[HISTORY: Adopted by the Mayor and Council of the Borough of Paulsboro 10-25-2005
by Ord. No. 15-05.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance superseded former Ch. 14, Cable
Television Franchise, adopted 10-18-1994 by Ord. No. 0.11.94.
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. § 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:
Chapter 186 of the General Laws of New Jersey, and subsequent amendments
thereto, N.J.S.A. 48:5A-1 et seq.
The company's application for renewal of municipal consent.
Any service tier, which includes the retransmission of local television
broadcast signals as defined by the FCC.
The Board of Public Utilities, State of New Jersey.
The Borough of Paulsboro, County of Gloucester, State of New Jersey.
The grantee of rights under this ordinance and is known as Comcast
of Gloucester County, LLC.
The Federal Communications Commission.
The Office of Cable Television of the Board.
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.Â
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.Â
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.Â
Restoration: In the event that the company or its agents
shall disturb any pavement, street surfaces, sidewalks, driveways, or other
surface in the nature 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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.
A.Â
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 150 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.Â
The company shall provide total preferred cable television
service at no cost on one outlet to each police, fire, emergency management
facility and public library in the municipality, provided the facility is
located within 150 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.Â
The company shall provide free basic Internet service
via high-speed cable and modem on one non-networked personal computer in each
qualified existing and future school in the municipality, public and private,
elementary, intermediate and secondary, at no charge, provided the facility
is located within 150 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.Â
The company shall provide free basic Internet service
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 150 feet of active cable distribution plant. The Internet
service shall be installed on a personal computer that is accessible to library
patrons and not for administrative use only.
E.Â
Within six months of receipt of a renewal certificate
of approval (COA), the company shall provide the Borough with a one-time technology
grant in the amount of $18,000.
In the event that the municipality determines that it is necessary and
feasible for it to contract with the company for the purpose of providing
two-way or interconnection services, the company shall be required to apply
to the BPU for approval to enter into and establish the terms and conditions
of such contract. All costs for such application to the BPU shall be borne
by the municipality.
A.Â
The company will comply with the Emergency Alert System
(EAS) rules in accordance with applicable state and federal statutes and regulations.
B.Â
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 commitments and statements contained in the application and
any amendment hereto submitted in writing to the municipality by the company,
except as modified herein, are binding upon the company as terms and conditions
of this municipal consent. The application and any other relevant writing
submitted by the company shall be annexed hereto and made a part hereof by
reference as long as it does not conflict with state or federal law. All ordinances
or parts of ordinances or other agreements between the municipality and the
company that are in conflict with the provisions of this agreement are hereby
declared invalid and superseded.
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.
At such time as the company, due to changes in the law or regulatory
structure, begins offering discounted rates to senior citizens and/or disabled
persons served by the company's Gloucester County cable system, the company
shall offer the same or an equivalent discount to eligible customers in the
Borough; provided, however, that said discount shall be applied in accordance
with all applicable state statutes and regulations.
This ordinance shall take effect immediately upon issuance of a renewal
certificate of approval from the BPU.
