[HISTORY: Adopted by the Township Committee of the Township of Delanco as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-17-1995 by Ord. No. 5-1995]
Storer Cable Communications of Burlington County (hereinafter "company"), and its predecessor companies have constructed and operated a cable television system within the Township of Delanco pursuant to the municipal consents previously granted by the Township Committee and pursuant to a certificate of approval issued by the Board of Regulatory Commissioners of the State of New Jersey. The application for renewal of municipal consent was filed by the company. Public hearings were held by the Township Committee on the application and a record was developed. The public hearings drew no objection to the operations of the company. Following the close of the public hearing record, the Township Committee and the company continued negotiations over the duration of the municipal consent renewal term and the services and improvements to the cable television system to be provided by the company, with the Township Committee rendering a decision to renew the company's municipal consent for a period of 15 years from the effective date of this ordinance subject to modifications to the company's application agreed to by the company.
Words used in this ordinance shall have the meanings set forth in N.J.S.A. 48:5A-3 and N.J.A.C. 14:18-1.2, as may be amended from time to time, unless a different meaning clearly appears from the context. In addition, the words set forth below are defined as follows:
COMPANY
Comcast Cablevision of Burlington County, its servants, employees, agents, officers, directors and contractors.
OCTV
The Office of Cable Television, Board of Public Utilities, State of New Jersey.
TOWNSHIP
The Township of Delanco and its government, including the Township Committee and its administrative personnel.
The Township Committee of the Township of Delanco hereby consents to the renewal of the nonexclusive cable television franchise of Comcast Cablevision of Burlington County, for a period of 15 years from the effective date of this ordinance. This consent shall permit the company to place and maintain in, upon, along, across, above, over and under the highways, streets, alleys, sidewalks, public ways and public places in the Township of Delanco, poles, wires, cables, underground conduits, manholes, and other cable conductors and fixtures necessary for the maintenance and operations of a cable television/cable communications system, subject, however, to the provisions of this ordinance, and further subject to the written acceptance by the company of all of the terms and conditions of this ordinance. Pursuant to this grant of consent, the company shall continue to operate a cable television system within the Township and shall continue to furnish cable television and reception service to all subscribers within the Township.
The consent granted by this ordinance shall apply to the entirety of the Township of Delanco. All questions of municipal boundary location, rights and interests in property, federal, state, county and/or other governmental or quasi-governmental rights, privileges and/or interests in real estate shall be investigated and researched at the company's own cost and expense, insofar as they shall pertain to the company; procedures necessary to gather relevant information and to resolve every such question shall be pursued in the company's own name, and the Township shall never be under any requirement to take any steps to define, delineate, establish or clarify the boundaries or rights of the Township.
The foregoing consent is and shall at all times be subject to the company's application for a street opening permit pursuant to Township regulations with respect to the actual and exact locations of every pole, wire, cable, underground conduit, manhole and other conductor and fixture referred to in § A325-3 above, in, upon, across, above, under, over and otherwise affecting any Township easement property or other interest in real estate. Upon request, the company shall deliver to the Township accurate plans showing the then-current locations of all facilities referred to in § A325-3.
The foregoing consent is and at all times shall be subject to full and detailed compliance with the Township ordinances, specifically including but not limited to zoning and land use ordinances, and resolutions adopted by the Township Committee, and all rules, regulations and laws of all applicable jurisdictions as to all aspects of location, operation and maintenance of microwave or other receivers or transmitters, studio facilities, mobile equipment and vehicles, all other facilities, equipment, apparatus and the like incidental to the origination of programming, the sending or receiving of signals, and offices, storage, power sources, power plant and the like.
No easement, right-of-way, title in fee simple, leasehold or other interest in real estate, nor any other interest in property of the Township, is hereby granted.
