CHAPTER 2

ADMINISTRATION

ARTICLE I. MAYOR AND COUNCIL

Section 201. Compensation

Section 202. Town Manager

Section 203. Police Department

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Section 201 Compensation

The Mayor shall receive as compensation $100.00 per month as salary, payable on a monthly basis. Each Councilmember holding office shall receive as compensation $50.00 per month as salary, payable on a monthly basis. Provided, however, that the monthly compensation of the three persons elected to the Council of Landover Hills in May, 1997 or subsequently appointed to the Council to fill the seats which are subject to election in May, 1997 shall be increased to $100 effective July 1, 1997. The monthly compensation of the Mayor and the three persons elected to the Council in May, 1999 or subsequently appointed to the Council to fill the seats which are subject to election in May, 1999 shall be increased to $175 and $100 respectively commencing July 1, 1999. No change in the amount of compensation may be enacted by the Council of Landover Hills to be effective during their current term of office.

(Ordinance 97-0-01; Effective March 10, 1997)

Section 202 Town Manager

The Town Manager shall perform the following functions:

A. Recommend to the Mayor and Council the classification of positions and compensations therefore and administer any classification system, rate of compensation for employees and disciplinary system

B. Establish qualifications for all employment positions prior to the creation thereof.

C. Supervise the personnel systems pursuant to the personnel regulations of the Town.

D. Recommend measures calculated to increase efficiency and to promote the interests and welfare of the employees.

E. Devise necessary administrative procedures to execute the policies of the Mayor and Council.

F. Administer such rules, regulations and procedures as may be set forth by the Mayor and Council.

G. Supervise the recruiting, examining, investigating and determining the qualifications of all positions in the personnel system.

H. Maintain personnel records as may be necessary.

I. Amend and update the personnel regulations initially enacted by the Mayor and Council and promulgate such changes among all employees of the Town, provided such amendments and updates are in keeping with the policies of the Mayor and Council.

J. Serve as department head of the administrative offices of the Town.

K. Be the supervisor of the other department heads.

L. Perform such other duties as assigned by the Mayor and Council.

(O-04-03)

Section 203 Police Department

A. Authorization of police department.

1. There is hereby established and confirmed a Landover Hills police department headed by a Chief of Police.

2. Subject to specific delegations of authority herein made or hereafter enacted by ordinance or regulation, and further subject to the procedures outlined in the personnel regulations of the Town, the Mayor and Council shall retain all authority necessary to oversee the police department and may, if they so choose, appoint and terminate police officers. However, unless specifically directed otherwise by the council, the chief of police shall report to and be responsible to the Town manager regarding the administration of the police department.

3. The police department shall consist of an Office of the Chief of Police who shall be the department head of the police department and such other patrol officers or investigative units as the Mayor and Council deem appropriate.

B. Establishment of General Orders. The Chief of Police shall promulgate general orders of the police department to govern the conduct of police officers. Such general orders may be approved by the Mayor and Council. However, the Chief of Police has the authority to issue new general orders or to amend existing general orders with the approval of the Town Manager so long as such general orders or amendments thereto are in keeping with the policies of the Mayor and Council. The General Orders currently in effect within the police department are hereby ratified and affirmed.

C. The Chief of Police is hereby delegated the authority to issue such additional instructions, orders, rules and regulations and to take such actions as are authorized, directed or implied which are necessary for the effective and efficient management of the police department and supervision of the police force. Nothing in this delegation shall be deemed to supercede or amend the powers granted to the Town Manager or the Mayor and Council.

D. Appointment of officers, their removal and suspension.

1. The Chief of Police shall be appointed by and serve at the pleasure of the Mayor and Council and may be removed or suspended from office for any reason by the Mayor and Council at any public meeting, unless otherwise provided by the mayor and Town council. When the chief is on leave of absence, suspension, or the position is vacant, the Mayor and Council may name an acting Chief of Police, who will assume the responsibilities of the chief during such temporary absence or vacancy.

2. All other police officers shall be appointed by the Chief of Police with the approval of the Town Manager. Such officers may be removed from office under state law or under the personnel regulations of the Town, or as a result of a reduction in force ordered by the Mayor and Council.

3. Police officers may be suspended from duty with or without pay by the police chief at any time for violation, or pending investigation for possible violation of any law or any of the laws or regulations governing the conduct of employees.

E. Line of command. The Chief of Police shall maintain a roster of officers by rank and seniority in rank and publish it for knowledge of all officers. All police officers shall promptly obey any order emanating from any superior officer in the line of command. In emergencies, in the absence of the Chief of Police from the jurisdiction, or if the officer in charge is unable for any reason to carry out that officer’s duties, the police shall call in a county supervisor for guidance. The Chief of Police, in his temporary absence, may appoint an officer in charge of the department.

F. General police policies, objectives, and functions.

1. Police protection for the Town of Landover Hills is based on a cooperative arrangement between the Prince George’s County Police Department. The Landover Hills police department provides within the Town limits of Landover Hills:

A. All police services normally expected of the county-uniformed police division;

B. More frequent and intensive patrol and faster response to trouble calls than would normally be expected from the county;

C. Limited investigation and follow-up of crimes committed and other criminal activity to supplement and complement county investigation programs;

D. Enforcement of Town ordinances; and

E. Programs to meet the special needs of Landover Hills for police service, crime prevention and public safety.

2. The Landover Hills Police Department’s primary objectives are to assure peace, good order and safety for the public throughout its jurisdiction, and to achieve adherence to Town and County ordinances and state laws. Primary responsibilities include the diligent protection of life and property, public and private, and surveillance of and responsive action with respect to violation of Town and county ordinances and state laws. In addition, the Landover Hills police are expected to provide prompt response to citizens requests for assistance, to the extent that circumstances permit.

3. To the maximum extent practicable and limited only by the resources available at the time, the Landover Hills Police Department will handle all requirements within the Town for police patrol, initial response to requests for police assistance, preliminary investigation of crimes reported or suspected, and other responsibilities normally expected of uniformed police officers.

4. To the extent practicable, Landover Hills police will rely on a friendly persuasion and programs to encourage compliance, rather than on punitive action, as a deterrent to law and ordinance violations. Special emphasis must be made to establish a friendly and cooperative attitude toward all residents under all circumstances. In those instances where these attitudes are not returned, the Landover Hills police are charged with maintaining a professional calm and, under no circumstances will the Landover Hills police engage in abusive verbal exchanges.

