It shall be unlawful for any person to construct,
install or operate a cable television system in Queen Anne's County
within any public right-of-way without a properly granted franchise
issued pursuant to the provisions of this chapter.
Any franchise granted by the County shall grant
to a grantee the nonexclusive right and privilege to erect, construct,
operate and maintain in, upon, and along, across, above, over and
under the public rights-of-way, now in existence and as may be created
or established during a franchise term, any poles, wires, cable, underground
conduits, manholes, and other television conductors and fixtures necessary
for the maintenance and operation of a cable system to provide cable
service within a franchise area. A franchise granted by the County
does not expressly or implicitly authorize a grantee to provide service
to, or install a cable system on, private property without the owner's
consent (except for use of compatible easements pursuant to the Cable
Act, or to use publicly or privately owned conduits or any other public
property without a separate agreement with the owners thereof).
Any franchise to provide cable service shall
be valid within all the unincorporated territorial limits of Queen
Anne's County, Maryland, unless otherwise specified in the franchise
agreement.
Franchise renewals shall be conducted in accordance
with applicable law, including, but not necessarily limited to, the
Cable Act, as amended. Grantor and grantee, by mutual consent, may
enter into renewal negotiations at any time during the term of the
franchise.
The County shall have the right, during the
term of a franchise, to install and maintain free of charge upon the
poles of a grantee any wire or pole fixtures that do not unreasonably
interfere with the cable television system operations of the grantee.
The County shall indemnify and hold harmless, to the extent permitted
by law, the grantee from any claim that might arise due to or as a
result of such usage.
Costs to be borne by an initial grantee shall
include, but shall not be limited to, any reasonable charges incidental
to the awarding or enforcing of an initial grantee's franchise, all
costs of publications of notices prior to any public meeting provided
for pursuant to this chapter, and any costs not covered by application
fees but incurred by the County in its study, preparation of proposal
documents, evaluation of all applications, and examinations of the
applicant's qualifications. Any payments made to the County pursuant
to this section shall not be considered franchise fees.