The company shall, during each year of operation under the consent granted herein, pay to the Township the maximum franchise fee permitted by law. It is acknowledged that, at the time of the enactment of this ordinance, the maximum franchise fee permitted by law is a sum equal to 2% of the basic revenues from all recurring charges in the nature of subscriptions fees received by the company from subscribers to the company's cable television reception within the franchise territory. The company shall annually, with the payment of the franchise fee, provide the Township with a financial statement verifying the amount of basic revenues subject to the franchise fee. The company shall file with the Township a copy of the Annual CATV-1 Report as filed with the Board of Public Utilities, as to the Township of Delanco, within 30 days after filing with the Board of Public Utilities, Office of Cable Television. In the event of a dispute between the Township and the company as to the calculation of the franchise fee, the company shall, upon reasonable notice, permit the Township to inspect its books of account and other records for the purpose of ascertaining or verifying the amount of gross revenues subject to the foregoing franchise fee. All such records beyond the certified financial statement shall be deemed to be private and proprietary and shall be made available to the Township for the limited purposes set forth herein. In the event that applicable law hereafter permits a larger franchise fee to be collected, the Township shall be entitled to the larger franchise fee 90 days from the effective date of the applicable law. Nothing herein shall prohibit the Township and the company from entering into negotiations with respect to the franchise fee or from reaching an agreement which would provide for a reduced franchise fee in exchange for improved services or benefits which the Township may determine to be in the best interests of the Township.
The company shall provide service to all dwellings, businesses, schools and institutions located within the Township which are passed by cable and within 20 days of a request for service except as provided in N.J.A.C. 14:18-3.2 and unless prevented or delayed by circumstances beyond its control. The company will provide service to existing and newly constructed dwellings, businesses, schools and institutions that require extensions to the system in accordance with the line extension policy set forth in the application. Service will be provided to newly constructed buildings within three months of issuance of a certificate of occupancy, provided that the developer or builder shall advise the company promptly after approval of subdivision or when site plans have been obtained from the Planning Board or Zoning Board of Adjustment, or after issuance of a building permit in cases where local land use board approval is not necessary, to permit the company to coordinate its installations with other construction and utility installation work; further provided that all costs of extension payable by the subscriber have been paid, unless the company is prevented or delayed by circumstances beyond its control.
A. 
Restoration. In the event that the company shall from time to time disturb any public or private pavement, street surface, curbs, gutters, sidewalks, driveways, above- or below-ground utilities, lines, fixtures, equipment or other facilities, or trees, shrubs or other landscaping or surfaces in the natural topography, the company, upon written notice from the Township, shall, within a reasonable time, at its sole expense restore and replace such places and things so disturbed to and in not less than as good condition as existed prior to each such disturbance. In so doing, the company shall comply with all applicable ordinances, resolutions, laws, rulings and regulations.
B. 
Relocation. If, at any time during the period of this consent, the Township shall alter or change the grade of any public street, alley or other way or place, or alter or change the location or grade of any public water or sewer facility, or other utility facility, the company, upon reasonable written notice by the Township, shall, at its own expense, remove, relay and relocate its cables, equipment or other facilities.
C. 
Temporary removal of cables. The company shall, upon request of the Township, temporarily raise, lower or remove its cables and associated facilities in order to facilitate the moving of buildings, equipment, vehicles and machinery and to accommodate other like circumstances. Any request to temporarily raise, lower or remove its cables and associated facilities by the Township for a governmental purpose of the Township shall be accommodated at the sole expense of the company. Any request to temporarily raise, lower or remove its cables and associated facilities on behalf of a third party and not for a governmental purpose shall be accommodated at the expense of the third party on the same basis as that third party is able to make arrangements for the raising, lowering or removal of telephone or electric cables and associated facilities.
D. 
Removal or trimming of public trees. The company may, in carrying out its usual operation, reasonably and prudently trim trees which are under the jurisdiction of the Township or other public body to prevent the branches of trees from coming in contact with the wires and cables of the company. Trimming shall not exceed that which is necessary to maintain proper clearance for the company's wires and cables. Prior approval from the proper public body is required for removal of any public tree, said approval not to be unreasonably withheld. In the event of an emergency (such as an act of God), prior approval is not necessary, provided that notice is given to the Township Clerk.
