[HISTORY: Adopted by the Common Council of the City of Burlington by Ord. No. 8-1997 (Ch. 5.28 of the 1996 Municipal Code). Amendments noted where applicable.]
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 of 1984, 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 shall be construed to broaden, alter or conflict with the federal or state definitions.
- ACT or CABLE TV ACT
- N.J.S.A. 48:5A-1 et seq. of the General Laws of New Jersey, and subsequent amendments thereto.
- The grantee of rights under this chapter, presently known as "Storer Cable Communications."
- The City of Burlington, County of Burlington in the State of New Jersey.
The Common Council grants to Storer Cable Communications its nonexclusive municipal consent to place in, along, across, above, over and under the highways, streets, alleys, sidewalks, public ways and public places in the City poles, wires, cables, underground conduits, manholes and other television conductors and fixtures necessary for the maintenance and operation in the City of a cable television system and cable communications system.
Hearing; qualifications. 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. Such hearing having been held, as above stated, and such hearing having been fully opened to the public, and the City having received at such hearing all comments regarding the qualifications of the company to receive this renewal of municipal consent, the City 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.
Service. The company has agreed to provide the same number and types of services which the company provides the Township of Burlington, provided that the terms of this franchise are equivalent to and no less favorable to the company in any respect than the company's franchise with the Township of Burlington.
Senior citizen rates. The company, during the public hearing, offered to establish rates or schedules which provide for reduction or discount in rates for cable television reception service for senior citizens who meet the income and residency requirements of the "Pharmaceutical Assistance to the Aged and Disabled" program pursuant to N.J.S.A. 30:4D-20 et seq.
The renewal of municipal consent herein granted shall expire 15 years from the date of the expiration of the existing certificate of approval, as issued by the Board of Public Utilities.
The municipal consent granted herein shall be subject to automatic renewal for a period of 10 years, in accordance with the procedure set forth in N.J.S.A. 48:5A-19 and 48:5A-25 and N.J.A.C. 14:18-11.1 et seq.
The company shall be required to petition the Board for a certificate of approval authorizing continued operation during the period following expiration of the municipal consent granted herein until a decision is made by the Common Council relative to the renewal of such municipal consent. Such petition shall be filed at least 60 days prior to the expiration of the municipal consent granted herein.
Pursuant to the terms and conditions of the Act, the company, during each year of operation under the municipal consent granted herein, shall pay to the City 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 City, or any amount permitted by the Act or otherwise allowed by law.
The municipal consent granted herein to the company shall apply to the entirety of the City.
The company has completed significant construction within the City. The company, as soon as possible, will provide for such additional construction as necessary to enable it to offer pay-per-view to its subscribers.
The company shall be required to offer service along any public right-of-way to any person's residence or business located in those areas of the franchise territory described herein, in accordance with the proposal for the provision of services as described in the application for renewal of municipal consent. Any additional extension of the system will be made in accordance with the proposal in the application.
Restoration. In the event that the company, or its agents, shall disturb any pavement, street surfaces, sidewalks, driveways or other surfaces in the natural topography, the company, at its sole expense, shall restore and replace such places or things so disturbed in as good condition as existed prior to the commencement of such work.
If at any time during the period of this municipal consent, the dry 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, relay and relocate its equipment, at the expense of the company.
The company shall temporarily move or remove appropriate parts of its facilities to allow moving of buildings, machinery or other similar circumstances. The expense shall be borne by the party requesting such action, except when requested by the City solely on its behalf, in which case the company shall bear the cost.
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 or overhanging streets, alleys, sidewalks and public places of the City so as to prevent the branches of such trees from coming in contact with the wires and cables of the company. Such trimming shall only be to the extent necessary to maintain proper clearance for the company's facilities.
The company shall provide installation to any person's residence or business, as described in the application for the renewal of municipal consent.
During the term of this franchise and any renewal thereof, the company shall maintain a local business office or agent for the purpose of receiving, investigating and resolving all complaints regarding the quality of service, equipment malfunctions and similar matters. 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.
The Office of Cable Television is designated as the complaint officer for the City pursuant to N.J.S.A. 48:5A-26(b). All complaints shall be received and processed in accordance with N.J.A.C. 14:17-7.1.
During the life of the franchise, the company shall give a bond to the City, which bond shall be 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 renewal of municipal consent incorporated herein.
The cable operator shall provide access time to noncommercial public, governmental and educational entities to the extent such access was promised to the City during the application.
The company shall provide the installation of one outlet and basic monthly service to each school and literary in the City free of charge. Each additional outlet installation shall be paid for by the institution on a materials plus labor basis. The monthly service on such additional outlets shall be charged at the regular tariff rates for additional outlets.
In the event that the City shall determine that it is in the best interest of public convenience and necessity for the company to provide two-way interactive service, the company shall be required to apply to the Board of Regulatory Commissioners for approval to enter into and establish the terms and conditions of such contract. All costs for such application shall be borne by the City.
In the event that the City determines that it is necessary and feasible for it to contract with the company for the purposes of providing interconnection services, the company shall be required to apply, if required by law, to the Board of Regulatory Commissioners for approval to enter into and establish the terms and conditions of such contract. All costs for such application to the Board of Regulatory Commissioners shall be borne by the City.
The company shall be required to have the capability at the headend to override the audio portion of the system in order to permit the broadcasting of emergency messages by the City. The company shall in no way be held liable for any injury suffered by the City or any other person during an emergency if for any reason the City is unable to make full use of the cable television system as contemplated herein. The City shall also establish reasonable procedures for such uses.
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 City as an insured and insuring against loss by any claim, suit, judgment, execution or demand for bodily injury or death to one person and for property damage resulting from any one accident in the minimum amounts set forth in its application.
All of the written commitments contained in the written application for renewal of municipal consent filed by the company, except as modified herein, are to be considered binding upon the company as the terms and conditions of this municipal consent, and that application shall be made a part hereof by reference thereto.
Any portion of the application which is in conflict with the provisions of the Cable Television Act, N.J.S.A. 48:5A-1 et seq., the Cable Communications Policy Act of 1984, 47 U.S.C. § 521 et seq., and/or F.C.C. Rules and Regulations, 47 CFR 76.1 et seq., as amended, is not to be construed as effective under the terms of this chapter.
Rules and regulations. The rights, powers, privileges and franchise herein granted shall be subject to all ordinances, regulations, rules and resolutions of the City relating to the operation of power lines and wires across and over public streets. Any building or structure that may be erected shall be subject to Chapter 207, Article VII, Zoning, and Chapter 125, Construction Codes, Uniform, of the Code of the City of Burlington, provided that no reception towers shall be erected within the City except upon specific approval of the City Council.
Violation; revocation of franchise. The rights, powers and privileges and franchise granted by this chapter may be revoked by resolution of the Common Council at any time for any of the following reasons:
Should any state or federal agency or body modify, change or alter any of its provisions with respect to cable television generally, such modifications, changes or alterations shall be incorporated into this consent consistent with the applicable dates specified in the change.