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COMCOR - Code of Montgomery County Regulations
COMCOR Code of Montgomery County Regulations
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CHAPTER 1. GENERAL PROVISIONS - REGULATIONS
CHAPTER 1A. STRUCTURE OF COUNTY GOVERNMENT - REGULATIONS
CHAPTER 2. ADMINISTRATION - REGULATIONS
CHAPTER 2B. AGRICULTURAL LAND PRESERVATION - REGULATIONS
CHAPTER 3. AIR QUALITY CONTROL - REGULATIONS
CHAPTER 3A. ALARMS - REGULATIONS
CHAPTER 5. ANIMAL CONTROL - REGULATIONS
CHAPTER 8. BUILDINGS - REGULATIONS
CHAPTER 8A. CABLE COMMUNICATIONS - REGULATIONS
CHAPTER 10B. COMMON OWNERSHIP COMMUNITIES - REGULATIONS
CHAPTER 11. CONSUMER PROTECTION - REGULATIONS
CHAPTER 11A. CONDOMINIUMS - REGULATIONS
CHAPTER 11B. CONTRACTS AND PROCUREMENT - REGULATIONS
CHAPTER 13. DETENTION CENTERS AND REHABILITATION FACILITIES - REGULATIONS
CHAPTER 15. EATING AND DRINKING ESTABLISHMENTS - REGULATIONS
CHAPTER 16. ELECTIONS - REGULATIONS
CHAPTER 17. ELECTRICITY - REGULATIONS
CHAPTER 18A. ENERGY POLICY - REGULATIONS
CHAPTER 19. EROSION, SEDIMENT CONTROL AND STORMWATER MANAGEMENT - REGULATIONS
CHAPTER 19A. ETHICS - REGULATIONS
CHAPTER 20 FINANCE - REGULATIONS
CHAPTER 21 FIRE AND RESCUE SERVICES - REGULATIONS
CHAPTER 22. FIRE SAFETY CODE - REGULATIONS
CHAPTER 22A. FOREST CONSERVATION - TREES - REGULATIONS
CHAPTER 23A. GROUP HOMES - REGULATIONS
CHAPTER 24. HEALTH AND SANITATION - REGULATIONS
CHAPTER 24A. HISTORIC RESOURCES PRESERVATION - REGULATIONS
CHAPTER 24B. HOMEOWNERS’ ASSOCIATIONS - REGULATIONS
CHAPTER 25. HOSPITALS, SANITARIUMS, NURSING AND CARE HOMES - REGULATIONS
CHAPTER 25A. HOUSING, MODERATELY PRICED - REGULATIONS
CHAPTER 25B. HOUSING POLICY - REGULATIONS
CHAPTER 26. HOUSING AND BUILDING MAINTENANCE STANDARDS - REGULATIONS
CHAPTER 27. HUMAN RIGHTS AND CIVIL LIBERTIES - REGULATIONS
CHAPTER 27A. INDIVIDUAL WATER SUPPLY AND SEWAGE DISPOSAL FACILITIES - REGULATIONS
CHAPTER 29. LANDLORD-TENANT RELATIONS - REGULATIONS
CHAPTER 30. LICENSING AND REGULATIONS GENERALLY - REGULATIONS
CHAPTER 30C. MOTOR VEHICLE TOWING AND IMMOBILIZATION ON PRIVATE PROPERTY - REGULATIONS
CHAPTER 31. MOTOR VEHICLES AND TRAFFIC - REGULATIONS
CHAPTER 31A. MOTOR VEHICLE REPAIR AND TOWING REGISTRATION - REGULATIONS
CHAPTER 31B. NOISE CONTROL - REGULATIONS
CHAPTER 31C. NEW HOME WARRANTY AND BUILDER LICENSING - REGULATIONS
CHAPTER 33. PERSONNEL AND HUMAN RESOURCES - REGULATIONS
CHAPTER 33B. PESTICIDES - REGULATIONS
CHAPTER 35. POLICE - REGULATIONS
CHAPTER 36. POND SAFETY - REGULATIONS
CHAPTER 38A. RADIO, TELEVISION AND ELECTRICAL APPLIANCE INSTALLATION AND REPAIRS - REGULATIONS
CHAPTER 40. REAL PROPERTY - REGULATIONS
CHAPTER 41. RECREATION AND RECREATION FACILITIES - REGULATIONS
CHAPTER 41A. RENTAL ASSISTANCE - REGULATIONS
CHAPTER 42A. RIDESHARING AND TRANSPORTATION MANAGEMENT - REGULATIONS
CHAPTER 44. SCHOOLS AND CAMPS - REGULATIONS
CHAPTER 44A. SECONDHAND PERSONAL PROPERTY - REGULATIONS
CHAPTER 45. SEWERS, SEWAGE DISPOSAL AND DRAINAGE - REGULATIONS
CHAPTER 47. VENDORS - REGULATIONS
CHAPTER 48. SOLID WASTES - REGULATIONS
CHAPTER 49. STREETS AND ROADS - REGULATIONS
CHAPTER 50. SUBDIVISION OF LAND - REGULATIONS
CHAPTER 51 SWIMMING POOLS - REGULATIONS
CHAPTER 51A. TANNING FACILITIES - REGULATIONS
CHAPTER 52. TAXATION - REGULATIONS
CHAPTER 53. TAXICABS - REGULATIONS
CHAPTER 53A. TENANT DISPLACEMENT - REGULATIONS
CHAPTER 54. TRANSIENT LODGING FACILITIES - REGULATIONS
CHAPTER 55. TREE CANOPY - REGULATIONS
CHAPTER 56. URBAN RENEWAL AND COMMUNITY DEVELOPMENT - REGULATIONS
CHAPTER 56A. VIDEO GAMES - REGULATIONS
CHAPTER 57. WEAPONS - REGULATIONS
CHAPTER 59. ZONING - REGULATIONS
CHAPTER 60. SILVER SPRING, BETHESDA, WHEATON AND MONTGOMERY HILLS PARKING LOT DISTRICTS - REGULATIONS
MISCELLANEOUS MONTGOMERY COUNTY REGULATIONS
TABLE 1 Previous COMCOR Number to Current COMCOR Number
TABLE 2 Executive Regulation Number to Current COMCOR Number
TABLE 3 Executive Order Number to Current COMCOR Number
INDEX BY AGENCY
INDEX BY SUBJECT
County Attorney Opinions and Advice of Counsel
Sec. 8A-31. Cable Compliance Commission.
   (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.
   (e)   Ethics.  Each member of the Commission is subject to Chapter 19A.
   (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.