The power to grant and regulate franchises is contained
in the general police powers granted to municipalities by N.J.S.A.
40:48-1, et seq.
[Editor's Note: Former Ch. VIII, CATV, was superseded by Ord.
No. 22-12.
[Added 11-16-2022 by Ord.
No. 22-12]
The Borough hereby grants to Comcast 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 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 Borough of a cable television and communications system. This
consent is subject to the terms and conditions of this Ordinance and
upon the condition that the Company accepts the provisions of this
chapter and confirms that it shall comply with the commitments contained
herein.
[Added 11-16-2022 by Ord.
No. 22-12]
For the purpose of this chapter, 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 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:
Is Chapter 186 of the General Laws of New Jersey, and subsequent
amendments thereto, N.J.S.A. 48:5A-1, et seq.
Is the Company's Application for of Municipal Consent.
Is the Board of Public Utilities, State of New Jersey.
Is Carlstadt Borough, County of Bergen, State of New Jersey.
The one-way transmission to subscribers of (i) video programing
or (ii) other programing service, and subscriber interaction, if required
for the selection or use of such video programming or other programing
service.
Is the grantee of rights under this chapter and is known
as "Comcast of the Meadowlands, LLC."
Is the Federal Communications Commission.
Is the Office of Cable Television of the Board.
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.
[Added 11-16-2022 by Ord.
No. 22-12]
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.
[Added 11-16-2022 by Ord.
No. 22-12]
The non-exclusive Municipal Consent granted herein shall expire
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 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 non-compliance and an opportunity
to cure same within 90 days of that notification.
[Added 11-16-2022 by Ord.
No. 22-12]
Pursuant to the terms and conditions of the Act, N.J.S.A. 48:5A-30(d),
the Company shall, during each year of operation under the consent
granted herein, pay to the Municipality 3.5% 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. The current franchise fee paid to the Township is 3.5%.
[Added 11-16-2022 by Ord.
No. 22-12]
The consent granted under this chapter for the franchise shall
apply to the entirety of the Municipality and any property subsequently
annexed hereto.
[Added 11-16-2022 by Ord.
No. 22-12]
The company shall, during the franchise period, be required
to offer service to any present or future dwelling unit, school, institution,
and business located and to be located along any public rights-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 275 feet
of the public rights-of-way.
[Added 11-16-2022 by Ord.
No. 22-12]
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 City shall alter
or change the grade of any street, alley or other way or place the
Company, upon reasonable notice by the City, shall remove, re-lay
or relocate its equipment, at the expense of the Company.
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 City 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.
[Added 11-16-2022 by Ord.
No. 22-12]
In providing Cable Service 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.
c.
Nothing
herein shall impair the right of any subscriber or the Borough 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 applicable law.
[Added 11-16-2022 by Ord.
No. 22-12]
The Office of Cable Television is hereby designated as the Complaint
Officer for the Borough 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 Borough shall have the right to request copies of records and
reports pertaining to complaints by Borough customers from the OCTV.
[Added 11-16-2022 by Ord.
No. 22-12]
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 local complaints regarding the quality of service, equipment
malfunctions, and similar matters.
[Added 11-16-2022 by Ord.
No. 22-12]
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.
[Added 11-16-2022 by Ord.
No. 22-12]
The rates of the Company shall be subject to regulation as permitted
by federal and state law.
[Added 11-16-2022 by Ord.
No. 22-12]
a.
The
Company and will continue to provide courtesy cable television service
on one outlet, to the municipal building, library, community center
and each public and private school within 200 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 except for equipment.
b.
Within
six months of the issuance of a Renewal Certificate of Approval by
the BPU, the Company shall provide to the Borough a one-time PEG Access
Capital Grant in the amount of $10,000 to meet the PEG Access capital
needs of the community.
c.
The
Communications Act of 1934, as amended [47 U.S.C. § 543(b)(4)],
allows the Company to itemize and/or identify the amount on the monthly
bill assessed to satisfy any requirements imposed on the Company by
the cable franchise to support public, educational, and governmental
channels, or the use of such channels or any other services required
under the franchise.
[Added 11-16-2022 by Ord.
No. 22-12]
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.
[Added 11-16-2022 by Ord.
No. 22-12]
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.
[Added 11-16-2022 by Ord.
No. 22-12]
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 applicable State or
Federal law.
[Added 11-16-2022 by Ord.
No. 22-12]
Should the Municipality grant a franchise or other authorization
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.
[Added 11-16-2022 by Ord.
No. 22-12]
If any section, subsection, sentence, clause, phrase, or other
portion of this chapter is, for any reason, declared invalid, in whole
or in part, by any court, agency, commission, legislative body, or
other authority of competent jurisdiction, such portion shall be deemed
a separate, distinct, and independent portion. Such declaration shall
not affect the validity of the remaining portions hereof, which other
portions shall continue in full force and effect.
[Added 11-16-2022 by Ord.
No. 22-12]
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.
[Added 11-16-2022 by Ord.
No. 22-12]
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.
[Added 11-16-2022 by Ord.
No. 22-12]
This chapter shall take effect immediately upon issuance of
a Certificate of Approval from the BPU.
