(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.