The Council may approve a franchise for the occupation of any road or other right-of-way, either on, above, or below the surface if the following requirements are met: (a) Application to be published. The applicant must publish notice of each application for a franchise once a week for 3 successive weeks in one or more newspapers of general circulation in the County, specifying: (1) a summary of terms of the proposed franchise; (2) the compensation the County may receive, including in-kind goods and services; and (3) the location, character, and extent of the use of the right-of-way. (b) Inquiry as to value. The County Executive or a designee may investigate the value of the proposed franchise and the adequacy of the compensation proposed to be paid for it. (c) Hearing on objections. If any taxpayer, or any property owner whose property rights may be affected by the grant of the franchise, files an objection to the granting of the franchise in writing with the County Executive within 10 days after the last notice required by subsection (a) appears, the County Executive or a designee must hold a hearing within 15 days after the objection is filed on the proposed franchise and any objections to it. (d) Recommendations of County Executive. The County Executive must, after any hearings required by this Article, forward to the Council written recommendations concerning the proposed franchise, including any Executive findings as to the value of the proposed franchise, any response to objections which have been raised, and any other relevant issues. (e) As used in this Chapter, “franchise” includes any franchise, lease, license, contract, or other right or permission to use or occupy a County right-of-way. However, “franchise” does not include an occupation of a right-of-way for which the Department of Permitting Services has issued a permit under Section 49-11. (f) The Director of Permitting Services must issue a permit under this Article before a franchisee may occupy or obstruct the right-of-way. The state public service commission may approve the transfer of assets of a public service corporation without the County's consent, Montgomery County v. Public Service Commission, 203 Md. 79, 98 A.2d 15 (1953).

(a) The Council may grant a franchise for such compensation as it, after considering the recommendations of the County Executive, finds proper, for a period not longer than 25 years. If the franchise allows the location of a permanent structure with a useful life longer than 25 years in the County right-of-way, the initial term of the franchise may exceed 25 years. (b) The franchise may allow the franchisee to renew the franchise, after the County determines the value of the renewed franchise for one or more terms that each do not cumulatively exceed 25 years. (c) Every grant of any franchise must provide, by forfeiture of the grant, for compelling compliance with its terms and the maintenance of the right-of-way in good condition, throughout the grant. (1) the mode of determining any valuation and revaluation under this Article, (2) the time limit to exercise the rights given, and (3) the procedure for default for a lapse of the franchise. (d) When any construction authorized by a County franchise or permit is finished, each franchisee must submit a full set of as-built drawings to the Director of Permitting Services. The required drawings must be submitted in a hard copy format maintained by the franchisee in the ordinary course of business and in an electronic format acceptable to the Director. The required drawings must show in detail the exact as-built location of any facility installed in a County right-of-way. The Director must keep the required drawings confidential and distribute them only to another County Department which needs them to perform essential construction, maintenance, regulatory, or security functions.

When the Council grants a franchise under this Article, the County must continue to exercise full control over the franchised right-of-way.

Nothing in this Article is intended to affect any private right, except as necessary to comply with this Chapter.

All money received by the County under this Article must be applied to County transportation programs.