[HISTORY: Adopted by the Borough Council of the Borough of Hillsdale as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-1-1998 by Ord. No. 98-24[1]]
[1]
Editor's Note: This ordinance also superseded former Ch. A374, Cable Television Franchise, adopted 5-9-1989 by Ord. No. 89-11, as amended.
The Borough of Hillsdale hereby grants to Cablevision of N.J., Inc., its nonexclusive consent to place in, upon, along, across, above, over and under the highways, streets, alleys, sidewalks, public underground conduits, manholes and other television conductors and fixtures necessary for the maintenance and operation in the Borough of Hillsdale of a cable television system and cable communications systems. Construction, pursuant to said consent, is conditioned upon prior approval of the Board of Public Utilities.
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 CFR Subsection 76.1, et seq., and the Cable Communications Policy Act, 47 U.S.C. 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 or state definitions:
ACT or CABLE TELEVISION ACT
Chapter 186 of the General Laws of New Jersey, 1972, and subsequent amendments thereto; Section 48:5A-1 et seq.
BOARD
The Board of Public Utilities.
COMPANY
Each grantee of rights under this ordinance and is known as "Cablevision of N.J." Said term shall be applicable jointly, severally or in the alternative as the context may require.
A public hearing concerning the consent herein granted to the company was held after proper public notice pursuant to the terms and conditions of the Act. Said hearing having been held as above stated and said hearing having been fully open to the public, and the municipality having received at said hearing all comments regarding the qualifications of the company to receive this consent, the Borough of Hillsdale hereby finds the company possesses the necessary legal, technical, financial and other qualifications and that the company's operating and construction arrangements are adequate and feasible.
The consent herein granted shall expire 10 years from the date of the expiration of the prior certificate of approval as issued by the Board of Public Utilities.
If Cablevision of N.J. seeks a successive consent it shall, prior to the expiration of this consent, apply for a municipal consent and Certificate of Approval in accordance with the Cable Television Act, N.J.S.A. 48:5A-11 and 48:5A-16 and applicable state and federal rules and regulations. The company shall also petition the Board for a certificate of approval authorizing continued operation during the period following expiration of the consent granted herein, and until such time that a decision is made by the municipal governing body relative to the renewal of said consent. Such petition shall be filed at least 60 days prior to the expiration of the initial ten-year consent.
The company shall on or before the 25th day of January of each year pay to the Chief Fiscal Officer of the municipality a sum equal to 2% of the gross from all recurring changes in the nature of subscription fees paid by subscribers to its cable television reception service in the municipality, which change is hereby imposed as a yearly franchise revenue fund, pursuant to the Act.
The company shall be required to complete any proposed construction within the service area described in the application. The timetable as presented in the application incorporated herein has been determined to be reasonable by the Borough of Hillsdale.
Cablevision's system in the Borough is a residential full build. Cablevision shall serve all residents of the Borough located in residentially zoned areas without application of a line extension policy, though Cablevision's rate tariffs for standard and nonstandard residential installations as set forth in its application for franchise shall continue to apply. If a request for service is made by a resident living in a nonresidentially zoned area, Cablevision shall apply OCT's line extension policy at 20 homes per mile.
A. 
Restoration. In the event that the company or its agents shall disturb any pavement, street surfaces, sidewalks, driveways or other surfaces in the natural topography, the company shall at its sole expense restore and replace such places or things so disturbed in as good condition as existed prior to the commencement of said work.
B. 
Relocation. If at any time during the period of this consent, the Borough of Hillsdale shall alter or change the grade of any street, alley or other way or place, the company, upon reasonable notice by the Borough of Hillsdale, shall remove, relay and relocate its equipment at the expense of the company.
C. 
The company shall temporarily move or remove appropriate parts of its facilities to allow moving of buildings, machinery or in other similar circumstances. The expense shall be borne by the party requesting such action except when requested by the Borough of Hillsdale, in which case the company shall bear the cost.
D. 
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 and public places of the Borough of Hillsdale; and keep 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 for the company's facilities.
The consent granted herein to the company shall apply to the entirety of the Borough of Hillsdale and any property hereafter annexed thereto.
