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It is unlawful for any person to solicit, accept, or offer any gift, favor, loan, service, promise, employment, or anything of value to a County official or employee, or for a County official or employee to solicit or accept anything of value, for the purpose of influencing the grant, modification, renewal, transfer, or any other matter affecting a franchise or the administration or enforcement of this Chapter. (FY 1991 L.M.C., ch. 3, § 1; 2006 L.M.C., ch. 34, § 1.)
Editor’s note—Section 8A-26, formerly 8A-27, was renumbered pursuant to 2006 L.M.C., ch. 34, § 1.
(a) All access grants, franchise fees, and other moneys received by the County from any franchisee may be spent only under a budget approved by the Council and in accordance with the County cable communication plan.
(b) The cable communications plan must be proposed by the County Executive to the Council annually and may be amended at any time. The County Executive should consult with the franchisee and the appropriate persons in the preparation of the plan or any amendments to it.
(c) Except as provided in subsection (f), the cable communications plan is subject to County Council approval. If the Council does not act on the plan within 75 days after receiving the plan, the plan is approved as submitted. The Council by resolution may extend the time for action on the plan for up to 15 days. The Council may approve, disapprove, or amend any plan that is subject to Council approval. The Council should consider a plan at a level of detail and according to procedures similar to the detail and procedures the Council uses to adopt the County budget. Any reference in this subsection to a cable communications plan also includes any amendment to a plan.
(d) Upon approval of the cable communications plan or plan amendment by the Council, it must be delivered to the County Executive, who, within 10 days, may disapprove or reduce any item of expenditure. Upon disapproval or reduction of any item, the County Executive must return the plan or plan amendment to the Council with the reasons for the disapproval or reduction stated in writing. The Council may, within 30 days of receipt of the stated reasons for disapproval or reduction, approve any item by 6 affirmative votes notwithstanding the County Executive's objections.
(e) The County Executive may amend the cable communications plan without Council approval to transfer up to 10% of a grant from one major activity to another or between activities within the plan. (FY 1991 L.M.C., ch. 3, § 1; 1998, L.M.C., ch. 10, § 1; 2006 L.M.C., ch. 34, § 1.)
Editor’s note—Section 8A-27, formerly 8A-28, was renumbered pursuant to 2006 L.M.C., ch. 34, § 1.
(a) The County may administer and enforce a cable television franchise and franchise agreement on behalf of a municipality that adopts this Chapter and enters into an agreement with the County governing administration and enforcement. The County must consult with and coordinate its actions on major regulatory or administrative matters with the affected participating municipalities.
(b) The County Executive must administer and enforce this Chapter and any franchise agreement, including:
(1) adjusting any rate of interest, fee, bond, or insurance coverage amount to comply with the highest minimum requirements of this Chapter or a franchise agreement;
(2) except as provided in Section 8A-31, establishing procedures for conducting public hearings and other proceedings required by this Chapter or a franchise agreement;
(3) except as provided in Section 8A-31, conducting public hearings, including designating hearing officers;
(4) adopting regulations under method (2) to implement federal law, this Chapter, and all franchise agreements, except that the Executive must issue regulations establishing application filing fees under method (3);
(5) coordinating management and operation of County government access channels;
(6) providing technical, programming, and operational support to public agency users of a cable system;
(7) planning and evaluating cable use and the development of cable services;
(8) approving a transfer of an interest in a franchisee;
(9) approving modifications of a franchise agreement that do not substantially alter material provisions of the franchise; and
(10) issuing requests for proposals for franchises.
(c) Actions by the County Executive in the following matters are subject to approval and modification by the Council:
(1) granting or renewing a franchise;
(2) approving transfer of a franchise;
(3) revoking a franchise;
(4) buying or selling a cable system by the County; and
(5) modifying a franchise agreement in a manner that substantially alters material provisions of the franchise.
(d) Any action by the County Executive that requires approval of the Council is deemed approved by the Council unless disapproved within 60 days after the Council receives the County Executive's recommended action. The 60-day period does not include any week when the Council does not meet in regular session. The Council by resolution may extend the deadline for action for no more than one additional 60-day period.
(e) The County Executive must transmit a copy of all amendments to a franchise agreement considered not to substantially alter material provisions of the franchise to the Council and each participating municipality for their information within 15 days of their execution.
(FY 1991 L.M.C., ch. 3, § 1; 1998 L.M.C., ch. 18, § 2; 2002 L.M.C., ch. 31, § 1; 2005 L.M.C., ch. 14, § 2; 2006 L.M.C., ch. 34, § 1.)
Editor’s note—Section 8A-28, formerly 8A-29, was renumbered and amended pursuant to 2006 L.M.C., ch. 34, § 1.
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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