G. Duties and Responsibilities.

1. Police officers are considered at all times to be on duty, or subject to call for duty by proper authority or, when in the Town limits, by citizens in trouble. The fact that they may be temporarily off duty or on leave does not preclude them from the responsibility of taking proper police action in any matter coming to their attention requiring such action.

2. Responsibilities of Chief of Police: the Chief of Police is the general executive and administrative officer of the Landover Hills Police Department, and shall:

(a) be fully responsible for its operations, including efficient conduct, control and discipline of the force, subject to the policies, orders, rules and regulations approved by the Mayor and Council, or the Town Manager.

(b) shall take measures as will insure prompt and vigorous enforcement of all criminal statutes, laws, regulations and ordinances applicable to the Town of Landover Hills.

(c) issue orders, rules and regulations necessary to administer the department and not inconsistent with policies, orders, rules and regulations approved by the Mayor and Council or Town Manager.

(d) establish standards of performance and efficiency for all police operations, and will take steps to assure that such standards are maintained through periodic personal observation, and reports of performance and efficiency which will be made available to the Town Manager and the Mayor and Council upon request.

(e) be responsible for the training and refresher training of officers so as to develop and maintain their professional competence. The chief shall provide for specialized training and improvement of probationary officers, and shall report to the Town Manager on the performance evaluation of each probationary officer.

(f) be responsible for exacting from all members of the department strict obedience to the rules of conduct laid down for officers, and for taking prompt action in administering the discipline prescribed for violations of such rules.

(g) proceed immediately to the scene of any riot, tumultuous assembly, dangerous barricade, police officer in trouble, firearms discharge by a police officer, or other unusual occurrence indicating danger to the community, and take command of the police force.

(h) be the custodian of all property coming into the possession of the department and shall be accountable for the same, including safekeeping, proper disposition and maintenance of appropriate property records. The chief shall see that all property used for evidence is returned to its lawful owner when no longer needed as evidence.

(i) periodically inspect all public places within the Town, including public rights-of-way, parks and alleys; the means of entrance and exit to schools and churches; and the quantity, flow and control of traffic for the purpose of assuring public safety. The chief shall develop programs for and shall promote public safety throughout the Town, including meeting with the public, private, business, school and other community groups and individuals to advance community confidence and support in police and public safety programs.

(j) analyze data concerning crime, traffic accidents and other incidents, and otherwise keep abreast of needs and opportunities for new or improved police programs to meet the Town’s policies and objectives, and on the basis of such analysis shall recommend to the Town Manager and the council plans and programs to meet such needs and opportunities.

(k) be responsible for developing and supervising the execution of safety programs within the department for the purpose of reducing hazards and accidents to persons and equipment.

(l) not less than once a month, at irregular and unannounced times, visit all components of the command, inspecting them for the efficiency and effectiveness of their operations and conformity with regulations and orders, initiating corrective action or disciplinary measures where indicated.

(m) assign personnel and hours of duty to most effectively meet the Town’s requirements for police service. The Town Manager shall be kept advised of duty hours and assignments, and consulted where unusual variations and requirements appear necessary.

(n) be alert to grievances of personnel within the department and to complaints concerning the operations of the department, and shall assure that all grievances and complaints are handled promptly with due regard to the rights of all parties concerned and the Town. Grievances and complaints which cannot be resolved within the department will be forwarded to the Town Manager for resolution.

(o) be responsible for devising and administering a system of daily, weekly and monthly reports from which a full record of all police activity in the Town can be made available to the Town Manager and the Mayor and Council.

(p) perform patrol duty and all other police duties as are necessary to maintain close familiarity with the Town, its residents and regular visitors and their activities, and to supplement the regular patrol, particularly at times of special need or emergency, or in the absence of other officers or as directed by the mayor or Town Manager.

(O-04-03)

CHAPTER 5

CABLE COMMUNICATIONS

501. General Provisions

(a) Title

(b) Effective Date and Repealer

(d) Delegation of Powers

502. Definitions and Word Usage

(a) Definitions and Usage - General

(b) Access Channel

(d) Basic Service

(e) Cable Act

(f) Cable Service

(g) Cable System or System

(h) Channel

(l) Converter

(m) Council

(o) Customer

(p) Educational Access Channel or Educational Channel

(q) FCC

(r) Franchise

(s) Franchise Agreement

(t) Franchise Area

(u) Franchisee

(v) Governmental Access Channel or Governmental Channel

(w) Installation:

(x) Leased Access Channel

(y) Net Profit

(z) Normal Business Hours

(aa) Normal Operating Conditions

(bb) OVS

(cc) Person

(dd) Programmer

(ee) Public Access Channel

(ff) Public Rights-Of-Way

(gg) Security Fund

(hh) Service Interruption

(ii) Subscriber

(jj) Town

(kk) Transfer

(ll) User

503. Grant of Franchise

(a) Grant

(b) Term of Franchise

(d) Franchisee Subject to Other Laws, Police Power

(e) Interpretation of Franchise Terms

(f) Operation of a Cable System Without a Franchise

(g) Acts at Franchisee’s Expense

(h) Eminent Domain

504. Franchise Applications

(a) Application Required

(b) Application for Grant of an Initial Franchise

(d) Application for Grant of a Renewal Franchise

(e) Application for Modification of a Franchise

(f) Public Hearings

(g) Acceptance of Franchise

505. Filing Fees

506. Provision of cable service (a) availability of cable service (b) line extension requirement (c) cost sharing (d) continuity of service