The Office of Cable Television is hereby designated as the complaint officer to receive and act upon complaints by subscribers to cable television reception service provided by the company pursuant to the provisions of N.J.S.A. 48:5A-26. All complaints shall be received and processed as provided by the regulations applicable to the Office of Cable Television.
During the term of its franchise and any renewal thereof, the company shall maintain a full-service local business office for the purpose of receiving, investigating and resolving all complaints regarding the quality of service, equipment malfunctions, exchange and return of converters, minor repairs, sales and acceptance of payment of bills and similar matters. The office shall be open for business at a minimum during the hours of 9:00 a.m. to 5:00 p.m., Monday through Friday, and 9:00 a.m. to 12:00 noon on Saturdays.
During the term of its franchise and any renewal thereof, the company shall make a portion of a local access/local origination channel, also known as a Public, Educational and Governmental (PEG) channel, available to the Township of Delanco for use as the Township Committee may direct. At a minimum, the current usage of the PEG channel, currently Channel 8 for Delanco oriented programming, shall be maintained and shall not be reduced. At the time of expanded channel capacity, as provided in this ordinance, an additional Public, Educational and Governmental access channel shall be provided with proportional additional time allocated on the additional channel for Delanco oriented programming. The company shall ensure that the signals originated on the local access/local origination channels are carried without material degradation, as measured by signal level, carrier-to-noise ratios or other technical standards within the control of the company, and that the signal quality of the local access channel is equal to that of other channels which the company transmits. Nothing herein shall be construed to require the company to take action to improve or enhance the quality of videotape materials provided to the company. It is acknowledged that, to the extent that requests are not sufficient to use the additional channel for community-based programming, then the PEG channel can be used for other programming. In determining the availability of the channel for other than community-based programming, a priority shall be given during prime time hours for community-based programming on the PEG channels.
The company shall respond to subscriber complaints regarding quality of service, equipment malfunctions, outages and similar matters within 24 hours following receipt of the complaint, whether by mail, in person or by telephone, except that when a complaint is received on a weekend or holiday, the company shall respond within 36 hours or on the next business day, whichever is earlier. Problems within the company's control shall be promptly corrected. The company shall make as many service calls as may be reasonably necessary in order to resolve a complaint attributable to operation of the company's system. The company shall make no charge for receiving, responding to, investigating and resolving complaints, nor for any repair, maintenance or other service to or for a subscriber arising out a complaint, except as may be expressly authorized by the company's filed tariff.
The company shall provide semiannual reports to the Township Committee on its routinely maintained level of service. These reports shall, to the extent permitted by law, include a report on all complaints, whether showing the date and time received, the nature of the complaint, the response and disposition of the complaint and the date and time the complaint was resolved, and the percentage of calls completed within a specific number of hours. The reports are considered to be proprietary and confidential and may be retained in the Township files in a protected manner, but may not be retained by Township Committee members. The company shall reasonably respond to any other request for information by the Township Committee, to the extent permitted by law.
The company shall notify the Township Clerk of any rate increase or change in the channel mix in accordance with the applicable OCTV regulations. (At the time of the enactment of this ordinance, it is understood that the OCTV regulations require five days' notice on any addition of a channel and 30 days' notice for any deletion of a channel or for any rate increase.)
The Township shall have the maximum authority with respect to regulation of rates permitted by law. It is acknowledged that under current federal and state law the Township does not have the authority to regulate rates. In the event that federal and/or state law is amended to provide for the Township to have that authority, then the Township shall have the maximum authority permitted by law.
The Township shall have the maximum authority with respect to regulation of channel mix provided by the company as is permitted by law. It is acknowledged that under current federal and state law the Township does not have the authority to regulate channel mix. In the event that federal and/or state law is amended to provide for the Township to have that authority, then the Township shall have the maximum authority permitted by law.
