5101
HARFORD COUNTY

NEITHER OF THE COMMUNICATING PARTIES, WHETHER THE
COMMUNICATION SIGNAL EXCHANGE IS OBSERVED BY VISUAL OR
ELECTRONIC MEANS FOR ANY PURPOSE WHATSOEVER.

SECTION 6.3. NON-EXCLUSIVE FRANCHISE.

(A)    THE GRANTING AUTHORITY SHALL GRANT THE COMPANY
A NON-EXCLUSIVE FRANCHISE TO CONSTRUCT, ERECT, OPERATE
AND MAINTAIN A CATV SYSTEM, IN, UPON, ALONG, ACROSS, OVER
AND UNDER THE COUNTY OWNED STREETS AND ALL EXTENSIONS
THEREOF AND ADDITIONS THERETO AND OTHER PLACES DEFINED
AND LIMITED BY THIS ARTICLE.

(B)    THE FRANCHISE SHALL BECOME EFFECTIVE ON THE
DATE ON WHICH THE GRANTING AUTHORITY NOTIFIES THE COMPANY
THAT THE FRANCHISE HAS BEEN AWARDED PURSUANT TO THIS ACT
AND IN CONFORMANCE WITH THE HARFORD COUNTY CODE. THE
FRANCHISE SHALL REMAIN IN EFFECT FOR FIFTEEN (15) YEARS,
UNLESS SOONER TERMINATED AS HEREINAFTER PROVIDED. [[THE
COMPANY SHALL HAVE THE OPTION TO CONTINUE OPERATIONS FOR
A FURTHER TEN YEAR PERIOD SUBJECT TO THE APPROVAL OF THE
GRANTING AUTHORITY, SUCH APPROVAL SHALL NOT BE
ARBITRARILY WITHHELD.]] THE FRANCHISE SHALL BE SUBJECT TO
RENEWAL FOR A PERIOD OF TEN (10) YEARS DURATION ON THE
SAME TERMS OR CONDITIONS AS CONTAINED HEREIN. OR ON SUCH
DIFFERENT OR ADDITIONAL TERMS AND CONDITIONS AS MAY BE
LAWFULLY SPECIFIED BY THE GRANTING AUTHORITY AND AS ARE
CONSISTENT WITH THE REQUIREMENTS OF THE FEDERAL
COMMUNICATIONS COMMISSION. NO RENEWAL HEREOF SHALL BE
GRANTED UNLESS AUTHORIZED BY THE COUNCIL FOLLOWING AN
APPROPRIATE PUBLIC PROCEEDING INVOLVING PUBLIC NOTICE AND
AN OPPORTUNITY FOR INTERESTED PARTIES TO PARTICIPATE
DURING WHICH PROCEEDING CORPORATION'S PART PERFORMANCE,
THE ADEQUACY OF THE PROVISIONS OF THE EXPIRING FRANCHISE
AND THE CONSISTENCY OF SUCH PROVISIONS WITH APPLICABLE
STANDARDS OF THE FEDERAL COMMUNICATIONS COMMISSION HAVE
BEEN CONSIDERED.

(C)    NOTHING IN THIS ARTICLE OR A GRANT OF A
FRANCHISE SHALL BE CONSTRUED AS A WAIVER OF THE COUNTY'S
RIGHT TO REQUIRE ANY PERSON, OTHER THAN THE COMPANY
UTILIZING THE SYSTEM, TO SECURE THE GRANTING AUTHORITY'S
CONSENT PRIOR TO SUCH UTILIZATION.

SECTION 6.4. FRANCHISE REQUIRED.

IT SHALL BE UNLAWFUL TO COMMENCE, CONTINUE, OR
ENGAGE IN CONSTRUCTION AND/OR OPERATION OF A CATV SYSTEM,
IN HARFORD COUNTY, MARYLAND, WITHOUT A FRANCHISE THAT HAS
BEEN AWARDED PURSUANT TO THE TERMS AND PROVISIONS OF THIS
ARTICLE.

SECTION 6.5. METHODS FOR SOLICITATION OF APPLICATIONS.