507. Design and Construction

(a) System Construction Schedule

(b) Construction Procedures

(d) Use of Public Property

(e) Interference with Public Projects

508. Channels and Facilities for Public, Educational and Governmental Use

(a) Management of Channels

(b) Public Access Programming Rules

509. Consumer Protection

(a) General Provisions

(b) Installations, Connections, and Other Franchisee Services

(d) Scheduling and Completing Service

(e) Interruptions of Service

(f) Notice to Subscribers

(g) Billing

(h) Disconnection/Downgrades

(i) Changes in Service

(j) Parental Control Option

(k) Enforcement

(l) Anticompetitive Acts Prohibited

510. Rate Regulation

(a) General Authority

(b) Nondiscrimination

511. Franchise Fee

(a) Finding

(b) Payment of Franchise Fee

(d) Not a tax or in lieu of any other tax or fee

(e) Late Payments

(f) Audit

(g) No Accord or Satisfaction

512. Reports and Records

(a) Open Books and Records

(b) Communication with Regulatory Agencies

(d) Seal Report

(e) Monthly Report

(f) Special Reports

(g) Additional Reports

(h) Records Required

(i) Performance Evaluation

(j) Voluminous Materials

(k) Retention of Records; Relation to Privacy Rights

(l) Waiver of Reporting Requirements

513. Insurance, Surety, and Indemnification

(a) Insurance Required

(b) Endorsements

(d) Policies Available for Review

(e) Additional Insureds; prior notice of policy cancellation

(f) Failure Constitutes Material Violation

(g) Indemnification

(h) No Limit of Liability

514. Performance Guarantees and Penalties

(a) Penalties

(b) Termination on Account of Certain Assignments or Appointments

(d) Relation to Insurance and Indemnity Requirements

515. Transfers

(a) Town Approval Required

(b) Approval Does Not Constitute Waiver

516. Open Video Systems

(a) Applicability of Ordinance

(b) Fee in Lieu of Franchise Fee

(d) Right-Of-Way Usage

517. Rights of Individuals Protected

(a) Discriminatory Practices Prohibited

(b) Equal Employment Opportunity

(d) Subscriber Privacy

518. Theft of Service

519. Administration

520. Miscellaneous Provisions

(a) Compliance with Laws

(b) No Recourse Against the Town

(d) Amendments to this Ordinance

(e) Public Emergency

(f) Connections to System; Use of Antennae

(g) Calculation of Time

(h) Severability

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Section 501. General Provisions

(A) Title.

This ordinance shall be known and may be cited as the “Town Cable Communications Regulatory Code.”

(B) Effective Date and Repealer.

This ordinance shall take effect and be in force from and after passage. All prior ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

(1) The Mayor and Council find that the further development of cable communications may result in great benefits for the people of the Town. Cable technology is rapidly changing, and cable plays an essential role as part of the Towns basic infrastructure. Cable television systems occupy and extensively make use of scarce and valuable public rights-of-way, in a manner different from the way in which the general public uses them, and in a manner reserved pay for those who provide essential services to the public subject to special public interest obligations, such as utility companies. The Town finds that public convenience, safety, and general welfare can best be served by establishing regulatory powers vested in the Town or such persons as the Town so designates to protect the public and to ensure that any franchise granted is operated in the public interest.

(2) Further, it is recognized that cable systems have the capacity to provide not only entertainment and information services to the Town’s residents, but can provide a variety of broadband, interactive communications services to institutions and individuals.

(3) In light of the foregoing, the following goals, among others, underlie the provisions set forth in this ordinance:

(a) Cable service should be available to as many Town residents as possible.

(b) A cable system should be capable of accommodating both present and reasonably foreseeable future cable-related needs of the Town.

(c) A cable system should be constructed and maintained during a franchise term so that changes in technology may be integrated to the maximum extent possible into existing system facilities.

(d) A cable system should be responsive to the needs and interests of the local cosy, and shall provide a diversity of information sources and service to the public.

(e) A cable operator should pay fair compensation to the Town for the use of local public rights-of-way.

(4) All provisions set forth in this ordinance shall be construed to serve the public interest and the foregoing public purposes, and any franchise issued pursuant to this ordinance shall be construed to include the foregoing findings and public purposes as integral parts thereof.

(D) Delegation of Powers. The Town may delegate the performance of any act, duty, or obligation, or the exercise of any power, under this ordinance or any franchise agreement to any employee, officer, department or agency, except where prohibited by applicable law.

Section 502. Definitions and Word Usage

(A) Definitions and Usage - General.

For the purposes of this ordinance, the following terms, phrases, words, and abbreviations shall have the meanings given herein, unless otherwise expressly stated. When not inconsistent with the context, words used in the present tense include the future tense; words in the plural number include the singular number, and words in the singular number include the plural number; and the masculine gender includes the feminine gender. The words “shall” and “will” are mandatory, and “may” is permissive. Unless otherwise expressly stated, words not defined herein shall be given the meaning set forth in title 47 of the united states code, as amended, and, if not defined therein, their common and ordinary meaning.

(B) Access Channel: Any cal on a cable system set aside by a franchisee for public, educational, or governmental use.

(C) Affiliate: Any person who owns or controls, is owned or controlled by, or is under common ownership or control with a franchisee.

(D) Basic Service: Any service tier that includes the retransmission of local television broadcast signals and/or public, educational, and governmental access signals.

(E) Cable Act: The Cable Communications Policy Act of 1984, 47 U.S.C. §§ 521 et seq., as amended from time to time.

(F) Cable Service: (1) The one-way transmission to subscribers of video programming or other programming services; and (2) subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.

(G) Cable System or System: A facility consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable television service which includes video programming and which is provided to multiple subscribers within the Town, but such term does not include (1) a facility that serves only to retransmit the television signals of one or more television broadcast stations; (2) a facility that serves subscribers without using any public rights-of-way; (3) a facility of a common carrier which is subject, in whole or in part, to the provisions of title ii of the communications act, except that such facility shall be considered a cable system if such facility is used in the transmission of video programming directly to subscribers; (4) an open video system that complies with 47 U.S.C. § 573; or (5) any facilities of any electric utility used solely for operating its electric utility system. A reference to a cable system refers to any part thereof, including, without limitation, converters. The foregoing definition of “cablesystem” shall not be deemed to circumscribe or limit the valid authority of the Town to regulate or franchise the activities of any other communications system or provider of communications services to the full extent permitted by law. Any franchise agreement shall define the services any franchisee is authorized to use the public rights-of-way to provide.

(H) Cal: A six megahertz (mhz) frequency band, or equivalent capacity, which is capable of carrying either one standard video signal, a number of audio, digital or other non-video signals or some combination of such signals.

(I) Converter: An electronic device which may serve as an interface between a system and a subscriber’s television receiver or other terminal equipment, and which may perform a variety of functions, including signal security, descrambling, electronic polling, frequency conversion and channel selection.

(J) Council: The governing body of the Town.

(K) Customer: Same as “subscriber.”

(L) Educational Access Cal or Educational Cal: Any cal on a cable system set aside by a franchisee for educational use.

(M) FCC: The Federal Communications Commission, its designee, or any successor governmental entity thereto.

(N) Franchise: A non-exclusive authorization granted pursuant to this ordinance to construct, operate, and maintain a cable system along the public rights-of-way to provide cable service within all or a specified area of the Town. Any such authorization, in whatever form granted, shall not mean or include any general license or permit required for the privilege of transacting and carrying on a business within the Town as required by the ordinances and laws of the Town, or for attaching devices to poles or other structures, whether owned by the Town or a private entity, or for excavating or performing other work in or along public rights-of-way.