The company shall upgrade reception by the installation of a fiber optic node by December 31, 1995. The company shall provide a minimum of 60 channels throughout the franchise area not later than September 30, 1996, in accordance with the technical standards set forth in the application.
The company shall continue to maintain a fully operational and equipped studio, which shall be available for use to the public in accordance with reasonably established company policies for its use.
Any new construction areas and any areas wherein existing lines are to be substantially replaced shall be installed with the cable underground and with ground level equipment comparable to that installed in existing areas with underground cable installation. To the extent that telephone or electric cables are above ground, the company may place its cables above ground, following the other utility lines.
The company shall make representatives available to meet on a semiannual basis with the Township Committee when appropriate. A representative of OCTV may be invited, for the purpose of reviewing the company's performance and to review the reports to be provided by the company.
The company shall meet with the Township Committee, when requested to do so by the Township Committee, in order to discuss developments in cable television technology and, where feasible, to demonstrate the technology.
The company shall meet all FCC established requirements for HDTV (High Density Television) or similar signal transmission without any reduction below the minimum channel capacity established by this ordinance.
The company shall maintain an emergency audio override capability to permit the broadcasting of emergency messages simultaneously on all channels. In the event of an emergency, an authorized representative of the Township may request, and the company shall honor such request consistent with Federal Communications Commission regulations, to broadcast such emergency messages. The Township shall provide the company with a list of those Township officials who shall be authorized to request the use of the audio override capability. The Township shall indemnify the company for any third-party claims which may arise out of the negligent or improper use of the audio override capability by the authorized Township representative. The indemnification shall not extend to the use of the audio override capability by anyone other than an authorized Township representative and shall not extend to any claims for incidental damages, including but not limited to lost revenue or interference with any program being broadcast.
To secure the faithful performance by the company of all of its obligations to the Township and its subscribers, the company shall deliver to the Township and maintain in force throughout the duration of its franchise a bond in the penal sum of $25,000, conditioned on the faithful performance by the company of all of its undertakings pursuant to its franchise, its application for municipal consent and this ordinance. In the event that the company undertakes any construction or reconstruction which involves opening any street, the company shall post an additional performance bond in an amount determined to be reasonably necessary by the Township Engineer and approved by the Board of Public Utilities pursuant to the appropriate regulations.
During the term of its franchise and any renewal thereof, the company shall provide basic monthly service to one outlet in each fire station, school, municipal building and library within the Township without charge. Installation of all outlets beyond the first to each fire station, school and library within the Township shall be on a cost-plus-labor basis.
A. 
During the term of its franchise and any renewal thereof, the company shall deliver to the Township and maintain in force at its sole expense sufficient liability insurance naming the Township of Delanco as an insured and insuring against loss by any such claim, suit, judgment, execution or demand in the minimum amounts of:
(1) 
Five hundred thousand dollars for bodily injury or death to one person;
(2) 
Two million five hundred thousand dollars for bodily injury or death from any one accident;
(3) 
One million dollars for property damage resulting from any one accident; and
(4) 
Two hundred fifty thousand dollars for all other types of liability.
B. 
The company shall assure that no such policy of insurance shall be canceled without a minimum of 10 days' notice to the Township, or greater notice if required by regulations of the New Jersey Department of Insurance.
A. 
Subject to the provisions of § A325-30, the company shall hold and save the Township harmless from the indemnity and defend the Township against every claim, loss and liability of every kind, arising in any and every way directly or indirectly, immediately and consequentially from:
(1) 
The grant or use of this municipal consent.
(2) 
The construction, operation and/or maintenance of a cable television system and/or incidental fixtures or facilities within or without the Township.
(3) 
The acquisition of, or negotiation for the acquisition of, any interest in real estate, rights or privileges within or without the Township.
(4) 
The making, prosecuting or processing of any application for any governmental approval, permit or license, including all appeals.
(5) 
All proceedings of every kind by or against the company.
