[HISTORY: Adopted by the Mayor and Council of the Borough of Saddle
River 8-18-2003 by Ord. No. 03-750. Amendments
noted where applicable.]
For the purpose of this ordinance, the terms defined above shall have
the meanings there indicated,[1] and the following additional terms shall have the following meanings:
That statute of the State of New Jersey relating to cable television,
known as the Cable Television Act, N.J.S.A. 48:5A-1 et seq.
Cablevision's application for renewal of municipal consent,
which application is on file in the Borough Clerk's office and is incorporated
herein by reference and made a part herein, except as modified, changed, limited
or altered by this ordinance.
The Board of Public Utilities of the State of New Jersey or its successor
agency.
The governing body of the Borough of Saddle River in the County of
Bergen and the State of New Jersey.
Cablevision of New Jersey, Inc. (Cablevision), the grantee of rights
under this ordinance.
The Federal Communications Commission.
That federal statute relating to cable communications commonly known
as the Cable Communications Policy Act of 1984, 47 U.S.C. Section 521 et seq.
and the Telecommunications Act of 1996, or as those statutes may be amended.
Those federal regulations relating to cable television services,
47 C.F.R. Section 76.1 et seq. (and, to the extent applicable, any other federal
rules and regulations relating to cable television, including but not limited
to those described in 47 C.F.R Section 76.3), or as such regulations may be
amended.
The State of New Jersey.
Those regulations of the State of New Jersey Board of Public Utilities
relating to cable television, N.J.A.C. 14:17-1.1 et seq. and N.J.A.C. 14:18-1
et seq., or as such regulations may be amended.
[1]
Editor's Note: The preamble to this ordinance is on file in the
Borough offices. Said preamble provided that the Borough of Saddle River shall
be referred to as the "Borough" and Cablevision of New Jersey Inc. shall be
referred to as the "company" or "Cablevision."
A public hearing concerning the consent herein granted to Cablevision
was held after proper public notice pursuant to the terms and conditions of
the Act. Said hearing having been held and fully open to the public, and the
municipality having received all comments regarding the qualifications of
Cablevision to receive this consent, the Borough hereby finds Cablevision
possesses the necessary legal, technical, character, financial and other qualifications
to support municipal consent, and that Cablevision's operating and construction
arrangements are adequate and feasible.
The Borough hereby grants to Cablevision its nonexclusive consent to
place in, upon, along, across, above, over, and under its highways, streets,
alleys, sidewalks, public ways, and public places in the municipality poles,
wires, cables, and fixtures necessary for the maintenance and operation in
the Borough of a cable television system, and for the provision of any communication
service over such system as may be authorized by federal or state regulatory
agencies. Operation and construction, pursuant to said consent, is conditioned
upon prior approval of the Board of Public Utilities.
This consent granted herein shall be nonexclusive and shall be for a
term of 15 years from the date of issuance of a certificate of approval by
the Board.
If Cablevision seeks successive consent, it shall, prior to the expiration
of this consent, apply for a municipal consent and certificate of approval
in accordance with N.J.S.A. 48:5A-16 and applicable state and federal rules
and regulations. The company shall also petition the Board for approval authorizing
continued operation during the period following expiration of the consent
granted herein, and until such a time that a decision is made by the Borough
and the Board relative to the renewal of said consent.
The consent granted under this ordinance to Cablevision shall apply
to the entirety of the Borough and any property hereafter annexed.
Cablevision shall be required to proffer video programming service along
any public right-of-way to any person's residence located in the franchise
territory as described in the application for municipal consent, at tariffed
rates for standard and nonstandard installation.
Pursuant to the terms and conditions of the Cable Television Act, Cablevision
shall pay to the Borough, as an annual franchise fee, a sum equal to 2% of
the actual gross revenues received from all recurring charges in the nature
of subscription fees paid by subscribers for its cable television reception
services in the Borough. In the event applicable law hereinafter permits a
larger franchise fee to be collected, but does not fix the amount thereof,
the Borough and Cablevision shall negotiate in good faith with respect to
the amount thereof.
A.Â
Cablevision shall, upon written request, provide free
of charge, one standard installation and monthly basic cable television reception
service to all state or locally accredited elementary and secondary public
schools and all municipal public libraries, as well as municipally owned buildings
used for governmental purposes and located within the Borough as set forth
in Exhibit A to this ordinance.[1]
[1]
Editor's Note: Exhibit A is on file in the Borough offices.
B.Â
The Company shall provide to the Borough, upon written
request, free of charge, one high-speed cable modem and monthly Internet access
service, including a standard installation to a municipally designated building.
The Borough shall be permitted, at its own cost, to network up to three additional
personal computer terminals in the designated building (four computers in
total) to the cable modem provided by the company.
C.Â
Cablevision shall, upon written request, provide free
of charge, one high-speed cable modem and monthly Internet access service,
including a standard installation service, to all state or locally accredited
elementary and secondary public schools and all municipal public libraries.
Cablevision shall perform construction and installation of its plant
and facilities in accordance with applicable state and federal law. The Company
shall be subject to the following additional construction requirements with
respect to the installation of its plant and facilities in the Borough:
A.Â
In the event that the company or its agents shall disturb
any pavement, street surfaces, sidewalks, driveways or other surfaces, the
company shall at its sole expense restore and replace such disturbances in
as good a condition as existed prior to the commencement of said work.
B.Â
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 Borough, shall remove
or relocate its equipment, at its own expense.
C.Â
Upon request of a person holding a building or moving
permit issued by the Borough, the company shall temporarily move or remove
appropriate parts of its facilities so as to permit the moving or erection
of buildings or for the performance of other work. The expense of any such
temporary removal or relocation shall be paid in advance to the company by
the person requesting the same. In such cases, the company shall be given
not less than 14 days prior written notice in order to arrange for the changes
required.