(O) Franchise Agreement: A contract entered into pursuant to this ordinance between the Town and a franchisee that sets forth, subject to this ordinance, the terms and conditions under which a franchise will be granted and exercised.

(P) Franchise Area: The area of the Town that a franchisee is authorized to serve by its franchise agreement.

(Q) Franchisee: A natural person, partnership, domestic or foreign corporation, association, joint venture, or organization of any kind that has been granted a franchise by the Town.

(R) Governmental Access Channel or Governmental Cal: Any channel on a cable system set aside by a franchisee for government use.

(S) Installation: The connection of system services to subscribers’ television receivers or other subscriber-owned or -provided terminal equipment.

(T) Leased Access Channel or Commercial Access Channel: Any channel on a cable system designated or dedicated for use by a person unaffiliated with the franchisee.

(U) Mayor: The Mayor of the Town.

(V) Net Profit: The amount remaining after deducting from gross revenues all of the actual, direct and indirect, expenses associated with operating the cable system, including the franchise fee, interest, depreciation, and federal or state income taxes.

(W) Normal Business Hours: Those hours during which most similar businesses in the community are open to serve customers, including some evening hours at least one night per week and/or some weekend hours.

(X) Normal Operating Conditions: Those service conditions that are within the control of a franchisee. Conditions that are not within the control of a franchisee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe weather conditions. Conditions that are ordinarily within the control of a franchisee include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and dance or upgrade of a cable system.

(Y) OVS: An open video system that complies with 47 U.S.C. § 653, as amended.

(Z) Person: An individual, partnership, association, joint stock company, organization, corporation, or any lawful successor thereto or transferee thereof, but such term does not include the Town.

(AA) Programmer: Any person or entity that produces or otherwise provides program material or information for transmission by video, audio, digital or other signals, either live or from recorded traces or other storage media, to users or subscribers by means of a cable system.

(BB) Public Access Channel: Any cal on a cable system set aside by a franchisee for use by the general public, including groups and individuals, and which is available for such use on a non-discriminatory basis.

(CC) Public rights-of-way: The surface, the air space above the surface, and the area below the surface of any public street, highway, lane, path, alley, sidewalk, boulevard, drive, bridge, tunnel, park, parkway, waterway, easement, or similar property within the Town, which, consistent with the purposes for which it was dedicated, may be used for the purpose of installing and maintaining a cable system. No reference herein, or in any franchise agreement, to a “public right-of-way” shall be deemed to be a representation or guarantee by the Town that its interest or other right to control the use of such property is sufficient to permit its use for such purposes, and a franchisee shall be deemed to gain only those rights to use as are properly in the Town and as the Town may have the undisputed right and power to give.

(DD) Security Fund: A performance bond, letter of credit, or cash deposit, or any or all of these, to the extent required by a franchise agreement.

(EE) Service Interruption: Loss of picture or sound on one or more cable channels, as described in FCC regulations as of December 1, 1998.

(FF) Subscriber: Any person who legally receives any service delivered over a cable system.

(GG) Town: the Town of Landover Hills, Maryland, and an agency, department, or agent thereof.

(HH) Transfer: (1) Any transaction in which: (a) any ownership or other right, title, or interest of more than ten percent (10%) in a publicly-traded corporation controlling a franchisee, its cable system, or any person that is a cable operator of the cable system (or in the franchisee itself, if it is a publicly traded corporation) is transferred, sold, assigned, leased, or sublet, directly or indirectly; or (b) any ownership or other right, title, or interest cognizable under FCC regulations of fifty percent (50%) or more in an entity other than a publicly-traded corporation controlling a franchisee, its cable system, or any person that is a cable operator of the cable system (or in the franchisee itself, if it is a publicly traded corporation) is transferred, sold, assigned, leased, or sublet, directly or indirectly, to an entity that does not presently control such entity other than a publicly traded corporation; or (c) there is any transfer of control of a franchisee; or (d) a franchise is transferred to another entity; or (e) any change or substitution occurs in the managing general partners of a franchisee, where applicable; or (f) a franchisee, or its corporate parents at any level, enter into any transaction that materially increases the debt that is to be borne by the system directly or indirectly, in a manner that creates a risk of an adverse effect on system rates or services; but transfer shall not include transactions in which a franchisee is reorganized within another corporation owned, owning, or commonly controlled with the franchisee, if such transaction does not materially affect the ultimate control of the franchisee or the sources and amounts of funds available to the franchisee. (2) “control” for purposes of this definition means the legal or practical ability to exert actual working control over the affairs of the franchisee, either directly or indirectly, whether by contractual agreement, majority ownership interest, any lesser ownership interest, or in any other manner.

(II) User: A person or organization using a cal or equipment and facilities for purposes of producing or transmitting material, as contrasted with the receipt thereof in the capacity of a subscriber.

Section 503. Grant of Franchise

(A) Grant.

(1) The Town may grant one or more cable franchises, and each such franchise shall be awarded in accordance with and subject to the provisions of this ordinance.

(2) Franchises shall be granted by action of the council pursuant to applicable law.

(3) No person may construct or operate a cable system without a franchise granted by the Town. No person may be granted a franchise without having entered into a franchise agreement with the Town pursuant to this ordinance.

(B) Term of Franchise.

No franchise shall be granted for a period of more than fifteen (15) years, except that a franchisee may apply for renewal or extension pursuant to applicable law.

(1) A franchise authorizes use of public rights-of-way for installing cables, wires, lines, optical fiber, underground conduit, and other devices necessary and appurtenant to the operation of a cable system to provide cable service within a franchise area, but does not expressly or implicitly authorize a franchisee to provide service to, or install a cable system on, private property without owner consent (except for use of compatible easements pursuant to section 621 of the cable act, 47 U.S.C. § 541(a)(2) and common law), or to use publicly or privately owned conduits without a separate agreement with the owners.

(2) A franchise shall constitute both a right and an obligation to provide the cable services regulated by the provisions of this ordinance and the franchise agreement.

(3) A franchise is non-exclusive and will not explicitly or implicitly preclude the issuance of other franchises to operate cable systems within the Town; affect the Town’s right to authorize use of public rights-of-way by other persons to operate cable systems or for other purposes as it determines appropriate; or affect the Towns right to itself construct, operate, or maintain a cable system, with or without a franchise.

(4) All privileges prescribed by a franchise shall be subordinate to (without limitation) the Towns use and any prior lawful occupancy of the public rights-of-way

(5) The Town reserves the right to reasonably designate where a franchisee’s facilities are to be placed within the public rights-of-way and to resolve any disputes among users of the public rights-of-way.

