[HISTORY: Adopted by the Township Council
of the Township of Mount Holly 4-13-2009 by Ord. No. 2009-05. Amendments noted where applicable.]
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 chapter, the following terms, phrases,
words and their derivations shall have the meanings given herein.
Such meanings or definitions of terms are supplemental to those definitions
of the Federal Communications Commission ("FCC") rules and regulations,
47 CFR 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 and state definitions:
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 chapter and is known as
"Comcast of Garden State, L.P."
FCC
The Federal Communications Commission.
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.
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, 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 48:5A-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 chapter, 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 chapter to the renewal of the
franchise shall apply to the entirety of the municipality and any
property subsequently annexed thereto.
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 of 35 homes per mile.
A. Existing system. It is recognized that the company has previously
constructed its system, in general, throughout the franchise territory.
B. 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.
C. 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.
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 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 Township Manager or Clerk.
A. The company shall 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 comply fully 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 designated 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, including regulation by, but not limited
to, the New Jersey BPU.
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 municipal hall, 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. 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 $18,500 for the Township's cable- and
technology-related needs. The Township has determined that it is in
the public interest and reasonable to accept the grant proffered in
the application.
A. The company will continue to provide one channel for educational
and governmental ("EG") access for the shared use by the residents
of Mount Holly Township, Lumberton Township, Eastampton Township,
Westampton Township and Hainesport Township (collectively, "municipalities").
The governing bodies of Mount Holly Township, Lumberton Township,
Eastampton Township, Westampton Township and Hainesport Township,
or a designated educational institution, shall provide educational
access video programming. A designated educational institution shall
operate such channel consistent with the provisions of this chapter
and a separate agreement between it and the appropriate municipality
or the municipalities. The governing bodies of Mount Holly Township,
Lumberton Township, Eastampton Township, Westampton Township and Hainesport
Township shall provide government video programming. Unused capacity
may be utilized by the company subject to the provisions for "fallow
time" below.
B. The company does not relinquish its ownership of or ultimate right
of control over a channel by designating it for EG use. An EG access
user — whether an educational or government user — acquires
no property or other interest by virtue of the use of a channel so
designated, and may not rely on the continued use of a particular
channel number, no matter how long the same channel may have been
designated for such use.
C. The company shall not exercise editorial control over any educational
or governmental use of channel capacity, except that the company may
refuse to transmit any educational or governmental access program
or portion of an educational or governmental access program that contains
obscenity, indecency, or nudity.
D. The governing bodies of Mount Holly Township, Lumberton Township,
Eastampton Township, Westampton Township and Hainesport Township shall
be responsible for developing, implementing, and enforcing rules for
EG access channel use which shall ensure that the EG access channel
and the EG access equipment, which shall be provided by the municipalities
or designated educational institution, will be available on a first-come-first-served,
nondiscriminatory basis.
E. Educational access. "Educational access" shall mean noncommercial
use by educational institutions such as public or private schools,
but not "home schools," community colleges, and universities.
F. Government access. "Government access" shall mean noncommercial use
by the governing bodies of Mount Holly Township, Lumberton Township,
Eastampton Township, Westampton Township and Hainesport Township,
for showing the public local government at work.
G. Company use of fallow time. Because blank or under utilized EG channels
are not in the public interest, in the event the municipalities or
other EG access users elect not to fully program their EG access channel,
the company may program unused time on those channels (at its discretion
and for any purpose), subject to reclamation by the municipality upon
no less than 60 days' written notice.
H. Indemnification. The municipalities shall indemnify the company for
any liability, loss, or damage it may suffer due to violation of the
intellectual property rights of third parties on the EG channel and
from claims arising out of the municipalities' rules for or administration
of access.
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.
Except as set forth in §§ 88-15 and 88-16 above,
or to the extent limited by state or federal law, the company shall
hold and save the Township harmless from and indemnify and defend
the Township against every claim, loss, and liability of every kind
("loss") arising in, under or from, directly or indirectly, the grant
or use of this municipal consent, except for any loss caused by or
attributable to the Township's own actions or inactions.
The company shall at all times maintain, at its expense, a comprehensive
general liability insurance policy with a minimum 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 minimum amount of $5,000,000. The company shall assure
that no such policy of insurance shall lapse without timely written
notice to the Township. Further, the company shall file with the Township
certificates of insurance evidencing such policies prior to or on
or about the effective date of the policy.
All of the statements and commitments contained in the application
or annexed thereto and incorporated therein, and any amendments 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 chapter, subject to the provisions of N.J.A.C. 14:17-6.7.
If any section, subsection, sentence, clause, phrase or portion
of this chapter 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 this chapter.
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 chapter shall take effect immediately upon issuance of
a renewal certificate of approval from the BPU, a copy of which shall
be placed on file in the office of the Township Clerk.