Plain Text Law

Sec. 5A-107. Design and construction

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-107 (2026)

Sec. 5A-107. Design and constructionCopy Citation

(a)
Every franchise agreement shall specify the construction schedule that will apply to any required construction, upgrade, or rebuild of the cable system.
(b)
(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 County.
(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 County 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 County, protect, support, temporarily disconnect, relocate, or remove any of its property when required by the County by reason of traffic conditions, public safety, public right-of-way construction, public right-of-way maintenance 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 County 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 County and at the sole discretion of the County.
(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 County 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 County 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 County, 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 payment in advance, except in the case where the requesting person is the County, in which case no such payment shall be required. A franchisee shall be given not less than seventy-two (72) hours advance notice to arrange for such temporary wire changes.
(8)
A franchisee shall participate in any "Miss Utility" program active in its franchise area with regard to giving and receiving notice of the location of facilities and excavations.
(9)
Wherever all electrical and telephone utility wiring is located underground, either at the time of initial construction or subsequently, at the direction of the County, the television cable shall also be located underground at no expense to the County. If the facilities of either the electric or the telephone utility are aerial, the television facilities may be located underground at the request of a property owner, provided that the difference in cost of the installation shall be paid by the property owner making the request to the franchisee.
(10)
The franchisee shall utilize existing poles, conduits, and other facilities whenever possible, and shall not construct or install any new, different, or additional poles, conduits, or other facilities whether on public property or on privately-owned property until the written approval of the County is obtained. However, no location of any pole or wire-holding structure of the franchisee shall be a vested interest, and such poles or structures shall be removed or modified by the franchisee at its own expense whenever the County Department of Public Works and Transportation determines that the public convenience would be enhanced thereby.
(11)
The franchisee shall have the authority to trim trees on public property at its own expense as may be necessary to protect its wires and facilities, subject to the supervision and direction of the County. Trimming of trees on private property shall require written consent of the property owner.
(c)
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 County. 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 County Code or any successor provision. All repairs, replacements, and restoration shall be undertaken and completed within the timeframes specified by the County or, if none are specified, 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 or for cuts in pavement surface until such time as pavement is overlaid, whichever is longer.
(d)
(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 at no expense to the County.
(2)
Any alteration to the water mains, sewerage or drainage system, or to any County, 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 County and any other person. All work performed by the franchisee shall be done in the manner prescribed by the County or other officials having jurisdiction therein.
(e)
Nothing in this Subtitle or any franchise agreement shall be in preference or hindrance to the right of the County 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 Prince George's County official, board, authority, commission, or public service corporation.
(f)
The franchisee shall make every reasonable effort to cooperate with cable television franchise holders in contiguous communities in order to provide cable service in areas within the County but outside the franchisee's service area.
(g)
A franchise shall address the cable system's two-way capacity and shall include provisions regarding nonvoice return communication.
(h)
Franchisee shall maintain in constant readiness equipment capable of providing standby power for the cable television system.
(1)
Said equipment shall be constructed so as to revert automatically to a standby mode when alternating current power returns.
(2)
The franchisee shall comply with all utility and other safety regulations to prevent a standby generator from powering a "dead" utility line so as to cause injury to any person.