[HISTORY: Adopted by the Mayor and Council of the Town of Clinton 12-30-2003
by Ord. No. 03-21.[1] Amendments noted where applicable.]
[1]
Editor’s Note: This ordinance superseded former Ch. A185, Cable
Television Franchise, adopted 2-11-1992 by Ord. No. 92-1, as amended.
The Town of Clinton hereby grants to Patriot Media & Communications
CNJ, LLC, and its duly authorized successors and assigns, its nonexclusive
consent to continue to place in, upon, along, across, above, over and under
the highways, streets, alleys, sidewalks, public ways, and public places in
the Town poles, wires, cable, and fixtures necessary for the maintenance and
operation in the Town of a cable television system conditioned upon approval
of the Board of Public Utilities of the State of New Jersey.
For the purposes 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 given by the Federal
Communications Commission in their rules and regulations, 47 C.F.R. Subsection
76.1 et seq., and the Communications Act of 1934 at 47 U.S.C. Subsection 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 federal
or state definitions:
Chapter 186 of the General Laws of New Jersey, and subsequent amendment
thereto, N.J.S.A. 48:5A-1 et seq.
The application for a cable television franchise filed by the company
with the municipality and the Board of Public Utilities of the State of New
Jersey.
The Board of Public Utilities of the State of New Jersey.
Patriot Media & Communications CNJ, LLC.
The Federal Communications Commission.
The Town of Clinton, County of Hunterdon, State of New Jersey.
The Office of Cable Television in the Board of Public Utilities.
A public hearing concerning the renewal of the franchise herein granted
to the company was held after proper public notice pursuant to the terms and
conditions of the State Act. Said hearing, having been held as above stated
and having been fully open to the public, and the Town, having received at
said hearing all comments regarding the qualifications of the company to receive
this franchise, hereby finds that the company continues to possess the necessary
legal, technical, character, financial, and other qualifications and that
the company's operating and construction arrangements are adequate and
feasible, and that, therefore, the Town hereby grants the company a nonexclusive
consent, franchise, right and privilege (herein, the “franchise”)
to construct, erect, operate, modify and maintain, in, upon, along, across,
above, over, and under the highways, streets, alleys, sidewalks, public ways
and public places now laid out or dedicated and all extensions thereof, and
additions thereto, in the Town such poles, wires, cables, underground conduits,
manholes, and other television conductors and fixtures necessary for the maintenance
and operation in the Town of a cable television system and cable communications
system for the purpose of distributing television and radio signals, and other
electronic impulses in order to furnish television and radio programs and
various communications and other electronic services to the public. The right
so granted includes the right to use and occupy said highways, streets, alleys,
public ways and public places, and all manner of easements for the purposes
herein set forth and as provided by the Federal and the State Act.
A.
This consent shall be for 15 years beginning the earlier
of January 1, 2004, or the issuance of a certificate of approval by the Board
of Public Utilities.
B.
The company, by accepting this ordinance, acknowledges
that the municipality has awarded a fifteen-year renewal term upon the strength
of the commitments made by the company, as set forth in the application and
as modified or supplemented in this ordinance and any other written submissions
of the company.
Pursuant to the Act, the company shall, during each year of operation
under this consent, pay to the municipality 2% of the gross revenues from
all recurring charges in the nature of subscription fees paid by subscribers
to its cable television reception service in the municipality or any amount
which is the greatest amount permitted by the Act or otherwise allowable by
law.
A.
During the term of this franchise, the company shall
maintain a local business office or agent for the purpose of receiving and
resolving all complaints regarding the quality of service, equipment malfunctions
and similar matters, within a local, nontoll calling area of the entire franchise
area of the municipality. Such local business office shall be open during
normal business hours and in no event less than 9:00 a.m. to 5:00 p.m., Monday
through Friday. A nontoll service telephone number shall be maintained during
other hours to meet the service requirements of the entire franchise area.
B.
The Office of Cable Television is hereby designated as
the complaint officer for the Town pursuant to N.J.S.A. 48:5A-26b. All complaints
shall be received and processed in accordance with N.J.A.C. 14:17-7.1.
The consent granted herein to the company shall apply to the entirety
of the municipality and any property hereafter annexed.
A.
The company shall be required to complete an upgrade
of the cable television system within the municipality in accordance with
the consent order, dated February 6, 2003, Docket Number CM02090653, entered
into between the company and the Board. The company shall complete and fully
activate the upgraded cable television system by September 30, 2004, or such
other date as permitted by the BPU. As soon as possible, the company will
identify those streets in the municipality on which the company will be performing
construction. Thereafter, the company will immediately contact the municipality
to determine whether the municipality intends to pave those streets before
the company's proposed construction. In that event, the company and municipality
will cooperate to avoid a conflict between the company's proposed construction
and the municipality's pavement plans.
B.
Once the company's construction begins, the company
will, upon reasonable advanced written notice, periodically meet with the
municipality to apprise the municipality of the progress of the construction
and compliance with the completion date.
A.
