[HISTORY: Adopted by the Township Committee
of the Township of Woolwich as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-5-2022 by Ord. No. 2022-14[1]]
[1]
Editor's Note: This ordinance also repealed former Art. I,
Cable Television Franchise, adopted 12-29-1997 by Ord. No. 97-28, as amended.
The Township 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 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.
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,
the municipality hereby finds the company possesses the legal, technical,
character, financial and other qualifications and that the company's
operating and construction arrangements are adequate and feasible.
For the purpose of this ordinance, 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:
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 grantee of rights under this ordinance and is known as
"Comcast of South Jersey, LLC."
The Federal Communications Commission.
The Office of Cable Television of the Board.
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.
The Township of Woolwich, County of Gloucester, State of
New Jersey.
A.Â
The nonexclusive municipal consent granted herein shall expire 10
years from the date of expiration of the previous certificate of approval
issued by the Board.
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, 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 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 30 dwellings per linear mile from
the nearest active trunk or feeder line. 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
275 feet of the public right-of-way.
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 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.Â
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.
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 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.Â
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.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.
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 $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.
A.Â
The rates of the company shall be subject to regulation as permitted
by federal and state law.
B.Â
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
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, passthrough rights to the full extent permitted by
law.
A.Â
Upon request, the company shall provide standard installation and
basic cable television service on one outlet to Township facilities,
including the Town Hall building, and each police, fire, emergency
management facility, provided they are located with 200 feet of active
cable distribution plant. Each additional outlet installed, if any,
shall be paid for on a materials-plus basis by the Township.
B.Â
Upon request, the company shall provide standard installation and
basic cable television service on one outlet to each qualified existing
school and library in the Township, public and private, elementary,
intermediate and secondary, provided the facility is within 200 feet
of active cable distribution plant or through customer-owned conduit.
Each additional outlet installed, if any, shall be paid for on a materials-plus
basis by the Township.
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 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 cable operator shall provide access time for noncommercial,
public, governmental and educational entities to the extent such access
is requested by the municipality. Although a specific channel will
not be dedicated for exclusive use by the municipality, the company
will continue its policy of providing the municipality with an access
channel to be used for public, educational and/or governmental use.
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 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. 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 of 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.
The company shall provide the installation of one outlet and
basic monthly service to each school, library and municipally owned
building within the municipality free of charge. Each additional outlet
installed, if any, shall be paid for by the institution requesting
the same on a materials-plus-labor basis. Monthly service charge shall
be charged at regular tariff rates for additional outlets only.
The company has agreed to implement a senior citizen discount
in the amount of 10% of the monthly basic service rate to any person
62 years of age or older who subscribes to cable services and does
not share the subscription with more than one person in the same household
who is less than 62 years age. Such subscribers must meet the income
and residence requirements of the Pharmaceutical Assistance to the
Aged and Disabled pursuant to N.J.S.A. 30:4D-21 and as may hereafter
be amended. The company has agreed to apply the same discount rate
to the disabled with the same PAAD eligibility requirements.
The company shall be bound by the terms and provisions of this
ordinance irrespective of the number of subscribers to its system.
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 this ordinance.
A.Â
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.
B.Â
The company shall not be required to provide customer information
in violation of Section 631 of the Cable Act[1] 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 the company in opposing such request.
[1]
Editor's Note: See 47 U.S.C. § 551.
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.
The municipality, for its part, shall endeavor to exercise reasonable
efforts to require developers and utility companies to provide the
company with at least 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.
