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(a) On behalf of the participating municipalities, the County must assure that:
(1) the original cable system is constructed within municipal boundaries as soon as it is constructed in adjacent areas;
(2) there is no discrimination against participating municipalities in the array of channels and services offered; and
(3) there is reasonable technical support and access channel capacity available for municipal programming.
(b) (1) The County must pay a portion of gross franchise fee revenues to each participating municipality. The portion is equal to 70 percent of the municipality’s share of gross franchise fee revenues. The municipality’s share is the same percentage of gross franchise fee revenues as the percentage of all cable subscribers in the County who live in the municipality. The County must retain the remaining 30 percent of the municipality’s share as compensation for administering the franchise for the participating municipality and for County expenses for use of the cable system for public and educational purposes. For example, if 1 percent of all subscribers in the County live in a participating municipality, the County must pay 0.70 percent of gross franchise fee revenues to the municipality.
(2) The County must pay participating municipalities periodically, at least once a year, for franchise fee revenues received during the preceding period.
(c) Any cable advisory committee or board created by the County must include a voting representative designated by the Montgomery County Chapter of the Maryland Municipal League, the City of Rockville and the City of Takoma Park, if the advisory committee or board to be concerned with franchises or cable operations in which those entities, or their members, are participating municipalities. (FY 1991 L.M.C., ch. 3, § 1; 1998 L.M.C., ch. 10, § 1; 2006 L.M.C., ch. 34, § 1.)
(a) Established. The Cable and Communications Advisory Committee may provide advice and recommendations to the County Executive, County Council, and the Department of Technology and Enterprise Business Solutions on all telecommunications issues, including the administration of this Chapter and any franchise agreement or application. The Committee must not engage in any advocacy activity at the State or federal levels unless that activity is approved by the Office of Intergovernmental Relations.
(b) The Advisory Committee should meet quarterly or more frequently if requested by the County Executive or County Council or if the Chair or Committee finds it necessary.
(c) The Advisory Committee must have 9 voting members appointed by the Executive and confirmed by the Council for 3-year terms. The members should broadly represent technology areas.
(d) The Executive must appoint one representative selected by the Montgomery County Chapter of the Maryland Municipal League, one representative selected by the City of Rockville, and one representative selected by the City of Takoma Park. However, if any of these organizations do not provide a representative, the representative may be selected from the public at large.
(e) The Executive must appoint 6 members selected from the public at large.
(f) The members annually must elect the chairperson and vice chairperson of the Committee. A person must not serve more than 2 consecutive terms as chairperson.
(g) Members are subject to Chapter 19A. (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; 2005 L.M.C., ch. 24, § 1; 2006 L.M.C., ch. 34, § 1; 2006 L.M.C., ch. 33, § 1; 2016 L.M.C., ch. 2, § 1; 2016 L.M.C., ch. 15, § 1; 2018 L.M.C., ch. 25, § 1; 2021 L.M.C., ch. 10, §1.)
Editor’s note—Section 8A-30, formerly 8A-31, was renumbered 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.
(a) Established. The Cable Compliance Commission is established to adjudicate subscriber complaints involving customer cable service and other consumer protection claims that arise under this Chapter, any regulation adopted or franchise agreement approved under this Chapter, or Section 11-4A.
(b) Membership. The Commission is comprised of 5 voting members appointed by the County Executive and confirmed by the County Council. Each appointee must be appointed to a 3-year term. The Commission should include:
(1) a cable television service subscriber;
(2) a broadband Internet service subscriber;
(3) an individual with general business experience; and
(4) an individual with technical experience in communications.
(c) Officers. The Commissioners annually must elect a chair and vice chair of the Commission. An individual must not serve more than 2 consecutive terms as chair.
(d) Reserved.
(f) Authority. The Commission may:
(1) Require a franchisee to provide a refund to a complainant.
(2) Appoint a qualified person to mediate a case if the complainant and respondent agree to binding or non-binding mediation. A consent order resulting from mediation and approved by the Commission is an order of the Commission. If the mediator or the Commission finds that the parties are not likely to agree to a mediated consent order within a reasonable time, the Commission must decide the case.
(3) Order a franchisee to pay damages of up to $1,000 to a person injured or aggrieved by the franchisee’s actions. This limit applies separately to each violation.
(g) Hearing Procedures.
(1) The Administrative Procedures Act (Article II of Chapter 2A) applies to a complaint filed with the Commission and governs the Commission’s hearings and decisions, unless otherwise expressly provided in this Chapter. The Commission may issue procedural rules under method (2) to implement this subsection.
(2) Before filing a complaint with the Commission, a complainant must file the complaint with the county cable administrator. If the cable administrator is unable to resolve the complaint to the complainant’s satisfaction within 30 days, the complainant may file the complaint with the Commission.
(3) If the Commission decides to conduct a public hearing on the complaint, the Commission must notify the complainant, the franchisee, the county cable administrator or the County’s Chief Information Officer (CIO), and any other person that Commission rules require to be notified. Except as provided in Section 2A-9, the notice must be sent at least 15 days before the hearing. The Commission may hold a hearing at the request of any party to the complaint (which may include the cable administrator or CIO) or on the Commission’s own initiative, or may decide a complaint without a hearing.
