[HISTORY: Adopted by the Township Council
of the Township of Stafford 12-18-1990 by Ord. No. 90-69; amended in its entirety 6-27-2023 by Ord. No. 2023-18. Subsequent amendments noted where applicable.]
The Township hereby grants to Comcast renewal of its non-exclusive
Municipal Consent to place in, upon, across, above, over and under
highways, streets alleys, sidewalks, easements, public ways and public
places in the Township, 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 Township 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 in 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:
A. "Township" or "Municipality" is the Township of Stafford, County
of Ocean, State of New Jersey.
B. "Company" or "Comcast" is the grantee of rights under this Ordinance
and is known as Comcast of New Jersey, LLC.
C. "Act" or "Cable Television Act" is Chapter 186 of the General Laws
of New Jersey, and subsequent amendments thereto, N.J.S.A. § 48:5A-1,
et. seq.
D. "FCC" is the Federal Communications Commission.
E. "Board" or 'BPU" is the Board of Public Utilities, State of
New Jersey.
F. "Office" or "OCTV" is the Office of Cable Television of the Board.
G. "Basic Cable Service" means any service tier, which includes the
retransmission of local television broadcast signals as defined by
the FCC.
H. "Application" is the Company's Application for Renewal of Municipal
Consent.
I. "Primary Service Area" or 'PSA" consists of the area of the
Township currently served with existing plant as set forth in the
map annexed to the Company's Application for Municipal Consent.
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 and fully
open to the public, and the municipality having received all comments
regarding the qualifications of the Company to receive this consent,
and the representations of the Company 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.
The non-exclusive Municipal Consent granted herein shall expire
ten (10) years from the date of expiration of the previous Certificate
of Approval issued by the Board.
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 non-compliance and an opportunity
to cure same within ninety (90) days of that notification.
Pursuant to the terms and conditions of the Act, and, except
as where higher payment is otherwise required by the applicable law
and regulations (including N.J.S.A. 48:5A-30), the Company shall,
during each year of operation under the consent granted herein, pay
to the Township two percent (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 Township or any higher amount
permitted by the Act or otherwise allowable by law.
The consent granted under this Ordinance for the renewal of
the franchise shall apply to the entirety of the Township and any
property subsequently annexed hereto.
The Company shall be required to proffer service to any residence
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,
with a HPM ("homes-per-mile") of 35 dwellings per linear mile from
the nearest active trunk or feeder line from which a usable cable
signal may be obtained. For purposes of this section and the Company's
implementation of the LEP, a home shall only be counted as a "dwelling
unit" if such home is occupied and within two hundred seventy-five
(275) feet of the public right of way.
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 reasonably
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
Township shall alter or change the grade of any street, alley or other
way or place the Company, upon reasonable notice by the Township,
shall remove, re-lay or relocate its equipment, at the expense of
the Company. In requiring Company to remove, re-lay or relocate any
portion of its property, the Township shall treat Company the same
as, and require no more of Company than, any other similarly situated
entity utilizing the Public Rights of Way, including with respect
to reimbursement of costs.
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 Township 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.
D. Installation of Equipment: The Company shall install equipment in
the same location and manner as existing public utilities whenever
possible, in order to minimize the impact of same on surrounding property.
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.
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.
The Office of Cable Television is hereby designated as the Complaint
Officer for the Township 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 Township shall have the right
to request copies of records and reports pertaining to complaints
by Township 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.
During the life of the franchise the Company shall give to the
Township a bond in the amount of Twenty-Five Thousand Dollars ($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 parties agree that Comcast will provide basic cable service to
one (1) outlet in Township Hall, First Aids, Fire Departments, Community
Center, and Library provided that the building is within two hundred
(200) feet of active cable distribution plant or through customer
owned conduit. Each additional outlet installed, if any, shall be
paid for on a material(s) plus labor basis by the school requesting
service.
B. The parties agree that Comcast will provide basic cable service to
one (1) outlet in the Township's public and private, elementary,
intermediate and secondary, provided the school building is within
two hundred (200) feet of active cable distribution plant or through
customer owned conduit. Each additional outlet installed, if any,
shall be paid for on a material(s) plus labor basis by the school
requesting service.
C. The Communications Act of 1934, as amended [47 U.S.C. § 543
(b)], allows the Company to itemize and/or identify: (1.) the amount
on the subscriber bill assessed as a franchise fee and the identity
of the governmental authority to which the fee is paid; (2.) the amount
on the bill assessed to satisfy any requirements imposed on the Company
by the cable franchise to support public, education, and/or governmental
access channels or the use of such channels; and (3.) any grants or
other fees on the bill or any tax, assessment, or charge of any kind
imposed by any governmental authority on the transaction between the
operator and the subscriber. The Company reserves its external cost,
pass-through rights to the full extent permitted by law.
The Company will make available to the Township, within eighteen
(18) months after approval of the Certificate of Approval from the
New Jersey Board of Public Utilities and written request from the
Township, Comcast shall make available one (1) EG Access Channel in
high definition ("HD") format.
The Township or its designated access provider shall be responsible
for providing the HD PEG signal to the demarcation point at the designated
points of origination in an HD digital format compatible with Comcast's
equipment. The Township or its designated access provider is responsible
for acquiring all equipment necessary to produce programming in HD.