D.Â
During the exercise of its rights and privileges under
this consent, the company shall have the authority to trim trees upon and
overhanging streets, alleys, sidewalks and public places of the Borough so
as to prevent the branches of such trees from coming in contact with the wires,
cables, conduits and fixtures of the company. Such trimming shall be only
to the extent necessary to maintain proper clearance for the company's
facilities.
Cablevision shall comply with the technical and customer service standards
established for the cable industry under applicable federal and state laws,
rules and regulations.
Cablevision shall establish and maintain during the entire term of this
consent a local area business office or agent for the purpose of receiving,
investigating and resolving complaints regarding the quality of service, equipment
malfunctions and similar matters. Said office shall be open daily during normal
business hours, and in no event less than 9:00 a.m. to 5:00 p.m., Monday through
Friday, with the exception of holidays.
The Office of Cable Television is hereby designated as the complaint
officer for the Borough pursuant to the provisions of N.J.S.A. 48:5A-26. All
complaints shall be reviewed and processed in accordance with N.J.A.C. 14:17-6.5.
Cablevision agrees to maintain and keep in force and effect at its sole
cost at all times during the term of this consent, sufficient liability insurance
naming the Borough as an additional insured and insuring against loss by any
such claim, suit, judgment, execution or demand in the minimum amounts of
$500,000 for bodily injury or death to one person, and $1,000,000 for bodily
injury or death resulting from any one accident or occurrence stemming from
or arising out of the company's exercise of its rights hereunder.
Cablevision shall obtain and maintain, at its sole cost and expense,
during the entire term of this agreement, a bond to the municipality in the
amount of $25,000. Such bond shall be to insure the faithful performance of
its obligations as provided in this franchise.
The rates of the company for cable television services shall be subject
to regulation to the extent permitted by federal and state law.
Cablevision shall be required to have the capability to override the
audio portion of the system in order to permit the broadcasting of emergency
messages by the Borough pursuant to state and federal requirements. The Company
shall in no way be held liable for any injury suffered by the Borough 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 shall utilize the state-approved procedures for such emergency uses.
A.Â
In the event that another multichannel video program
provider's service within the Borough creates a significant competitive
disadvantage to Cablevision, the company shall have the right to request from
the Borough lawful amendments to its franchise that relieve it of burdens
which create the unfair competitive situation. Should the company seek such
amendments to its franchise, the parties agree to negotiate in good faith
appropriate changes to the franchise in order to relieve the company of such
competitive disadvantages. If the parties can reach an agreement on such terms,
the Borough agrees to support the company's petition to the Board for
modification of the consent in accordance with N.J.S.A. 48:5A-47 and N.J.A.C.
14:17-6.7.
B.Â
If the parties are unable to reach an agreement on appropriate
amendments to the franchise, the Borough acknowledges that the company shall
have the right to petition the Board directly for such amendments in accordance
with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7; provided, however, the Borough
shall be under no obligation to support Cablevision's request for such
relief from the Board.
C.Â
Cablevision represents and acknowledges that as of the
date of its acceptance of this municipal consent, competition within the Borough
has not yet risen to the level of creating a significant competitive disadvantage
sufficient to enable the company to seek relief under this section.
Upon expiration, termination or revocation of this ordinance, Cablevision
at its sole cost and expense and upon direction of the Board, shall remove
the cables and appurtenant devices constructed or maintained in connection
with the services authorized herein, unless Cablevision, its affiliated entities
or assignees should, within six months after such expiration, termination
or revocation, obtain certification from the FCC to operate an open video
system or any other federal or state certification to provide telecommunications.
A.Â
Cablevision shall continue to make available noncommercial
public, educational and governmental (PEG) access as described in the application
for municipal consent.
B.Â
The Borough agrees that Cablevision shall retain the
right to use the PEG access channel, or portion thereof, for non-PEG access
programming, during times when the Borough is not utilizing the channel for
purposes of providing PEG access programming. In the event that the company
uses said PEG access channel for the presentation of such other programming,
the PEG programming shall remain the priority use and the company's rights
with respect to using the channel for non-PEG programming shall be subordinate
to the Borough's provision of PEG access programming on such channel.
C.Â
Upon written request by the Borough, Cablevision shall
install a fiber access return feed at a municipally designated building, provided
it is a standard installation. Upon completion of this installation, Cablevision
shall provide the Borough, in lieu of the regional public access channel described
in the application, with its own designated PEG channel available for the
exclusive use of the Borough.
D.Â
In consideration for the rights granted by this ordinance,
Cablevision shall provide a one-time grant of $5,000 to be used by the Borough
toward the purchase of PEG access programming and production equipment. The
equipment purchased shall be under the exclusive control of the Borough, and
may be used solely for noncommercial programming by the Borough, its residents
and schools, for the benefit of Cablevision subscribers within the municipality.
All of the commitments contained in the application and any amendment
thereto submitted in writing to the Borough by the company, except as modified
herein, are binding upon Cablevision as terms and conditions of this consent.
The application and any other written amendments thereto submitted by Cablevision
in connection with this consent are incorporated in this ordinance by reference
and made a part hereof except as specifically modified, changed, limited,
or altered by this ordinance, or to the extent that they conflict with state
or federal law.
This consent shall be construed in a manner consistent with all applicable
federal, state and local laws.
If any section, subsection, sentence, clause, phrase, or portion of
this ordinance is for any reason held invalid or unconstitutional by any court
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 portion thereof.
This ordinance shall take effect upon issuance of a certificate of approval
as issued by the Board of Public Utilities.