(D) Franchisee Subject to Other Laws, Police Power.

(1) A franchisee shall at all times be subject to and shall comply with all applicable federal, state, and local laws. A franchisee shall at all times be subject to all lawful exercise of the police power of the Town, including all rights the Town may have under 47 U.S.C. § 552. Nothing in a franchise agreement shall be deemed to waive the requirements of the various codes and ordinances of the Town regarding permits, fees to be paid, or manner of construction.

(2) No course of dealing between a franchisee and the Town, or any delay on the part of the Town in exercising any rights hereunder, or any acquiescence by the Town in the actions of a franchisee that are in contravention of such rights (except to the extent such rights are expressly waived by the Town) shall operate as a waiver of any such rights of the Town.

(3) The Town may, from time to time, issue such reasonable rules and regulations concerning cable systems as are consistent with applicable law.

(E) Interpretation of Franchise Terms.

(1) The provisions of this ordinance and any franchise agreement will be liberally construed in favor of the Town in order to effectuate their purposes and objectives and to promote the public interest.

(2) Subject to federal law or regulation, a franchise age will be governed by and construed in accordance with the laws of the state of Maryland.

(F) Operation of a Cable System Without a Franchise.

Any person who occupies the public rights-of-way of the Town for the purpose of operating or constructing a cable system or an OVS and who does not hold a valid franchise (or other authority allowing such entity to be in the public rights-of-way to provide video services) from the Town shall nonetheless, to the extent allowable by law, be subject to all provisions of this ordinance, including but not limited to its provisions regarding construction and technical standards and franchise fees. Such person shall apply for a franchise within thirty (30) days of receipt of a written notice by the Town that a franchise agreement is required. The Town may, in its discretion, require such person to remove its property and restore the area to a condition satisfactory to the Town within a reasonable time period, as the Town shall determine; remove the property itself and restore the area to a satisfactory condition and charge the person the costs therefor; and/or take any other action it is entitled to take under applicable law, including filing for and seeking damages under trespass. In no event shall a franchise be created unless it is issued by action of the Town and subject to a written franchise agreement.

(G) Acts at Franchisee’s Expense.

Any act that a franchisee is or may be required to perform under this ordinance, a franchise agreement, or applicable law, including but not limited to removal, replacement, or modification of the installation of any of its facilities and restoration to Town standards and specifications of any damage or disturbance caused to the public rights-of-way as a result of its operations or construction on its behalf, shall be performed at the franchisee’s expense, unless expressly provided to the contrary in this ordinance, the franchise agreement, or applicable law.

(H) Eminent Domain.

Nothing herein shall be deemed or construed to impair or affect, in any way or to any extent, the Towns rights of eminent domain to the extent to which they may apply to any public utility or cable system.

Section 504. Franchise Applications

(A) Application Required.

(1) A written application shall be filed with the Town for grant of an initial franchise or modification of a franchise agreement pursuant to 47 U.S.C. § 545.

(2) To be acceptable for filing, a signed original of the application shall be submitted together with twelve (12) copies. The application must be accompanied by any required application filing fee, conform to any applicable request for proposals, and contain all required information. All applications shall include the names and addresses of persons authorized to act on behalf of all applicants with respect to the application.

(3) All applications accepted for filing shall be made available by the Town for public inspection.

(B) Application for Grant of an Initial Franchise.

(1) A person may apply for an initial franchise by submitting an application containing the information required in section 4(c). Upon receipt of such an application, the Town may either (a) evaluate the application pursuant to section 4(b)(3), conducting such investigations as it deems necessary; or (b) issue a request for proposals (“RFP”), after conducting, if necessary, a proceeding to identify the future cable-related needs and interests of the community. Any such RFP shall be mailed to the person requesting its issuance and made available to any other interested party. The RFP may contain a proposed franchise agreement.

(2) An applicant shall respond to a RFP by filing an application within the time directed by the Town, providing the information and material set forth in section 4(c). The procedures, instructions, and requirements set forth in the RFP shall be followed by each applicant. Any applicant that has already filed materials pursuant to subsection 4(b)(1) herein need not refile the same materials with its RFP response, but must amplify its application to include any additional or different materials required by the RFP. The Town or its designee may seek additional information from any applicant and establish deadlines for the submission of such information.

(3) In evaluating an application for a franchise, the Town shall consider, among other things, the following factors:

(a) The extent to which the applicant has substantially complied with the applicable law and the material terms of any existing cable franchise for the Town;

(b) Whether the quality of the applicant’s service under any existing franchise in the Town, including signal quality, response to customer complaints, billing practices, and the like, has been reasonable in light of the needs and interests of the cooties served;

(d) Whether the application satisfies any MIA requirements established by the Town and is otherwise reasonable to meet the future cable-related needs and interests of the community, taking into account the cost of meeting such needs and interests;

(e) Whether, to the extent not considered under section 4(b)(3)(d), the applicant will provide adequate public, educational, and governmental access channel capacity, facilities, or financial support;

(f) Whether issuance of a franchise is warranted in the public interest considering the immediate and future effect on the public rights-of-way and private property that would be used by the cable system, including the extent to which installation or maintenance as planned would require replacement of property or involve disruption of property, public services, or use of the public rights-of-way; the effect of gag a franchise on the ability of cable to meet the cable-related needs and interests of the community; and the comparative superiority or inferiority of competing applications.

(g) What effects a grant of the application may have on competition in the delivery of cable service in the Town.

(4) If the Town finds that it is in the public interest to issue a franchise considering without limitation the factors set forth above, and subject to the applicant’s entry into an appropriate franchise agreement, it shall issue a franchise. If the Town denies a franchise, it will issue a written decision explaining why the franchise was denied. Prior to deciding whether or not to issue a franchise, the Town may hold one or more public hearings or implement other procedures under which comments from the public on an application may be received. The Town also may grant or deny a request for a franchise based on its review of an application without further proceedings and may reject any application that is incomplete or fails to respond to an RFP. This ordinance is not intended and shall not be interpreted to grant any party standing to challenge the denial of an application or the issuance of a franchise unless such standing is necessary to enforce a party’s rights under its franchise agreement or applicable law.

An RFP for the grant of an initial franchise shall require, and any such application shall contain, at a minimum, the following information:

(1) Name and address of the applicant and identification of the ownership and control of the applicant, including: the names and addresses of the ten (10) largest holders of an ownership interest in the applicant and affiliates of the applicant, and all persons with five (5) percent or more ownership interest in the applicant and its affiliates; the persons who control the applicant and its affiliates; all officers and directors of the applicant and its affiliates; and any other business affiliation and cable system ownership interest of each named person.