During the term of this franchise, and any renewal thereof, the company shall maintain a local business office or agent for the purpose of receiving, investigating and resolving all complaints regarding the quality of service, equipment malfunctions and similar matters. Such local business office shall be open during normal business hours, and in no event less than 9:00 a.m. to 5:00 p.m., Monday through Friday.
A. 
The Borough Clerk is hereby designated as the complaint officer for the Borough of Hillsdale pursuant to N.J.S.A. 48:5A-26, Subdivision a.
B. 
All complaints shall be received and processed in accordance with N.J.A.C. 14:17-6.5.
A. 
During the life of the franchise, the company shall give a corporate surety bond to the Borough of Hillsdale, which bond shall be in the amount of $25,000.
B. 
Such bond shall be to ensure the faithful performance of all undertakings of the company as represented in its application for municipal consent incorporated herein.
The Borough of Hillsdale, having determined that the rates proposed in the application for cable television reception service are reasonable, approves them as presented, subject to review and regulation by the Board of Public Utilities, if permitted by law.
The basic service includes those channels which the company is required to carry by FCC rules and any channel which the company carries without a separate or additional charge.
A. 
The cable operator shall provide access time to noncommercial public, governmental and educational entities to the extent such access was promised to the Borough of Hillsdale in the municipal consent application.
B. 
In addition, the company will provide a public access channel for the cablecasting of noncommercial, public, educational and governmental access programming. When not utilized locally, the cable operator will program the channel with system-wide programs of a similar nature. Further, the cable operator will provide publicity of local programs. Use of the channel is free of charge to franchise residents.
A. 
The company will provide one outlet of free basic cable service to municipal buildings, including the Borough Hall, firehouse, DPW and public library. Additional outlets shall be made available at the company's cost of labor and materials.
B. 
The company will provide one outlet of free basic cable service to all schools in the Borough. Additional outlets shall be made available at the company's cost of labor and materials.
C. 
The company will provide a public access studio for the use of franchise residents. Use of the studio is free of charge, on a first-come, first-served basis. In addition to a studio facility, the company will provide a field camera and editing facilities for public access use. The company will provide television production training courses free of charge to franchise residents.
D. 
The cable operator will provide closed-circuit video-audio lines between any schools or public buildings on a cost-plus-materials basis.
E. 
The cable operator will pay $1 per subscriber per year to be used by the Borough for production materials.
The cable operator agrees not to seek surcharges for any of the local access, free services or similar matters included in this agreement or in other related agreements.
A. 
The Borough of Hillsdale has determined that it is necessary and feasible for it to contract with the company for providing interconnecting services.
B. 
The company shall apply for Board of Public Utilities approval of the terms and conditions of such contract, if applicable.
The Borough of Hillsdale finds that the equipment and/or personnel be provided by the company for public, educational or governmental use as provided in the application for municipal consent is reasonable. The company shall provide a studio for public access programming within a radius of 10 miles of the municipal building of the Borough of Hillsdale.
The company shall be required to have the capability at the head end to override the audio portion of the system in order to permit the broadcasting of emergency messages by the Borough of Hillsdale. The company shall in no way be held liable for any injury suffered by the Borough of Hillsdale 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 Borough of Hillsdale shall also establish reasonable procedures for such uses.
The company agrees to maintain and keep in full force and effect at its sole expense at all times during the term of this consent sufficient liability insurance naming the Borough of Hillsdale as an insured and insuring against loss by any such claim, suit, judgment, execution or demand in the minimum amounts of $1,000,000 for bodily injury or death to one person and $3,000,000 for property damage resulting from any one accident. The company shall file with the Borough Clerk proper evidence of such coverage and shall notify the Borough of Hillsdale of any changes in coverage, cancellation or nonrenewal. The company shall not cancel or change coverage without first giving the Borough of Hillsdale 10 days' advance notice.
All of the commitments and statements contained in the application and any amendment thereto submitted in writing to the Borough by the company, except as modified herein, are binding upon the company as terms and conditions of this consent. The application and any other relevant writings submitted by the company shall be annexed hereto and made a part hereof by reference thereto to the extent that they do not conflict with state or federal law.
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by an any court of federal or state agency of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof.
It is understood that, should any state or federal agency or body modify, change or alter any of its provisions with respect to cable television generally, such modifications, changes or alterations shall be incorporated into this consent consistent with the applicable dates specified in the change.