Restoration. In the event that the company or its agents
disturb any pavement, street surfaces, sidewalks, driveways or other surfaces
in the natural topography, the company shall, at its sole expense, restore
and replace such places or things so disturbed in as good condition as existed
prior to the commencement of said work.
B.
Relocation. If at any time during the period of this
consent, the municipality shall rebuild, alter or change the grade of any
street, alley or other way or place, the company, upon reasonable notice by
the municipality, shall remove, relay and relocate its equipment at the expense
of the company.
C.
Removal or trimming of trees. During this franchise,
the company shall have the authority to trim trees upon and overhanging streets,
alleys, sidewalks and public places of the municipality so as to prevent the
branches of such trees from coming in contact with the wires and cables of
the company. Such trimming shall be only to the extent necessary to maintain
proper clearance for the company's facilities. Such trimming shall follow
generally accepted tree trimming practices and shall be only to the extent
necessary to maintain proper clearance for the company's wires and cables.
The company shall notify in writing and meet with the Town's Arborist
30 days prior to any planned tree trimming and shall comply with any of his
directions regarding the method of tree trimming. Upon verbal notice to the
Police Department, emergency tree trimming may be conducted at any time.
D.
Landscaping. Prior to the start of the rebuild, the company
will advise the municipality in writing of the addresses where large pedestals
or underground equipment boxes are to be placed. The company will landscape
these pedestals or equipment boxes to the reasonable satisfaction of the municipality.
E.
Preconstruction conferences. The company will send representatives
to preconstruction conferences for Town construction projections. Notices
of the meeting will be sent to the Director of Operations, 100 Randolph Road,
Somerset, NJ 08873.
F.
Temporary wire changes. The company shall, on the request
of any person holding a valid building moving permit issued by the Town, temporarily
raise or lower its wires to permit the moving of buildings, machinery or in
other similar circumstances. The expense of such temporary removal, raising
or lowering of wires shall be paid by the person requesting same, and the
company shall have the authority to require such payment in advance. The company
shall be given not less than 10 days' advance notice to arrange for temporary
wire changes. The Town shall not be responsible for the expense of removing,
raising or lowering wires for any building owned by it which is being moved.
G.
Facilities and equipment. In transmitting its television
signals to subscribers in the Town, the company shall provide a quality of
signal that is at least as good as that customarily provided under prevailing
industry standards, and shall comply with any requirements imposed by the
federal regulations, any federal law, and (to the extent not preempted by
federal law) any state law relating to technical standards for the transmission
of television signals, transmission quality, or facilities and equipment.
H.
Compliance with standards. All facilities and equipment
of the company shall be constructed and maintained in accordance with the
requirements and specifications of the applicable ordinance and regulations
set forth by the Town and/or any other local, state or federal agencies.
The company will construct and install all upgrades in full conformance
with the requirements of N.J.A.C. 14:18-2.1 and will hold the municipality
harmless from any liability arising out of the construction or operation of
the cable television system in accordance with N.J.S.A. 48:5A-28 (e).
The company shall be required to proffer service along any public right-of-way
to any person's residence or business located in those areas of the franchise
territory described in this ordinance. Any additional extension of the cable
television system will be made in accordance with the OCTV line extension
policy (LEP). For purposes of the LEP, the minimum density of homes-per-mile
shall be 25.
The rates of the company shall be subject to regulation to the extent
permitted by applicable federal or state law.
The company will continue to operate and program a local origination
channel that will be received by all subscribers within the municipality.
Time will be made available annually for the airing of up to three programs
of interest to the municipality's residents upon sufficient advanced
notice.
A.
At the conclusion of the company's upgrade as described in § A185-8, the company shall make available two access channels for use by the municipality, as set forth hereinafter. Each of said access channels shall be two-way capable.
B.
The first access channel will continue to be the existing
educational access channel which is shared by the North Hunterdon Regional
High School and the South Hunterdon Regional High School and will have two-way
capabilities upon the completion of the upgrade. Channel allocation may change
but will be on the lowest tier.
C.
The second access channel will be a new channel for the
municipality known as the government access channel which will also have two-way
capacity. The government access channel will be located at that location designated
by the municipality prior to the completion of the upgrade.
The company, on behalf of the municipality, has provided through funding
paid to the Township of Clinton, the funding for an educational access channel
at North Hunterdon Regional High School. The company and the municipality
acknowledge this contribution and the fact that it is on behalf of all students
at the North Hunterdon High School including those from the Town of Clinton.
In addition, the company shall provide the Town of Clinton with the sum of
$12,000 to meet the Town's cable-related needs. This sum will be paid
within 60 days of the issuance of a certificate of approval by the Board of
Public Utilities.
A.
The company will encourage access channel usage by providing
production training courses free of charge to the North Hunterdon Regional
High School and municipality.
B.
Upon reasonable request, the company shall conduct a
four-hour training course two times a year. Said training shall be held in
conjunction with the Township of Clinton.
C.
These training courses will focus on the production of
community-based programs.
The company shall provide for the installation of one outlet and basic
monthly service to each municipal building, public or private accredited school
and public library in the municipality free of charge. The locations shall
include, but not be limited to the following:
A.
The Community Center, 63 Halstead Street.