(6) 
Any act or omission of the company of any of its officers, directors, employees, agents, contractors, suppliers, materialmen or affiliate companies.
(7) 
The exercise or implementation, whether or not proper or lawful, of any right or privilege expressed or implied hereunder, by law or otherwise arising out of this municipal consent.
(8) 
The company's action, inaction, franchise, operation, maintenance, construction, installation or the like.
B. 
"Loss" shall include all actual legal fees and costs. The indemnification provision herein shall not apply to any claim, loss or liability arising solely from the act or omission of the Township, its officers or employees.
The franchise herein granted shall be nonexclusive.
It is acknowledged that developing technology may result in the capacity for the company to deliver television signals to subscribers by technology other than by traditional cable systems. The company agrees to keep the Township advised in a reasonably timely manner of any developments which would have an impact on the franchise herein granted. With respect to the implementation of any technological change for the delivery of television signals which would result in a potential reduction in the franchise fee payable to the Township, the company agrees to give the Township 180 days' advance notice before implementation of the technological change in the delivery system, and, during the one-hundred-eighty-day period, to meet with the Township to discuss the impact on the Township of the change.
Upon the expiration of the franchise term granted by this ordinance, the company shall be entitled to apply for a renewal of the franchise with the anticipation of the company and the Township that any renewal request would be for a term of 10 years. It is anticipated that the renewal would be for a term of 10 years, provided that the Township Committee determines, after a public hearing, that the company has substantially met operating standards required by law or by this ordinance, the company has provided expanded service and channel capacity as required by this ordinance, the company has continued to improve service on a regular basis in accordance with developing technology, and the terms of the consent granted herein continue to be adequate and in the public interest.
Except as modified by this ordinance, all of the statements and commitments contained in the application of Comcast Cablevision of Burlington County, for renewal of municipal consent filed with the Township, together with all of the statements and commitments made by the company on the record during the municipal consent renewal proceedings or in correspondence and other documents entered into the record of those proceedings are hereby incorporated by reference in this ordinance and shall be binding on the company as terms and conditions of this consent, whether annexed hereto or not.
Should any provision of this ordinance be determined invalid by a court or administrative tribunal of competent jurisdiction, such determination shall not affect the remaining provisions.
This ordinance shall take effect immediately upon final passage and publication according to law, provided that the company shall have accepted, in writing, all of the terms and conditions set forth herein.
[Adopted 3-1-2010 by Ord. No. 2010-3]
The municipality hereby grants to Comcast renewal of its nonexclusive municipal consent to place in, upon, across, above, over and under highways, streets, alleys, sidewalks, easements, public ways and public places in the municipality, poles, wires, cables, underground conduits, manholes and other television conductors, fixtures, apparatus and equipment as may be necessary for the construction, operation and maintenance in the municipality of a cable television and communications system.
For the purpose of this ordinance, the following terms, phrases, words and their derivations shall have the meaning given herein. Such meaning or definition of terms is supplemental to those definitions of the Federal Communications Commission ("FCC") rules and regulations, 47 C.F.R. Subsection 76.1 et seq., and the Cable Communications Policy Act, 47 U.S.C. Section 521 et seq., as amended, and the Cable Television Act, N.J.S.A. 48:5A-1 et seq., and shall in no way be construed to broaden, alter or conflict with the federal and state definitions:
ACT or CABLE TELEVISION ACT
Chapter 186 of the General Laws of New Jersey, and subsequent amendments thereto, N.J.S.A. 48:5A-1, et seq.
APPLICATION
The company's application for renewal of municipal consent.
BASIC CABLE SERVICE
Any service tier, which includes the retransmission of local television broadcast signals as defined by the FCC.
BOARD or BPU
The Board of Public Utilities, State of New Jersey.
COMPANY
The grantee of rights under this ordinance and is known as Comcast of Burlington County, LLC.
[Amended 6-13-2011 by Ord. No. 2011-22]
FCC
The Federal Communications Commission.
OFFICE or OCTV
The Office of Cable Television of the Board.
