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<section number="5A-119" name="Administration" law="code" slug="sec-5a-119" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_5ACATETE_DIV1CATE_S5A-119AD">
  <level label="a">
    <text>There is hereby established the County Cable Television Commission which shall consist of five (5) members appointed by the County Executive for terms coterminous with his and confirmed by the Council. Vacancies shall be filled for the unexpired term in the manner of original appointment. Each member shall serve until his successor is appointed and qualified. One (1) of said members shall have practical experience and/or educational qualifications in the field of cable television; one (1) of said members shall be a Certified Public Accountant; and three (3) of said members shall be of the public at large, provided that one (1) of said members shall be a representative of the Prince George's Municipal Association. The Municipal Association nominee shall be chosen by the County Executive from a list of three (3) persons submitted by the Municipal Association. The Chairman of the Commission shall be a public member, designated by the County Executive and confirmed by the Council pursuant to Section 322 of the Charter. A member of the Commission may be removed only for cause by the County Executive, subject to approval by the Council. Any member who ceases to reside within the County shall immediately forfeit his office.</text>
  </level>
  <level label="b">
    <text>The Commission shall meet at least once a month and at such other times as deemed necessary. Three (3) members shall constitute a quorum at any meeting. The members of the Cable Television Commission shall be compensated at the rate of Three Hundred Dollars ($300) per month based on attendance at regularly scheduled meetings. This compensation shall include any additional meetings or hearings required during a given month. Said compensation shall be paid out of revenue derived from the franchise fee.</text>
  </level>
  <level label="c">
    <text>The Commission budget shall be part of the budget of the Office of Information Technology.</text>
  </level>
  <level label="d">
    <text>The Commission shall have the following general powers and duties:</text>
    <level label="1">
      <text>Invite, receive, review, and evaluate applications for franchises and, following public hearings thereon, recommend to the Council the approval of those franchises which will best serve the residents of County;</text>
    </level>
    <level label="2">
      <text>Resolve disagreements among franchisees, subscribers, and public and private users of system facilities. In the cases where a franchisee has not satisfactorily responded to complaints of service failures, poor service, inferior audio or video signals, or violates FCC customer service standards, the Commission shall have the power to order adjustments which may take the form of the following, without limitation:</text>
      <level label="A">
        <text>Require the franchisee to adjust billing charges for services as provided in its franchise agreement and applicable law;</text>
      </level>
      <level label="B">
        <text>Require the franchisee to make reasonable refunds, rebates, or credits as provided in its franchise agreement and applicable law;</text>
      </level>
      <level label="C">
        <text>Require a franchisee to provide service pursuant to the line extension and service availability requirements of its franchise agreement and applicable law;</text>
      </level>
    </level>
    <level label="3">
      <text>Regulate rates in accordance with this Subtitle and federal law and advise the Council periodically on such regulation;</text>
    </level>
    <level label="4">
      <text>Encourage use of access channels among the widest range of institutions, groups, and individuals within County;</text>
    </level>
    <level label="5">
      <text>Audit all franchise records as required by this Subtitle and, in the Commission's discretion, require the preparation and filing of information additional to that required herein;</text>
    </level>
    <level label="6">
      <text>Make an annual report to the Council, including an account of franchise fees received and distributed and a review of any plans submitted during the year by franchisees for development of new services;</text>
    </level>
    <level label="7">
      <text>Conduct periodic evaluation of a system with the cooperation of the franchisee and, pursuant thereto, make recommendations to the Council for amendments to this Subtitle or the franchise agreement;</text>
    </level>
    <level label="8">
      <text>Advertise in the County's newspapers of record, stating the date, time, place, subject matter and reasonable rules governing the taking of testimony, thirty (30) days' notice of public hearing on franchise applications received by the Commission, franchise revocations, and franchise renewals. With respect to all other public hearings, the notices shall be published prior to the hearings. Direct letter notice of all public hearings shall be given to those municipalities in the affected franchise territory. All public hearings related to a specific franchise shall be held within the geographical boundaries of its franchise area;</text>
    </level>
    <level label="9">
      <text>Promulgate regulations designed to facilitate the delivery of Cable Service to senior citizens who reside in multifamily dwellings, provided that these regulations shall not become effective until approved by resolution of the Council;</text>
    </level>
    <level label="10">
      <text>Authorize the transfer of a franchise;</text>
    </level>
    <level label="11">
      <text>Without limitation, the Commission, by the County Attorney, may institute actions in a court of proper jurisdiction to compel specific performance of customer service standards; provided, however, that a franchisee shall retain any claims it may have as to the propriety of any delegation of authority under this Section;</text>
    </level>
    <level label="12">
      <text>The Cable Commission shall not hold any meeting involving the review, renewal, revocation, or termination of the franchise unless the Director has:</text>
      <level label="A">
        <text>Advised the franchisee in writing at a reasonable time prior to such meeting as to its time, place, and purpose; and</text>
      </level>
      <level label="B">
        <text>Provided reasonable public notice of the meeting.</text>
      </level>
    </level>
  </level>
  <level label="e">
    <level label="1">
      <text>Members of the Commission shall file Financial Disclosure Statements in accordance with the provisions of Division 17A of Subtitle 2 of this Code.</text>
    </level>
    <level label="2">
      <text>When a member of the Commission has any interest which is, or may reasonably be, incompatible or in conflict with any of his official duties or acts, he shall disclose the interest in a regular business meeting of the Commission and the disclosure shall appear in the minutes, and he shall disqualify himself and not participate in the decision or act affected thereby.</text>
    </level>
  </level>
  <level label="f">
    <text>The Executive Director of the Commission shall:</text>
    <level label="1">
      <text>Supervise and control Commission staff; and</text>
    </level>
    <level label="2">
      <text>Enforce FCC guidelines as they exist on the effective date of this Subtitle or as they may exist at any time in the future, for as long as such FCC guidelines are in legal effect.</text>
    </level>
  </level>
  <level label="g">
    <text>The Council shall have the sole authority to grant franchises; authorize the entering into of franchise agreements; modify franchise agreements; renew franchises; revoke franchises; and impose penalties pursuant to this Subtitle.</text>
  </level>
</section>