B.
The Municipal Building, 43 Leigh Street.
C.
The Water Department “Barn,” at 43 Leigh
Street.
D.
The new police facility to be constructed at 47 Leigh
Street.
E.
The wastewater treatment plant (installation to occur
when it is available in accordance with the OCTV line extension policy or
when the Town installs a line to the sewer plant at its expense).
F.
The Town of Clinton School, School Street (installation
to occur in accordance with the OCTV line extension policy, the company's
long drop policy, or when a line to the school is installed at the expense
of the school).
G.
The County Library Branch, Halstead Street (installation
to occur in accordance with the OCTV line extension policy, the company's
long drop policy, or when a line to the library is installed at the expense
of the library).
H.
Any Town of Clinton or Town of Clinton Public School
facility constructed subsequent to the adoption of this ordinance which can
be served in accordance with the OCTV line extension policy, the company's
long drop policy, or when a line is installed at the expense of the Town or
a third party).
The company has agreed to implement a senior citizen's 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
of age. Such subscribers must meet the income and residence requirements of
the pharmaceutical assistance to aged and disabled (PAAD) pursuant to N.J.S.A.
30:4D-21. The company has agreed to apply the same discount rate to the disabled
with the same PAAD eligibility requirements.
The company will, upon completion of the upgrade described in the application,
provide two-way interactive services to its subscribers in the municipality.
The company agrees to maintain and keep in full force and effect, at
its sole expense at all times during the term of this consent, sufficient
liability insurance naming the municipality as an insured and insuring against
loss by any such claim, suit, judgment, execution or demand in the minimum
amounts of $1,000,000 for bodily injury or death to one person and $5,000,000
for bodily injury, death or property damage resulting from any one accident
or occurrence. The municipality shall be named an additional insured under
this policy.
The company shall be required to have the capability to override the
audio portion of the cable television system in order to permit the broadcasting
of emergency messages by the municipality pursuant to federal, state and county
requirements. The municipality shall utilize the procedures approved by the
State of New Jersey for such emergency uses. The company shall not 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 emergency alert system contemplated therein.
Upon issuance of a final, nonappealable order of an appropriate agency
or court of competent jurisdiction declaring the expiration, termination or
revocation of the company's certificate of approval, the company at its
sole cost and expense and upon the direction of the municipality, shall remove
the cables and appurtenant devices constructed or maintained in connection
with the services authorized herein, unless the company, its affiliated entities
or assignees should, within six months after such expiration, termination
or revocation obtain certification from the FCC to operate a cable television
system.
The company shall make available representatives to meet upon the request
of the municipality upon 30 days’ written notice for the purpose of
reviewing the company's performance. The company's representative
shall respond to the reasonable requests for information made by the municipality
prior to or at such meeting.
The company shall have the authority to promulgate such rules, regulations,
terms and conditions governing the conduct of its business as shall be reasonably
necessary to enable the company to exercise its rights and perform its obligations
under this franchise, and to assure an uninterrupted service to each and all
of its customers; provided, however, that such rules, regulations, terms and
conditions shall not be in conflict with federal, state laws or this ordinance.
The company shall not sell or transfer its CATV system to another, nor
transfer any rights under this franchise to another, except as provided in
the State Act.
Any modification of existing and applicable FCC rules resulting from
amendment thereto by the FCC shall, to the extent applicable, be considered
as a part of this franchise as of the effective date of the amendment made
by the FCC, and shall be incorporated in this franchise by specific amendments
thereto by the lawful action of the Town's governing body within one
year from the effective date of the FCC's amendment or at the time of
renewal of this franchise, whichever occurs first.
This ordinance and franchise is subject to all provisions of the State
Act and Federal Act and to all lawful rules and regulations of the Board and
OCTV, adopted pursuant thereto. The company shall at all times comply with
the rules and regulations governing cable television operations lawfully promulgated
and adopted by the Board. In the event of a conflict between the State Act
and state regulations and any FCC or federal regulations, the FCC or federal
regulations shall prevail.
The company shall not allow its cable or other operations to interfere
with television reception or persons not served by the company, nor shall
the system interfere with, obstruct or hinder in any manner, the operation
of the various utilities serving the residents of the Town.
All of the statements and commitments contained in the application 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.
If any section, subsection, sentence, clause, phrase, or portion of
this ordinance is for any reason held invalid, preempted, or unconstitutional
by any court or federal or state agency of competent jurisdiction, such portion
shall be deemed a separate, distinct, and independent provision of this ordinance,
and such holding shall not affect the validity of the remaining portions hereof.
Should any of the federal or state acts, regulations or pronouncements applicable to the regulation of cable television service be modified in any way, such modification, to the extent they embody required terms and conditions and meaningfully can be incorporated into this ordinance, shall be so incorporated, consistent with any applicable effective dates specified in such modification. To the extent that any such modification(s) place(s) limits on permissible terms and conditions, and any provision of this ordinance becomes invalid by virtue of such modification(s), § A185-29 shall apply.
This ordinance shall effect the earlier of January 1, 2004, or the issuance
of a certificate of approval by the Board of Public Utilities.