PRIMARY SERVICE AREA or PSA
Consists of the area of the municipality currently served with existing plant as set forth in the map annexed to the company's application for municipal consent.
TOWN or MUNICIPALITY
The Township of Delanco, County of Burlington, State of New Jersey.
Public hearings conducted by the municipality, concerning the renewal of municipal consent herein granted to the company were held after proper public notice pursuant to the terms and conditions of the Act and the regulations of the Board adopted pursuant thereto. Said hearings, having been fully open to the public, and the municipality, having received at said public hearings all comments regarding the qualifications of the company to receive this renewal of Municipal Consent, the municipality hereby finds that the company possesses the necessary legal, technical, character, financial and other qualifications and that the company's operating and construction arrangements are adequate and feasible.
A. 
The nonexclusive municipal consent granted herein shall expire 15 years from the date of expiration of the previous certificate of approval issued by the Board with a ten-year automatic renewal as provided by N.J.S.A. 48:5A-19 and 25, and N.J.A.C. 14:18-13.6.
B. 
In the event that the municipality shall find that the company has not substantially complied with the material terms and conditions of this ordinance, the municipality shall have the right to petition the OCTV, pursuant to N.J.S.A. 48:5A-47, for appropriate action, including modification and/or termination of the certificate of approval; provided, however, that the municipality shall first have given the company written notice of all alleged instances of noncompliance and an opportunity to cure same within 90 days of that notification.
Pursuant to the terms and conditions of the Act, the company shall, during each year of operation under the consent granted herein, pay to the municipality 2% of the gross revenues from all recurring charges in the nature of subscription fees paid by subscribers for cable television reception service in the municipality or any higher amount permitted by the Act or otherwise allowable by law, whichever is greater.
The consent granted under this ordinance to the renewal of the franchise shall apply to the entirety of the municipality and any property subsequently annexed hereto.
The company shall be required to proffer service to any residence or business along any public right-of-way in the primary service area, as set forth in the company's application. Any extension of plant beyond the primary service area shall be governed by the company's line extension policy, as set forth in the company's application.
A. 
Restoration. In the event that the company or its agents shall disturb any pavement, street surfaces, sidewalks, driveways, or other surface in the natural topography, the company shall, at its sole expense, restore and replace such places or things so disturbed in as good a condition as existed prior to the commencement of said work.
B. 
Relocation. If at any time during the period of this consent, the municipality shall alter or change the grade of any street, alley or other way or place the company, upon reasonable notice by the municipality, shall remove, re-lay or relocate its equipment, at the expense of the company.
C. 
Removal or trimming of trees. During the exercise of its rights and privileges under this franchise, the company shall have the authority to trim trees upon and overhanging streets, alleys, sidewalks or other public places of the municipality so as to prevent the branches of such trees from coming in contact with the wires and cable of the company. Such trimming shall be only to the extent necessary to maintain proper clearance of the company's wire and cables.
In providing services to its customers, the company shall comply with N.J.A.C. 14:18-1 et seq. and all applicable state and federal statutes and regulations. The company shall strive to meet or exceed all voluntary company and industry standards in the delivery of customer service and shall be prepared to report on it to the municipality upon written request of the municipality Administrator or Clerk.
A. 
The company shall continue to comply fully with all applicable state and federal statutes and regulations regarding credit for outages, the reporting of same to regulatory agencies and notification of same to customers.
B. 
The company shall continue to fully comply with all applicable state and federal statutes and regulations regarding the availability of devices for the hearing impaired and the notification of same to customers.
C. 
The company shall use every reasonable effort to meet or exceed voluntary standards for telephone accessibility developed by the National Cable Television Association (NCTA).
D. 
Nothing herein shall impair the right of any subscriber or the municipality to express any comment with respect to telephone accessibility to the Complaint Officer, or impair the right of the Complaint Officer to take any action that is permitted under law.
