# Sec. 5A-104. Franchise applications 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. ## Sec. 5A-104. Franchise applications Prince George's County, Md., Code ยง 5A-104 (2026) (a) (1) A written application shall be filed with the County for grant of an initial franchise or modification of a franchise agreement pursuant to 47 U.S.C. Section 545. (2) To be acceptable for filing, a signed original of the application shall be submitted together with twenty-five (25) 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 County for public inspection. (b) (1) A person may apply for an initial franchise by submitting an application containing the information required in this Section. Upon receipt of such an application, the County may either evaluate the application pursuant to this Section, conducting such investigations as it deems necessary, or 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 an RFP by filing an application within the time directed by the County, providing the information and material set forth in this Section. 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 this Section 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 County 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 County 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 County; (B) Whether the quality of the applicant's service under any existing franchise in the County, including signal quality, response to customer complaints, billing practices, and the like, has been reasonable in light of the needs and interests of the communities served; (C) Whether the applicant has the financial, technical, and legal qualifications to provide cable service; (D) Whether the application satisfies any minimum requirements established by the County 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 Subsection 5A-104(b)(3)(D), the applicant will provide adequate PEG 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 granting 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 County. (4) If the County 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 County 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 County may hold one or more public hearings or implement other procedures under which comments from the public on an application may be received. The County 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 Subtitle 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. (c) 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 percent (5%) 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 County shall consider whether an applicant has had previous requests for a franchise denied by the County 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 County shall consider whether, at any time during the ten (10) years preceding the submission of the application, the applicant was convicted of any act or omission of such character that the applicant cannot be relied upon to deal truthfully with the County 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 County 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 County 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 the 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 communities 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 County 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 PEG access channel capacity, facilities, or financial support to meet the community's needs and interests; (10) If necessary at the County'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 necessary to demonstrate compliance with the requirements of this Subtitle; (12) Any additional information that the County may request of the applicant that is relevant to the County's 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 County may, at its discretion and upon request of an applicant, waive in writing the provision of any of the information required by this Section 5A-104(c). (d) 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. Section 546, as from time to time amended. (e) An application for modification of a franchise agreement shall include, at a 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. Section 545, and, if so, a demonstration that the requested modification meets the standards set forth in 47 U.S.C. Section 545; (4) Any other information that the applicant believes is necessary for the County 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) 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 County 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) Following approval by the County, any franchise granted pursuant to this Subtitle, 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 County have accepted and signed the franchise agreement and the bill granting County approval is effective.