(2) A demonstration of the applicant’s technical ability to construct and/or operate the proposed cable system, including identification of key personnel.

(3) A demonstration of the applicant’s legal qualifications to construct and/or operate the proposed cable system, including but not limited to the following factors:

(a) The Town shall consider whether an applicant has had previous requests for a franchise denied by the Town or other franchising authorities.

(b) The applicant must have the necessary authority under Maryland law to operate a cable system.

(c) The applicant must have the necessary authority under federal law to hold the franchise and operate a cable system. An applicant must have, or show that it is qualified to obtain, any necessary federal franchises or waivers required to operate the system proposed.

(d) The Town shall consider whether, at any time during the ten (10) years preceding the submission of the application, the applicant or any officer, director, partner or major shareholder thereof was convicted of any act or omission of such character that the applicant cannot be relied upon to deal truthfully with the Town and the subscribers of the cable system, or to substantially comply with its lawful obligations under applicable law, including obligations under consumer protection laws and laws prohibiting anticompetitive acts, fraud, racketeering, or other similar conduct.

(e) The Town shall consider whether an applicant files materially misleading information in its application or intentionally withholds information that the applicant lawfully is required to provide.

(f) The Town shall consider whether any elected official of the Town holds a controlling interest in the applicant or an affiliate of the applicant.

The Town shall provide an opportunity to an applicant to show that it would be inappropriate to deny it a franchise by virtue of the particular circumstances surrounding the matter and the steps taken by the applicant to cure all harms flowing therefrom and prevent their recurrence, the lack of involvement of the applicant’s principals, or the remoteness of tie matter from the operation of cable systems.

(4) A demonstration of financial qualifications to complete the construction and operation of the cable system proposed.

(5) A description of any prior experience in cable system ownership, construction, and operation, and identification of cooties in which the applicant or any of its principals have, or have had, a cable franchise or any interest therein.

(6) Identification of the area of the Town to be served by the proposed cable system, including a description of the proposed franchise area’s boundaries.

(7) A detailed description of the physical facilities proposed, including channel capacity, technical design, performance characteristics, headend, and access facilities.

(8) Where applicable, a description of the construction of the proposed system, including an estimate of plant mileage and its location; the proposed construction schedule; and a description, where appropriate, of how services will be converted from existing facilities to new facilities.

(9) A demonstration of how the applicant will reasonably meet the future cable-related needs and interests of the community, including public, educational, and governmental access cal capacity, facilities, or financial support to meet the community’s needs and interests.

(10) If necessary at the Town’s discretion, pro forma financial projections for the proposed franchise term, including a statement of projected income, and a schedule of planned capital additions, with all significant assumptions explained in notes or supporting schedules.

(11) Any other information that may be reasonably necessary to demonstrate compliance with the requirements of this ordinance.

(12) Any additional information that the Town may reasonably request of the applicant that is relevant to the Towns consideration of the application.

(13) An affidavit or declaration of the applicant or authorized officer certifying the truth and accuracy of the information in the application, acknowledging the enforceability of application commitments, and certifying that the application meets all federal and state law requirements.

(14) The Town may, at its discretion and upon request of an applicant, waive in writing the provision of any of the information required by this section 4(c).

(D) Application for Grant of a Renewal Franchise.

The renewal of any franchise to provide cable service shall be conducted in a manner consistent with section 626 of the cable act, 47 U.S.C. § 546, as from time to time amended.

(E) Application for Modification of a Franchise.

An application for modification of a franchise agreement shall include, at minimum, the following information:

(1) The specific modification requested;

(2) The justification for the requested modification, including the impact of the requested modification on subscribers and others, and the financial impact on the applicant if the modification is approved or disapproved, demonstrated through, inter alia, submission of financial pro formas;

(3) A statement whether the modification is sought pursuant to section 625 of the cable act, 47 U.S.C. § 545, and, if so, a demonstration that the requested modification meets the standards set forth in 47 u.s. c. § 545;

(4) Any other information that the applicant believes is necessary for the Town to make an informed determination on the application for modification; and

(5) An affidavit or declaration of the applicant or authorized officer certifying the truth and accuracy of the information in the application, and certifying that the application is consistent with all federal and state law requirements.

(F) Public Hearings.

An applicant shall be notified of any public hearings held in connection with the evaluation of its application and shall be given an opportunity to be heard. In addition, prior to the issuance of a franchise, the Town shall provide for the holding of a public hearing within the proposed franchise area, following reasonable notice to the public, at which every applicant and its applications shall be examined and the public and all interested parties afforded a reasonable opportunity to be heard.

(G) Acceptance of Franchise. Following approval by the Town, any franchise granted pursuant to this ordinance, and the rights, privileges and authority granted by a franchise agreement, shall take effect and be in force from and after the first date on which both the franchisee and the Town have accepted and signed the franchise agreement.

Section 505. Filing Fees.

(A) To be acceptable for filing, any application of the type listed below submitted after the effective date of this ordinance shall be accompanied by a nonrefundable filing fee of $5,000, payable to the Town, to cover costs incidental to the awarding or enforcement of the franchise, as appropriate:

(1) Application for an initial franchise or for issuance of an RFP

(2) Application for renewal of a franchise

(3) Application for modification of a franchise agreement

(4) Application for approval of a transfer

(B) To the Extent Consistent with Applicable Law:

(1) The Town may require the franchisee, or, where applicable, a transferor or transferee, to reimburse the Town for its reasonable out-of-pocket expenses in considering the application, including consultants’ fees;

(2) No payments made hereunder shall be considered a franchise fee, but fall within one or more of the exceptions in 47 U.S.C. § 542(g)(2).

Section 506. Provision of Cable Service

(A) Availability of Cable Service. A franchisee shall construct and operate its system so as to provide service to all parts of its franchise area having a density of at least twenty (20) residences per mile of system. In addition, all areas which reach such density at any time during the franchise term shall be provided service upon reaching the minimum density.

(B) Line Extension Requirement. Except as federal law may otherwise require, and subject to the mdmaum density requirement specified in Section 6(a), a franchisee shall, upon request: (i) extend its trunk and distribution system to any subscriber located within two hundred fifty feet of a main distribution cable located in the public rights-of-way at its standard installation charge, unless the franchisee demonstrates to the Town’s satisfaction that extraordinary circumstances exist; and (ii) extend its trunk and distribution system to any potential subscriber outside the two hundred fifty foot limit, provided that the franchisee may charge the pod subscriber for the cost of the actual length of the installed drop, or the shortest distance to the point where the franchisee would be required to extend its distribution system, whichever is shorter, except where the franchisee has demonstrated to the Town’s satisfaction that extraordinary circumstances exist. In areas where the minimum density requirement is not met, or where extraordinary circumstances exist, a franchisee shall, upon request, extend its cable system to a potential subscriber, provided that the subscriber shall pay the additional extension costs.