The Office of Cable Television is hereby designed as the Complaint Officer for the municipality pursuant to N.J.S.A. 48:5A-26(b). All complaints shall be received and processed in accordance with N.J.A.C. 14:17-6.5. The municipality shall have the right to request copies of records and reports pertaining to complaints by municipality customers from the OCTV.
During the term of this franchise, and any renewal thereof, the company shall maintain a business office or agent in accordance with N.J.A.C. 14:18-5.1 for the purpose of receiving, investigating and resolving all local complaints regarding the quality of service, equipment malfunctions, and similar matters. Such a business office shall have a publicly listed toll-free telephone number and be open during standard business hours, and in no event (excepting emergent circumstances) less than 9:00 a.m. to 5:00 p.m., Monday through Friday.
During the life of the franchise, the company shall give to the municipality a bond in the amount of $25,000. Such bond shall be to insure the faithful performance of all undertakings of the company as represented in its application for municipal consent incorporated herein.
The rates of the company shall be subject to regulation as permitted by federal and state law.
A. 
The company shall provide total preferred cable television service on one outlet at no cost to each school in the municipality, public and private, elementary, intermediate and secondary, provided the school is within 175 feet of active cable distribution plant. Each additional outlet installed, if any, shall be paid for on a materials plus labor basis by the school requesting service. Monthly service charges shall be waived on all additional outlets.
B. 
The company shall provide total preferred cable television service at no cost on one outlet to the Township Municipal Building, each police, fire, emergency management facility and public library in the municipality, provided the facility is located within 175 feet of active cable distribution plant. Each additional outlet installed, if any, shall be paid for on a materials plus labor basis by the municipality. Monthly service charges shall be waived on all additional outlets.
C. 
The company shall provide free basic Internet service, via high-speed cable and modem, to one non-networked personal computer in each qualified existing and future school in the City, public and private, elementary, intermediate and secondary, at no charge provided the facility is located within 175 feet of active cable distribution plant. The Internet service shall be installed on a personal computer that is accessible to the students and not for administrative use only.
D. 
The company shall provide free basic Internet access via high-speed cable and modem on one non-networked personal computer in each qualified existing and future public library at no charge provided the facility is located within 175 feet of active cable distribution plant. The Internet shall be installed on a personal computer that is accessible to library patrons and not for administrative use only.
E. 
Within 12 months of receipt of a renewal certificate of approval, the company shall provide the Township with a one-time technology grant in the amount of $11,500 for the Township's cable and technology related needs.
A. 
The company will comply with the Emergency Alert System ("EAS") rules in accordance with applicable state and federal statutes and regulations.
B. 
The company shall in no way be held liable for any injury suffered by the municipality or any other person, during an emergency, if for any reason the municipality is unable to make full use of the cable television system as contemplated herein.
The company shall at all times maintain a comprehensive general liability insurance policy with a single limit amount of $1,000,000 covering liability for any death, personal injury, property damages or other liability arising out of its construction and operation of the cable television system, and an excess liability (or "umbrella") policy in the amount of $5,000,000.
All of the statements and commitments contained in the application or annexed thereto and incorporated therein, and any amendment thereto, except as modified herein, are binding upon the company as terms and conditions of this consent. The application and other relevant writings submitted by the company shall be annexed hereto and made a part hereof by reference, provided same do not conflict with applicable state or federal law.
Should the municipality grant a franchise to construct, operate and maintain a cable television system to any other person, corporation or entity on terms materially less burdensome or more favorable than the terms contained herein, the company may substitute such language that is more favorable or less burdensome for the comparable provision of this ordinance subject to the provisions of N.J.A.C. 14:17-6.7.
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court or federal or state agency of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and its validity or unconstitutionality shall not affect the validity of the remaining portions of the ordinance.
Nothing in this franchise or in any prior agreement is or was intended to confer third-party beneficiary status on any member of the public to enforce the terms of such agreements or franchise.
This ordinance shall take effect immediately upon issuance of a renewal certificate of approval from the BPU.