All ordinances and resolutions inconsistent with the provisions of this ordinance are hereby repealed as to such inconsistencies.
This ordinance shall take effect upon publication of notice of final passage and approval thereof as required by law.
[Adopted 12-1-1998 by Ord. No. 98-25]
The Borough of Hillsdale hereby grants to Cablevision of Oakland, Inc., its nonexclusive consent to place in, upon, along, across, above, over, and under the highways, streets, alleys, sidewalks, public underground conduits, manholes and other television conductors and fixtures necessary for the maintenance and operation in the Borough of Hillsdale of a cable television system and cable communications systems. Construct on, pursuant to said consent, is conditioned upon prior approval of the Board of Public Utilities.
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, F.C.C. Rules and Regulations, 47 CFR Subsection 76.1 et seq., and the Cable Communications Policy Act, 47 USC 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 or state definitions:
ACT or CABLE TELEVISION ACT
Chapter 186 of the General Laws of New Jersey, 1972, and subsequent amendments thereto; Section 48:5A-1 et seq.
BOARD
The Board of Public Utilities.
COMPANY
Each grantee of rights under this ordinance and is known as Cablevision of Oakland, Inc. Said term shall be applicable jointly, severally or in the alternative as the context may require.
A public hearing concerning the consent herein granted to the company was held after proper public notice pursuant to the terms and conditions of the Act. Said hearing having been held as above stated and said hearing having been fully open to the public, and the municipality having received at said hearing all comments regarding the qualifications of the Company to receive this consent, the Borough of Hillsdale hereby finds the Company possesses the necessary legal, technical, financial and other qualifications and that the company's operating and construction arrangements are adequate and feasible.
The consent herein granted shall expire 10 years from the date of the expiration of the prior certificate of approval as issued by the Board of Public Utilities.
If Cablevision of Oakland, Inc., seeks a successive consent it shall, prior to the expiration of this consent, apply for a municipal consent and Certificate of Approval in accordance with the Cable Television Act, N.J.S.A. 48:5A-11 and 48:5A-16 and applicable state and federal rules and regulations. The Company shall also petition the Board for a certificate of approval authorizing continued operation during the period following expiration of the consent granted herein, and until such time that a decision is made by the municipal governing body relative to the renewal of said consent. Such petition shall be filed at least 60 days prior to the expiration of the initial ten-year consent.
The company shall on or before the 25th day of January of each year pay to the Chief Fiscal Officer of the municipality a sum equal to 2% of the gross from all recurring changes in the nature of subscription fees paid by subscribers to its cable television reception service in the municipality, which change is hereby imposed as a yearly franchise revenue fund, pursuant to the Act.
The company shall be required to complete any proposed construction within the service area described in the application. The timetable as presented in the application incorporated herein has been determined to be reasonable by the Borough of Hillsdale.
Cablevision's system in the Borough is a residential full build. Cablevision shall serve all residents of the Borough located in residentially zoned areas without application of a line extension policy, though Cablevision's rate tariffs for standard and nonstandard residential installations as set forth in its application for franchise shall continue to apply. If a request for service is made by a resident living in a nonresidentially zoned area, Cablevision shall apply OCT's line extension policy at 20 homes per mile.
A. 
Restoration. In the event that the company or its agents shall disturb any pavement, street surfaces, sidewalks, driveways or other surfaces in the natural topography, the company shall at its sole expense restore and replace such places or things so disturbed in as good condition as existed prior to the commencement of said work.
B. 
Relocation. If at any time during the period of this consent the Borough of Hillsdale shall alter or change the grade of any street, alley or other way or place, the company, upon reasonable notice by the Borough of Hillsdale, shall remove, relay and relocate its equipment at the expense of the company.
C. 
The company shall temporarily move or remove appropriate parts of its facilities to allow moving of buildings, machinery or in other similar circumstances. The expense shall be borne by the party requesting such action except when requested by the Borough of Hillsdale, in which case the company shall bear the cost.
D. 
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 and public places of the Borough of Hillsdale; and keep 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 for the company's facilities.
The consent granted herein to the company shall apply to the entirety of the Borough of Hillsdale and any property hereafter annexed thereto.