(1) “Additional Extension Costs” as used in Subsection 6(b) herein shall mean a subscriber’s pro rata share of: a franchisee’s total construction costs at the actual density of affected potential subscribers, less the total construction costs that the franchisee would incur 1f it were extending its system to make service available to the same number of potential subscribers at a density of twenty (20) residences per mile.

(2) “Total Construction Costs” are defined for purposes of this Subsection 6(c) as the actual turnkey cost to construct the entire extension including electronics, pole make-ready charges, and labor, but not the cost of the house drop.

(D) Continuity of Service.

(1) It is the right of all subscribers in the franchise area to receive all available services from a franchisee, as those services become available, as long as their financial and other obligations to the franchisee are satisfied.

(2) A franchisee shall ensure that all subscribers receive continuous irrupted service. At the Towns request, a franchisee shall, as trustee for its successor in interest, operate its system for a temporary period (the “transition period”) following termination, sale, or transfer of its franchise as necessary to maintain service to subscribers, and shall cooperate with the Town to assure an orderly transition from it to another franchisee.

(3) During such transition period, a franchisee shall not sell any of the system assets, nor make any physical, material, administrative or operational change that would tend to reduce the quality of service to subscribers, decrease the system’s income, or materially increase expenses without the express permission, in writing, of the Town.

(4) The Town may seek legal and/or equitable relief to enforce the provisions of this Section.

(5) The transition period shall be no longer than the reasonable period required to ensure that cable service will be available to subscribers, and shall not be longer than thirty-six (36) months, unless extended by the Town for good cause. During the transition period, a franchisee will continue to be obligated to comply with the terms and conditions of the agreement and applicable laws and regulations.

(6) If a franchisee abandons its system during the franchise term, or fails to operate its system in accordance with the terms of its franchise agreement during any transition period, the Town, at its option, may operate the system, designate another entity to operate the system temporarily until the franchisee restores service under conditions acceptable to the Town or until, the franchise is revoked and a new franchisee selected by the Town is providing service, or obtain an injunction requiring the franchisee to continue operations. If the Town is required to operate or designate another entity to operate the cable system, the franchisee shall reimburse the Town or its designee for all reasonable costs and damages incurred that are in excess of the revenues from the cable system.

(7) A franchisee shall forfeit its rights to notice and hearing, and the council may by resolution declare its franchise immediately terminated, in addition to any other relief or remedies it may have under its franchise agreement, this ordinance, or other applicable law, if:

(a) The franchisee fails to provide cable service in accordance with its franchise over a substantial portion of the franchise area for ninety-six (96) consecutive hours, unless the Town authorizes a longer interruption of service or the failure is due to force majeure as characterized in its franchise agreement; or

(b) The franchisee, for any period, willfully and without cause refuses to provide cable service in accordance with its franchise over a substantial portion of the franchise area.

Section 507. Design and Construction

(A) System Construction Schedule.

Every franchise agreement shall specify the construction schedule that will apply to any required construction, upgrade, or rebuild of the cable system.

(B) Construction Procedures.

(1) A franchisee shall construct, operate and maintain its cable system in strict compliance with all applicable laws, ordinances, rules and regulations, including but not limited to the national electrical safety code and the national fire protection association national electrical code, as such may be amended from time to time.

(2) The system, and all parts thereof, shall be subject to the right of periodic inspection by the Town.

(3) No construction, reconstruction, installation, or relocation of the system or any part thereof within the public rights-of-way shall be commenced until all applicable written permits have been obtained from the proper Town officials. In any permit so issued, such officials may impose such conditions and regulations as a condition of the granting of the permit as are necessary for the purpose of protecting any structures in the public rights-of-way and for the proper restoration of such public rights-of-way and structures, and for the protection of the public and the continuity of pedestrian and vehicular traffic.

(4) A franchisee shall, by a time specified by the Town, protect, support, temporarily disconnect, relocate, or remove any of its property when required by the Town by reason of traffic conditions; public safety; public right-of-way construction; public right-of way dance or repair (including resurfacing or widening); change of public right-of-way grade; construction, installation or repair of sewers, drains, water pipes, power lines, signal lines, tracks, or any other type of government-owned communications system, public work or improvement or any government-owned utility; public-right-of-way vacation; or for any other purpose where the convenience of the Town would be served thereby; provided, however, that a franchisee shall, in all such cases, have the privilege of abandoning any property in place, after obtaining permission from the Town.

(5) If any removal, relaying, or relocation is required to accommodate the construction, operation, or repair of the facilities of another person that is authorized to use the public rights-of-way, a franchisee shall, after reasonable advance written notice, take action to effect the necessary changes requested by the responsible entity. The Town may resolve disputes as to responsibility for costs associated with the removal, relaying, or relocation of facilities as among entities authorized to install facilities in the public rights-of-way if the parties are unable to do so themselves, and if the matter is not governed by a valid contract between the parties or a state or federal law or regulation.

(6) In the event of an emergency, or where a cable system creates or is contributing to an imminent danger to health, safety, or property, the Town may remove, relay, or relocate any or all parts of that cable system without prior notice.

(7) A franchisee shall, on the request of any person holding a building moving permit issued by the Town, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting same, and a franchisee shall have the authority to require such pas in advance, except in the case where the requesting person is the Town, in which case no such payment shall be required. A franchisee shall be given not less than seventy-two (72) hours’ advance notice to age for such temporary wire changes.

(8) A franchisee shall participate in any “ms. Utility” program active in its franchise area with regard to giving and receiving notice of the location of facilities and excavations.

(C) Restoration: Any and all public rights-of-way, public property or private property that is disturbed or damaged during the construction, repair, replacement, relocation, operation, maintenance or construction of a cable system shall be repaired, replaced and restored, as appropriate, in substantially the same condition and in a good workmanlike, timely manner, in accordance with the standards for such work set by the Town. With respect to damage or disturbances to public rights-of-way or public property, all repairs and restoration shall be performed in accordance with Subtitle 23 of the Prince George’s Town code or any successor provision. All repairs, replacements and restoration shall be undertaken within no more than thirty (30) days after the damage is incurred, and shall be completed as soon as reasonably possible thereafter. A franchisee shall guarantee and maintain such restoration for at least one year against defective materials or workmanship.

