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(a) Within 3 months of the close of its fiscal year, a franchisee must file with the County and each participating municipality an annual report that includes the information required in the franchise agreement.
(b) A franchisee must maintain a complete set of books and records available for inspection by the County during normal business hours.
(c) Upon written request of the franchisee and approval by the County Attorney, information of a proprietary nature submitted to the County under this Chapter or a franchise agreement must not be made available for public inspection. (FY 1991 L.M.C., ch. 3, § 1.)
(a) A franchisee must maintain in its franchise area a business office open during normal business hours with a listed local telephone number and a sufficient number of telephone lines to allow reasonable access by subscribers and members of the public. When the business office is closed, the franchisee must have an answering machine or service to take complaints and inquiries.
(b) A franchisee must have personnel and equipment available at all times to locate and correct major system malfunctions. Major system malfunctions must be corrected without delay. Corrective action for all other malfunctions must be initiated as provided in the franchise agreement but not later than the next business day after the subscriber service call is received. Corrective action must be completed as promptly as possible.
(c) A franchise agreement must include procedures to investigate and resolve all complaints, including those regarding the quality of service and equipment malfunction.
(d) A franchisee must provide each subscriber at the time cable service is installed written instructions for placing a service call, filing a complaint, or requesting an adjustment. These instructions must include the name, address, and telephone number of the County office designated to handle subscriber complaints. Each subscriber must also be provided with a schedule of the subscriber's rates and charges, a copy of the service contract, delinquent subscriber disconnect and reconnect procedures, and a description of any other relevant franchisee subscriber policies. The franchisee must provide to the County a copy of all forms describing customer service policies and procedures when they are distributed to subscribers, and if possible, should provide these forms to the County before they are distributed. All forms must be conspicuously posted in the franchisee's local business office.
(e) A franchisee may interrupt service on the cable system only for good cause and, except in emergency situations, only after prior notice to subscribers and the County of the anticipated service interruption. Any interruption must be for the shortest time possible.
(f) A franchisee must maintain a complete record of service complaints received and action taken. These records must be open to the County for inspection during normal business hours. A monthly summary of such records must be submitted to the County by all franchisees except limited franchisees. A limited franchisee must submit reports as required in the franchise agreement. Complaint records must be retained for 3 years.
(g) (1) A franchisee must promptly remove all its facilities and equipment from the subscriber's premises if service is terminated and the subscriber requests removal.
(2) Notwithstanding paragraph (1), a franchisee may disconnect and abandon facilities and equipment where removal is impractical, such as with buried cable or internal wiring. (FY 1991 L.M.C., ch. 3, § 1; 2006 L.M.C., ch. 34, § 1.)
(a) Unless approved by the County and to the extent consistent with federal law, a franchisee must not, in its cable service rates or charges, or in the availability of its cable services, or in any other respect, grant undue preferences or advantages to any subscriber or potential subscriber, or to any user or potential user, nor subject any of these persons to any undue prejudice or any disadvantage. Unless prohibited by applicable federal law, the County may require the franchisee to have a uniform rate structure for its cable services throughout the franchise area. A franchisee must not deny, delay, or otherwise burden service or discriminate against subscribers or users on the basis of age, race, religion, color, sex, sexual orientation, gender identity, handicap, national origin, or marital status, except for discounts for the elderly and handicapped, as defined in Chapter 27.
(b) A franchisee must not deny cable service to any potential subscriber because of the income of the residents of the area in which the subscriber resides.
(c) (1) Except as provided in paragraphs (2) and (3) of this subsection, a franchisee must not enter into an agreement with a programming service or broadcast station that provides for:
(A) the exclusive distribution or retransmission of programming by the franchisee within any area of the County; or
(B) a refusal by the programming service or broadcast station to deal with a competing multichannel provider in the County.
(2) The prohibition contained in paragraph (1) may not be construed to apply to a provision in an agreement that provides for bona-fide volume discounts that are either cost-based or which otherwise would be applied equally to both affiliated or unaffiliated customers of the programming service or broadcast station.
