Title 1. Definitions; General Provisions — Subtitle 7. Limits on Competition; Franchises

grant to a county or municipality additional authority in any substantive area beyond that granted under other public general law or public local law;

restrict a county or municipality from exercising authority granted under other public general law or public local law;

authorize a county or municipality to engage in an activity not authorized under other public general law or public local law; or

preempt or supersede the regulatory authority of a unit of State government.

This section applies to all counties, except:

The provisions of §§ 9–105 and 9–106 of this article apply to an act, an ordinance, or a resolution adopted by a commission county under this section.

A county may grant franchises as provided under existing public general law or public local law.

provide adequate, economical, and efficient transportation services;

protect against excessive and inconsistent prices for transportation services;

conserve energy and reduce accidents, air pollution, congestion, and traffic hazards through public transportation;

encourage its use by contributing capital and operating funds so that transportation may be provided at the lowest cost; and

promote the general welfare by providing a comprehensive transportation system.

operate a public transportation system on an exclusive basis, including:

assure delivery of adequate, economical, and efficient water and sewerage services;

avoid duplication of water and sewerage facilities;

control disease and provide for the public health and safety;

prevent environmental degradation;

protect natural resources;

use the public right–of–way efficiently; and

promote the general welfare by providing adequate water and sewerage systems.

Notwithstanding any anticompetitive effect, a county or municipality may:

If another law grants a county or municipality the authority to operate water and sewerage systems, the county or municipality shall operate the systems without regard to any anticompetitive effect.

directs to a specific facility for reclamation, recycling, or reuse; or

disposes of on its property.

use its assets properly for the best public purpose;

protect the public from unscrupulous business practices and excessive prices;

provide maximum accessibility to public property;

provide desirable or necessary governmental services at the lowest possible cost; and

promote the general welfare by using public property for the benefit of the residents of the county or municipality.

lease or sublease publicly owned or leased real property on terms that the county or municipality determines.

provide for safe harbors free of congestion and navigational hazards;

protect marine life and wildlife; and

prevent water pollution and erosion.

grant one or more franchises or enter into contracts for the placement or construction of structures in or on the waters of the county or municipality;

issue licenses for wharves and piers; or

issue permits for mooring piles, floating wharves, buoys, and anchors.

Unless otherwise defined by local law, in this section, “cable television system” means a nonbroadcast facility that consists of a set of transmission paths and associated signal generation, reception, and central equipment, under common ownership and control, that distributes or is designed to distribute to subscribers the signals of one or more television broadcast stations.

“Cable television system” does not include a facility that:

grant a franchise for a cable television system that uses a public right–of–way;

impose franchise fees;

establish rates applicable to a franchise; and

adopt rules and regulations for the operation of a franchise.