Comcast shall upgrade, as necessary, the return origination
capability and provide the necessary transmission equipment including
HD encoders or its equivalent outside the demarcation point at the
origination location and at its Headend, hub locations or similar
distribution facilities necessary to deliver the Access Channel in
HD format to Subscribers.
The Township acknowledges that HD programming may require special
viewer equipment and subscription to advanced services and that, by
agreeing to make PEG Channels available in HD format, Comcast shall
not be required to provide free HD equipment to Subscribers, or for
municipal and educational Cable Service accounts, nor modify its equipment
or pricing policies in any manner, except as otherwise expressly provided
for in this Agreement. The Township acknowledges that not every Subscriber
may be able to view HD PEG programming and additional costs may be
involved in the reception of HD programming.
Comcast may implement HD carriage of the PEG Channels in any
manner (including selection of compression, utilization of IP, and
other processing characteristics) that produces a signal quality for
the viewer that is substantially equivalent to similar commercial
HD channels carried on the Cable System.
The Township and Comcast agree that the costs for equipment
or upgrades to the Return Lines qualify as a capital cost for PEG
Facilities within the meaning of the Cable Act 47 U.S.C.A. § 542(g)(20)(C),
and therefore is an appropriate use of revenues derived from the EG
Capital Grants provided for in this Franchise.
Comcast shall have the right to reclaim one (1) of the SD Access
Channels upon the launch of the HD Access Channel.
The Township acknowledges that under the Cable Act, certain
PEG Access costs and other franchise requirements, may be passed through
to the Subscribers in accordance with federal law.
The Company does not relinquish its ownership of or ultimate
right of control over a channel by designating it for access 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.
The Company shall not exercise editorial control over any educational
or governmental use of channel capacity, except Company may refuse
to transmit any educational or governmental access program or portion
of any educational or governmental access program that contains obscenity,
indecency, or nudity.
Government Access. "Government Access" shall mean noncommercial
use by the Township for the purpose of showing the local government
at work.
Company Use of Fallow Time. Because blank or underutilized E/G
channels are not in the public interest, in the event the Township
or other qualified E/G access users elect not to fully program their
E/G access channel, Company may program unused time on those channels
subject to reclamation by the Township upon no less than 60 days written
notice.
Indemnification. The Township shall indemnify 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 rules for or administration of E/G access channel
and its programming.
Within six months of the issuance of a Renewal Certificate of
Approval by the BPU, the Company shall provide to the Township a one-time
E/G Access Capital Grant in the amount of $45,000 to meet the E/G
Access capital needs of the community.
The Communications Act of 1934, as amended [47 U.S.C. § 543
(b)], allows the Company to itemize and/or identify: (1.) the amount
on the subscriber bill assessed as a franchise fee and the identity
of the governmental authority to which the fee is paid; (2.) the amount
on the bill assessed to satisfy any requirements imposed on the Company
by the cable franchise to support public, education, and/or governmental
access channels or the use of such channels; and (3.) any grants or
other fees on the bill or any tax, assessment, or charge of any kind
imposed by any governmental authority on the transaction between the
operator and the subscriber. The Company reserves its external cost,
pass-through rights to the full extent permitted by law.
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 Township or any other person, during an emergency, if for any
reason the Township 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 One Million
Dollars ($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 Five Million Dollars ($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 ordinance, 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 application
State or Federal law.
Should the Township grant municipal consent for 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.
The Company shall not be required to disclose information which
it reasonably deems to be proprietary or confidential in nature. The
Township agrees to treat any information disclosed by the Company
as confidential and only to disclose it to those employees, representatives,
and agents of the Township that have a need to know in order to enforce
this Ordinance Agreement and who agree to maintain the confidentiality
of all such information.
The Company shall not be required to provide Customer information
in violation of Section 631 of the Cable Act or any other applicable
federal or state privacy law. For purposes of this Section, the terms
"proprietary or confidential" include, but are not limited to, information
relating to the Cable System design, customer lists, marketing plans,
financial information unrelated to the calculation of franchise fees
or rates pursuant to FCC rules, or other information that is reasonably
determined by the Company to be competitively sensitive. The Company
may make proprietary or confidential information available for inspection
but not copying or removal by the Municipality's representative.
In the event that the Municipality has in its possession and receives
a request under a state "sunshine," public records, or similar law
for the disclosure of information the Company has designated as confidential,
trade secret or proprietary, the Township shall notify the Company
of such request and cooperate with Company in opposing such request.
The Company shall not be liable or responsible for, in whole
or in part, any delay or failure to perform any of its obligations
hereunder which may result from accidents, pandemics, floods, fires,
earthquakes, tornadoes or other acts of God; war, acts of war (whether
or not a declaration of war is made), civil disobedience; civil disturbance,
sabotage or vandalism, customer tampering or interference, or act
of public enemy; strikes, other labor or job actions or unavailability
of materials or equipment; or other events or circumstances beyond
the reasonable control of the Company.
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.
The Municipality, for its part, shall endeavor to exercise reasonable
efforts to require developers and utility companies to provide the
Company with at least fifteen (15) days advance notice of an available
open trench for the placement of necessary cable.
This Ordinance shall take effect immediately upon issuance of
a Renewal Certificate of Approval from the BPU.