty-five years ((of age)) old or ((over)) older.
BB. "Subscriber" means any person who legally receives cable service delivered over the cable system.
CC.1. "Transfer" means any transaction in which:
((1.)) a. an ownership or other interest in a franchisee is transferred from one person to another person so that control of the franchisee is transferred, or
((2.)) b. the rights held by the franchisee under a franchise agreement are transferred or assigned, in whole or in part, to another person.
((Provided)) 2.a. However, the transfer of ownership or other interest in a franchisee between members of the same immediate family shall not be a "transfer" for the purpose of this chapter so long as the county is notified of the fact of the transfer of ownership or other interest no later than fourteen (((14))) days ((prior to)) before the transfer of ownership or other interest, except where the transfer of ownership or other interest occurs due to death or disability, in which case the county shall be notified within fourteen (((14))) days after the transfer of ownership or other interest. The franchisee shall ((insure)) ensure that its insurance coverage and all other commitments continue in force without interruption and provide evidence of the same to the county.
b. For the purposes of this ((provision)) subsection CC.2., a transfer shall be deemed to be between members of the same family if the transferee is the spouse, parent, sibling, adopted or natural child or other lineal descendant of the transferor, or if the transferee is a trust established for the benefit of such a person or for the benefit of the transferor. If the ownership or other interest in the franchisee is held by the trustee of a trust, then a transfer shall be deemed to be between members of the same family if the transferee is the spouse, parent, sibling, adopted or natural child or other lineal descendant of any other beneficiary of the trust, or any trust created for the benefit of such a person.
((Provided further that)) 3. Also, the transfer of ownership or other interest in a franchisee in connection with an internal reorganization or internal merger to a direct or indirect parent, subsidiary, or affiliated entity under common control with the franchisee shall not be a "transfer" for the purpose of this chapter so long as:
((1.)) a. the county is notified of the proposed transfer no later than thirty (((30))) days ((prior to)) before the transfer of ownership or other interest;
((2.)) b. the transferee shall ((insure)) ensure that insurance coverage and all other commitments under the franchise agreement continue in force and without interruption and provide evidence to the same of the county no later than thirty (((30))) days ((prior to)) before the proposed transfer; and
((3.)) c. there is no increased risk of liability to the county or nonperformance of the terms of the franchise agreement.
DD. "Two-way capability" means the capacity for two-way transmission, over the cable system.
EE. "Video programming vendor" means a person engaged in the production, creation, or wholesale distribution of video programming for sale.
SECTION 14. Ordinance 10159, Section 16, as amended, and K.C.C. 6.27A.140 are hereby amended to read as follows:
A.1. A franchisee must charge uniform prices throughout the geographic area in which cable service is provided over its cable system, except that different rates may be offered to commercial rate subscribers((,)) and ((provided further that)) reduced rates may be offered to:
a. new subscribers,
b. subscribers adding a service that they have not previously received, or
c. disabled, senior citizen, low income, or bulk rate subscribers.
2. To the extent provided by federal law, a franchisee may change its rates and charges only if it has given a minimum of thirty calendar days' prior written notice to subscribers and the cable office.
B. The county may regulate rates except to the extent it is prohibited from doing so by state or federal law. Any regulated rate shall be adopted by ordinance and shall be processed in accordance with the provisions of K.C.C. 20.22.060. The cable office shall promptly notify the hearing examiner of any proposed rate changes. The director of the department of ((information technology)) executive services is authorized to issue an order to toll the effective date of proposed rates in accordance with the provisions of the FCC rules and to take any other action necessary to implement rate regulation. The director of the department of ((information technology)) executive services shall adopt rules governing the regulation of rates that:
1. Are consistent with the FCC's regulations;
2. Provide a reasonable opportunity for consideration of the views of interested parties; and
3. Establish procedures analogous to those set forth by the FCC governing
requests that proprietary information produced in the course of a rate proceeding be treated as confidential, to the extent permitted by law.