(h) Legal representation. The County Attorney must provide legal advice and representation to the Commission and must enforce any Commission order. The County Attorney may represent the interests of the County in any proceeding before the Commission, consistent with policies established by the Council.
(i) Conflicting subscriber agreement. Any provision in a subscriber agreement, whether written or oral, that conflicts with this Chapter, a franchise agreement, or any regulation or other legal requirement is unenforceable. An unenforceable provision does not affect other provisions of the subscriber agreement that can be given effect without the unenforceable provision. “Subscriber agreement” includes any agreement that the franchisee requires a subscriber to agree to as a condition of receiving cable service or any other products and services.
(j) Fee. The Executive may issue regulations under method (3) setting a reasonable fee for filing a complaint with the Commission. The filer must pay the fee to the County when filing a complaint. The Commission, cable administrator, or CIO may waive the filing fee upon request if the fee would be a financial hardship for the complainant. If the parties agree to a consent order after mediation, the Commission may refund the filing fee. The Commission may order the losing party to pay another party’s filing fees or other reasonable expenses related to the hearing, including attorney’s fees, in addition to ordering payment of damages.
(k) Staff and other support. The Chief Administrative Officer must provide the services and County facilities that are reasonably necessary for the Commission to perform its duties. (2002 L.M.C., ch. 31, § 1; 2005 L.M.C., ch. 14, §§ 1, 2; 2005 L.M.C., ch. 24, § 1; 2006 L.M.C., ch. 34, § 1; 2016 L.M.C., ch. 2, § 1.)
Editor’s note—Section 8A-31, formerly 8A-31A, 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, making Section 8A-31, Cable Compliance Commission, permanent..
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, must be 3 years.
Sec. 4. Expiration date. This Act expires on December 31, 2005.
(a) The County may contract with one or more community media organizations using funds from the Cable TV Special Revenue Fund or any other funds the County designates for community media in the approved County budget and under the County cable communications plan. Unless prohibited or otherwise limited under its contract with the County, the cable communications plan, or any executive regulation, a community media organization may also receive revenues from other sources.
(b) The purpose of a community media organization is to provide community media training, equipment, facilities, centers, and community media engagement platforms to enable residents, businesses and community organizations to engage with, connect to, and inform other residents, businesses, community organizations, governments and agencies by using community media. Supporting community engagement, communication, and education through community media and use of community media engagement platforms builds better understanding among a diverse population, increases opportunities for participation in and awareness of local culture and government, and promotes quality of life and economic development.
(c) The County may require a community media organization to perform one or more of the following functions as specified in the contract between the County and the community media organization:
(1) manage the community media engagement platforms, including public access channels assigned to it by the County, community media websites and social media, and manage community media centers, facilities, and equipment;
(2) establish policies and procedures for the use of any community media engagement platform and any community media center, facility, or equipment;
(3) train members of the community in the production of community media and use of any community media engagement platform;
(4) maintain any community media engagement platform and community media center, facility, or equipment for community use, including use by the general public, any community organization, and the business community;
(5) provide technical community media engagement platform and community media center, facility and equipment assistance and support to the County, any participating municipality, and any educational institution;
(6) promote the use and benefits of community media and any community media engagement platform;
(7) produce and distribute local community media, including community news, programs and other media content; and
(8) undertake any other community media-related activity specified by the County as being in the public interest.
(d) A community media organization must:
(1) determine independently in the public interest and without government interference the content and scheduling of programming for any community media engagement platform;
(2) develop and implement policies to ensure fair, non-partisan and unbiased coverage of issues on any community media engagement platform and may not promote the candidacy of any candidate for public office by extending opportunities for use not extended to other candidates for the same office;
(3) develop and implement policies and programs that promote organizational sustainability and viability;
(4) promote and encourage creation of community media content representing a diversity of community interests and needs; and
(5) make a good faith effort to meet the affirmative action and minority, female, and disabled procurement goals that apply to County government.
(e) Any officer, director, or executive director of a community media organization must annually disclose, confidentially and in writing, any communications-related activity or interest to the governing board of directors for the community media organization.
(f) A community media organization must provide a copy of its current articles of incorporation and bylaws to the County Executive and the County Council before the organization contracts with the County. Any proposed amendments must be submitted to the County Executive and County Council for review and comment at least 60 days before the organization takes final action on the amendment. The organization must submit a copy of all adopted amendments to the Executive and the Council within 5 working days of adoption. The organization’s articles of incorporation and bylaws are subject to all County laws, including those enacted after the County contracts with the organization.
(g) A community media organization must provide the County with regular and complete financial reports as well as all other reports required under its contract with the County.
In addition, it must provide the County with an annual independent audit, including a copy of any accompanying management letter. (FY 1991 L.M.C., ch. 3, § 1; 1996 L.M.C., ch. 18, § 1; 2014 L.M.C., ch. 23, § 1; 2018 L.M.C., ch. 7, §1.)
Editor’s note—See County Attorney Opinion dated 6/12/08 regarding Montgomery Community Television’s lack of authority to require members to pay dues.