During the term of this franchise, and any renewal thereof, the company shall maintain a local business office or agent for the purpose of receiving, investigating and resolving all complaints regarding the quality of service, equipment malfunctions and similar matters. Such local business office shall be open during normal business hours, and in no event less than 9:00 a.m. to 5:00 p.m., Monday through Friday.
A. 
The Borough Clerk is hereby designated as the complaint officer for the Borough of Hillsdale pursuant to N.J.S.A. 48:5A-26, Subdivision a.
B. 
All complaints shall be received and processed in accordance with N.J.A.C. 14:17-6.5.
A. 
During the life of the franchise, the company shall give a corporate surety bond to the Borough of Hillsdale, which bond shall be in the amount of $25,000.
B. 
Such bond shall be to ensure the faithful performance of all undertakings of the company as represented in its application for municipal consent incorporated herein.
The Borough of Hillsdale, having determined that the rates proposed in the application for cable television reception service are reasonable, approves them as presented, subject to review and regulation by the Board of Public Utilities, if permitted by law.
The basic service includes those channels which the company is required to carry by FCC rules and any channel which the company carries without a separate or additional charge.
A. 
The cable operator shall provide access time to noncommercial public, governmental and educational entities to the extent such access was promised to the Borough of Hillsdale in the municipal consent application.
B. 
In addition, the company will provide a public access channel for the cablecasting of noncommercial, public, educational and governmental access programming. When not utilized locally, the cable operator will program the channel with system-wide programs of a similar nature. Further, the cable operator will provide publicity of local programs. Use of the channel is free of charge to franchise residents.
A. 
The company will provide one outlet of free basic cable service to municipal buildings, including the Borough Hall, firehouse, DPW and public library. Additional outlets shall be made available at the company's cost of labor and materials.
B. 
The company will provide one outlet of free basic cable service to all schools in the Borough. Additional outlets shall be made available at the company's cost of labor and materials.
C. 
The company will provide a public access studio for the use of franchise residents. Use of the studio is free of charge, on a first-come, first-served basis. In addition to a studio facility, the company will provide a field camera and editing facilities for public access use. The company will provide television production training courses free of charge to franchise residents.
The cable operator agrees not to seek surcharges for any of the local access, free services or similar matters included in this agreement or in other related agreements.
A. 
The Borough of Hillsdale has determined that it is necessary and feasible for it to contract with the company for providing interconnecting services.
B. 
The company shall apply for Board of Public Utilities approval of the terms and conditions of such contract, if applicable.
The Borough of Hillsdale finds that the equipment and/or personnel to be provided by the company for public, educational or governmental use as provided in the application for municipal consent is reasonable. The company shall provide a studio for public access programming within a radius of 10 miles of the municipal building of the Borough of Hillsdale.
The company shall be required to have the capability at the head end to override the audio portion of the system in order to permit the broadcasting of emergency messages by the Borough of Hillsdale. The company shall in no way be held liable for any injury suffered by the Borough of Hillsdale 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 Borough of Hillsdale shall also establish reasonable procedures for such uses.
The company agrees to maintain and keep in full force and effect at its sole expense at all times during the term of this consent sufficient liability insurance naming the Borough of Hillsdale as an insured and insuring against loss by any such claim, suit, judgment, execution or demand in the minimum amounts of $1,000,000 for bodily injury or death to one person and $3,000,000 for property damage resulting from any one accident. The company shall file with the Borough Clerk proper evidence of such coverage and shall notify the Borough of Hillsdale of any changes in coverage, cancellation or nonrenewal. The company shall not cancel or change coverage without first giving the Borough of Hillsdale 10 days' advance notice.
All of the commitments and statements contained in the application and any amendment thereto submitted in writing to the Borough by the company, except as modified herein, are binding upon the company as terms and conditions of this consent. The application and any other relevant writings submitted by the company shall be annexed hereto and made a part hereof by reference thereto to the extent that they do not conflict with state or federal law.
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of federal or state agency of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof.
It is understood that should any state or federal agency or body modify, change or alter any of its provisions with respect to cable television generally, such modifications, changes or alterations shall be incorporated into this consent consistent with the applicable dates specified in the change.
All ordinances and resolutions inconsistent with the provisions of this ordinance are hereby repealed as to such inconsistencies.
This ordinance shall take effect upon publication of notice of final passage and approval thereof as required by law.