(3) This subsection does not apply to any agreement between a franchisee and a programming service or broadcast station entered into before July 21, 1992. It does apply to any subsequent amendments that extend the term of the agreement. Any subsequent renewal of a franchise by the County after that date must be conditioned on compliance with paragraph (1) with regard to all programming, including any agreement entered into on or before July 21, 1992.
(FY 1991 L.M.C., ch. 3, § 1; 1993 L.M.C., ch. 15, § 1; 2006 L.M.C., ch. 34, § 1; 2007 L.M.C., ch. 18, § 1; 2019 L.M.C., ch. 26, §1.)
Editor’s note—Section 8A-15 is quoted in Doe v. Montgomery County Board of Elections, 406 Md. 697, 962 A.2d 342 (2008) and cited in Conaway v. Deane, 401 Md. 219, 932 A.2d 571 (2007).
2019 L.M.C., ch. 26, § 2, states: This Act is known as the “Montgomery County CROWN (Creating a Respectful and Open World for Natural Hair) Act.”
(a) A franchisee must protect the privacy of all subscribers under Section 631 of the Cable Act. A franchisee must not condition subscriber service on the subscriber's grant of permission to disclose information, which, cannot be disclosed without the subscriber's explicit consent under federal law.
(b) A person must not intercept or use any video, voice, or data signal transmissions over a cable system, unless the interception or use is authorized by the franchisee or other person having the lawful right to authorize the reception or use. A violation of this subsection is a Class A offense. (FY 1991 L.M.C., ch. 3, § 1.)
(a) A franchisee must use, with the owner's permission, existing poles, conduits or other facilities whenever possible. Copies of agreements for use of poles, conduits or other facilities must be filed with the County as required by the franchise agreement.
(b) All transmission lines, equipment and structures must be installed and located to cause minimum interference with the rights and reasonable convenience of property owners.
(c) Suitable safety devices and practices as required by local, County, state and federal laws, regulations, and permits must be used during construction, maintenance, and repair of a cable system.
(d) A franchisee must remove, replace, or modify at its own expense any of its facilities in a public right-of-way when the County requires it to do so, to allow the County to change, maintain, repair or improve a public thoroughfare.
(e) The franchisee must put the cable underground at its expense on streets and roads where both electrical and telephone utility wiring are underground, and must move the cable underground after initial installation when electrical and telephone utility wiring are moved underground. The franchisee must put the cable underground between a street or road and a subscriber's residence if both electrical and telephone utility wiring are underground. A franchisee may install aerial cable if either electric or telephone utility wiring is aerial, except where a property owner or resident requests underground installation and agrees to pay the additional cost over aerial installation.
(f) A franchisee must obtain any required permits before starting construction work on public and private property and must restore the public and private property to their former condition after construction is completed. The County, or private property owner may, after prior notice to the franchisee, repair any damage done by the franchisee at the franchisee's expense if restoration is not satisfactorily performed within a reasonable time.
(g) Subject to the supervision and direction of the County, a franchisee may trim trees within public rights-of-way at its own expense as necessary to protect its wires and facilities. A franchisee may trim trees on private property with the consent of the property owner.
(h) At the request of any person holding a valid building moving permit and upon sufficient notice, the franchisee must temporarily raise, lower or cut its wires as necessary to facilitate a move. The direct expense of these temporary changes, including standby time, must be paid by the permit holder. The franchisee may require payment in advance. (FY 1991 L.M.C., ch. 3, § 1.)
(a) Any cable system constructed in the County must meet or exceed the technical standards under applicable law. All television signals transmitted on a cable system must include any closed captioning information for the hearing impaired. Antennas, supporting structures, and outside plant used in the cable system must comply with the recommendations of the Electronics Industries Association and applicable federal and local regulations on tower structures and outside plant.
(b) All construction, installation and maintenance must comply with the National Electrical Safety Code, the National Electric Code, the Bell System Code of Pole Line Construction, all state and local regulations, and accepted industry practices.
(c) The franchisee must perform at its expense proof of performance tests designed to demonstrate compliance with the requirements of applicable law at the stages of construction specified in the franchise agreement. The franchisee must provide the proof of performance test results promptly to the County.
