Sec. 5A-103. Grant of franchise
Codified through Bill No. CB-018-2026, adopted May 12, 2026, effective July 24, 2026. Source: Municode, Supplement 2026 Update 2. Editorial notes and legislative history omitted.
Prince George's County, Md., Code § 5A-103 (2026)
Sec. 5A-103. Grant of franchiseLinkCopy Citation
(a)
(1)
The County may grant one or more cable franchises for the County or designated areas therein, and each such franchise shall be awarded in accordance with and subject to the provisions of this Subtitle.
(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 County. No person may be granted a franchise without having entered into a franchise agreement with the County pursuant to this Subtitle.
(b)
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.
(c)
(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. Section 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 Subtitle and the franchise agreement.
(3)
A franchise is nonexclusive and will not explicitly or implicitly preclude the issuance of other franchises to operate cable systems within the County, affect the County'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 County's 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 County's use and any prior lawful occupancy of the public rights-of-way.
(5)
The County reserves the right to 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)
(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 County, including all rights the County may have under 47 U.S.C. Section 552. Nothing in a franchise agreement shall be deemed to waive the requirements of the various codes and ordinances of the County regarding permits, fees to be paid, or manner of construction.
(2)
No course of dealing between a franchisee and the County, or any delay on the part of the County in exercising any rights hereunder, or any acquiescence by the County in the actions of a franchisee that are in contravention of such rights (except to the extent such rights are expressly waived by the County) shall operate as a waiver of any such rights of the County.
(3)
The County may, from time to time, issue such reasonable rules and regulations concerning cable systems as are consistent with applicable law.
(e)
(1)
The provisions of this Subtitle and any franchise agreement will be liberally construed in favor of the County in order to effectuate their purposes and objectives and to promote the public interest.
(2)
Subject to federal law or regulation, a franchise agreement will be governed by and construed in accordance with the laws of the State of Maryland.
(f)
Any person who occupies the public rights-of-way of the County 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 County shall nonetheless, to the extent allowable by law, be subject to all provisions of this Subtitle 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 County that a franchise agreement is required. The County may, in its discretion, require such person to remove its property and restore the area to a condition satisfactory to the County within a reasonable time period, as the County 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 for trespass. In no event shall a franchise be created unless it is issued by action of the County and subject to a written franchise agreement.
(g)
Any act that a franchisee is or may be required to perform under this Subtitle, 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 County 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 Subtitle, the franchise agreement, or applicable law.
(h)
Nothing herein shall be deemed or construed to impair or affect, in any way or to any extent, the County's rights of eminent domain to the extent to which they may apply to any public utility or cable system.