(D) Use of Public Property.

(1) Should the grades or lines of the public rights-of-way that the franchisee is authorized by a franchise to use and occupy be changed at any time during the term of a franchise, the franchisee shall, if necessary, relocate or change its system so as to conform with the new grades or lines.

(2) Any alteration to the water mains, sewerage or drainage system or to any Town, state or other public structures in the public rights-of-way required on account of the presence of a franchisee’s system in the public rights-of-way shall be made at the sole cost and expense of the franchisee. During any work of constructing, operating or maintaining of a system, the franchisee shall also protect any and all existing structures belonging to the Town and any other person. All work performed by the franchisee shall be done in the manner prescribed by the Town or other officials having jurisdiction therein.

(E) Interference with Public Projects.

Nothing in this ordinance or any franchise agreement shall be in preference or hindrance to the right of the Town and any board, authority, commission or public service corporation to perform or carry on any public works or public improvements of any description, and should a franchisee’s system in any way interfere with the construction, maintenance or repair of such public works or public improvements, the franchisee shall protect or relocate its system, or part thereof, as reasonably directed by any Town official, board, authority, commission or public service corporation.

Section 508. Channels and Facilities for Public, Educational and Governmental Use.

(A) Management of Channels: The Town may designate one (1) or more entities, including a non-profit access management corporation, to perform any or all of the following functions:

(1) To manage any necessary scheduling or allocation of capacity on the institutional network; and/or

(2) On the Town’s behalf, to program any public, educational, or governmental access cal.

Educational and public access channels shall not be managed by the same entity, provided, however, that until such entities have been designated, the Town shall be responsible for these functions.

(B) Public Access Programming Rules: For any public access channel, the entity managing such cal shall establish (i) rules that prohibit the presentation of any advertising material designed to promote the sale of commercial products or services (including advertising by or on behalf of candidates for public office), lottery information, and obscene matter; (ii) rules requiring first-come, nondiscriminatory access; and (iii) rules permitting public inspection of the complete record of the names and addresses of all persons and groups requesting access time. Such a record shall be retained for a period of two (2) years.

(C) Use of Access Channels: Governmental access channel(s) shall be for the noncommercial use of the Town and/or other governmental entities. Educational access channel(s) shall be for the noncommercial use of the educational comn4unity.

Section 509. Consumer Protection

(A) General Provisions.

This Section 9 sets forth customer service standards that a franchisee must satisfy. In addition, the franchisee shall at all times satisfy any additional or stricter requirements established by FCC regulations, or other applicable federal, state, or local law or regulation, as the same may be amended from time to time.

(1) Nothing in this ordinance may be construed to prevent or prohibit:

(a) The Town and a franchisee from agreeing to customer service requirements that exceed the standards set forth in this ordinance;

(b) The Town from enforcing, through the end of a franchise term, pre-existing customer service requirements that exceed the standards set forth in this ordinance and are contained in current franchise agreements;

(d) The Town from waiving, for good cause, requirements established in this Section 9.

(2) Nothing in this ordinance in any way relieves a franchisee of its obligation to comply with other applicable consumer protection laws and its franchise agreement.

(B) Installations, Connections, and Other Franchisee Services.

(1) Installation of Drops. A subscriber’s preference as to the point of entry into a residence shall be observed whenever feasible. Runs in building interiors shall be as unobtrusive as possible. A franchisee shall use due care in the process of installation and shall repair any damage to a subscriber’s property caused by said installation. Such restoration shall be undertaken within thirty (30) days after the damage is incurred and shall be completed as soon as reasonably possible thereafter.

(2) Location of Drops. In locations where a franchisee’s system must be underground, drops must be placed underground as well. In all cases where new developments and subdivisions are to be constructed and to be served in whole or in part by underground power and telephone utilities, the owner or developer of such areas shall provide reasonable notice to the franchisee of the availability of trenches, backfill and specifications of all necessary substructures in order that the franchisee may install all necessary cable facilities. In no event shall such undergrounding be at any cost or expense to the Town.

(3) Time for Extension/Installation. Wire a franchisee is required under section 6 to provide service to a person that resides within two hundred fifty (250) feet from the franchisee’s distribution system, the franchisee must provide such service within seven business days of the persons request. If the person resides more than one hundred twenty-five (125) feet from the franchisee’s distribution system, the Town may waive this seven-day requirement upon a showing of good cause by the franchisee and provided the franchisee specifies the time period within which service will be provided. This standard shall be met 95% of the time, measured on a quarterly basis.

(4) Bas and Antenna Switches. A franchisee shall adhere to FCC regulations regarding antenna switches. A franchisee shall not, as a condition to providing cable service, require any subscriber or potential subscriber to remove any existing antenna structures for the receipt of over-the-air television signals.

(5) Delinquent Accounts. A franchisee shall use its best efforts to collect on delinquent subscriber accounts before terminating service. In all cases, the franchisee shall provide the customer with at least ten (10) working days written notice prior to disconnection.

(1) Each franchisee shall maintain offices at convenient locations within Prince George’s County, as specified in its franchise agreement, that shall be open during normal business hours to allow subscribers to request service, pay bills, and conduct other business.

(2) Each franchisee will maintain at least one local, toll-free or collect call telephone access line which will be available to subscribers 24 hours a day, seven days a week. Trained representatives of a franchisee shall be available to respond to subscriber telephone inquiries during normal business hours.

(3) Each franchisee shall be subject to the following standards, except that such franchisee shall not be subject to penalty as long as it meets such standards under normal operating conditions at least ninety (90) percent of the time, measured quarterly.

(a) Telephone answering tine shall not exceed thirty (30) seconds, and the time to transfer the call to a customer service representative (including hold time) shall not exceed an additional thirty (30) seconds.

(b) A customer will receive a busy signal less than three percent (3%) of the time.

(c) When the business office is closed, an answering service where a person receives and records service complaints and inquiries shall be employed. Inquiries received after hours must be responded to by a trained representative of a franchisee on the next business day. To the extent possible, the after-hours answering service shall comply with the same telephone answer time standard set forth in this section.

(4) In any case, at all times a franchisee shall provide an answering machine so that callers will have the option to leave messages.

(5) A franchisee must hire sufficient competent customer service repr

Section 101. How Code Designated and Cited

Section 103. Provisions Considered as Continuation of Existing Ordinances

Section 104. Severability of Parts of Code

Section 201. Compensation

Section 202. Town Manager

Section 301. Advertisement for Sealed Bids