(d) The County may require periodic proof of performance tests to be performed at the expense of the franchisee after the completion of construction. The franchisee must provide the test results promptly to the County.
(e) The franchisee must advise the County when a proof of performance test is scheduled so that the County may have an observer present. (FY 1991 L.M.C., ch. 3, § 1; 2006 L.M.C., ch. 34, § 1.)
(a) The franchisee must post with the County, and maintain at all times during the term of the franchise, a cash security deposit in the amount specified in the franchise agreement. The County must hold the security deposit as security for:
(1) faithful performance of all applicable provisions of law and the franchise agreement;
(2) compliance with all orders, permits, and directions of the County; and
(3) payment by the franchisee of any claims, liens, or taxes due to the County because of the construction, operation or maintenance of the system.
(b) The County must place any security deposit in an interest bearing account such as those in which the County general funds are located. The interest will accrue to the benefit of the franchisee but may not be withdrawn. All interest is added to and becomes part of the original security deposit during the term of the franchise.
(c) The County may immediately withdraw an appropriate amount, including interest and penalties, from the security deposit if:
(1) after 10 days notice the franchisee fails to pay to the County any fees or taxes due and unpaid, liquidated damages, damages, or costs or expenses that the County is compelled to pay by reason of any act or default of the franchisee in connection with this franchise; or
(2) after 30 days notice to the franchisee, the franchisee fails to comply with any provision of the franchise that the County reasonably determines can be remedied by an expenditure of the security deposit.
The County must promptly notify the franchisee of the amount and date of any withdrawal.
(d) Within 30 days after the County gives notice that an amount has been withdrawn from the security deposit, the franchisee must deposit a sum of money equal to the amount withdrawn. If the franchisee does not deposit the required amount within 30 days, the entire security deposit remaining may be forfeited. In addition, that failure is a violation of this Chapter for which the County may revoke the franchise or take any other enforcement action.
(e) The security deposit is the property of the County if the franchise is revoked. The County must return the security deposit to the franchisee after the franchise is terminated if there is no outstanding default or unpaid amounts owed to the County by the franchisee.
(f) The rights reserved to the County with respect to the security deposit are in addition to all other rights of the County under this Chapter or other law. An action, proceeding, or exercise of a right with respect to the security deposit does not affect any other right the County may have.
(g) The requirements of this Section may be waived only with the Council’s approval. (FY 1991 L.M.C., ch. 3, § 1; 2002 L.M.C., ch. 31, § 1; 2005 L.M.C., ch. 14, § 2.)
Editor’s note—2006 L.M.C., ch. 34, § 3, repeals 2002 L.M.C., ch. 31, § 4, as amended by 2005 L.M.C., ch. 14, § 2.
2005 L.M.C., ch. 14, § 2, amends 2002 L.M.C., ch. 31, § 4, as follows: Expiration date. This act expires on December 31, 2008.
2002 L.M.C., ch. 31, §§ 2, 3 and 4, state:
Sec. 2. Service-level requirements for cable modem service. The County Executive must issue regulations under method (2) establishing minimum cable modem service levels that a franchisee must provide. The regulations supersede any less-stringent requirements in a franchise or subscriber agreement.
Sec. 3. Transition.
(a) This Act applies to each current or future franchise, franchisee, subscriber, or other person subject to the requirements of the County Cable Communications Act, as amended by this and any future Act, and supersedes any contrary regulation, franchise, franchise agreement, subscriber agreement, or other agreement. The complaint adjudication provisions in Chapter 8A of the Code, as amended by this Act, apply to any complaint pending on, or filed on or after, the date this Act takes effect [March 6, 2003]. Section 8A-31A(i) applies to any subscriber agreement modified or entered into after this Act becomes law [December 5, 2002].
(b) The County Executive must designate the initial term of 2 members of the Cable Compliance Commission as 2 years. Any later term of these 2 members, and the terms of all other members, mut be 3 years.
Sec. 4. Expiration date. This Act expires on December 31, 2005.
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