[HISTORY: Adopted by the Mayor and Council of the Borough
of Bloomsbury 11-22-2004 by Ord. No. 117-04, amended in its entirety
by 12-27-2016 by Ord. No. 107-16. Subsequent amendments noted where applicable.]
This ordinance shall be known and may be cited as the "Service
Electric Cable TV of Hunterdon, Inc., Cable Television Municipal Consent
Renewal Ordinance."
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 shall be interpreted consistent
with the definitions of the Federal Communications Commission, FCC
Rules and Regulations, 47 CFR 76.1 et seq., and shall in no way be
construed to broaden, alter or conflict with the federal or state
definitions.
APPLICATION
The application of Service Electric Cable TV of Hunterdon,
Inc., and addenda thereto, which application and addenda are on file
in the office of the Borough Clerk and are incorporated herein by
reference and made a part hereof, except as modified, changed, limited
or altered by this ordinance.
BOARD
The Board of Public Utilities of the State of New Jersey.
BOROUGH or MUNICIPALITY
The municipality of the Borough of Bloomsbury, in the County
of Hunterdon, in the State of New Jersey.
COMMITMENTS
The commitments, terms and undertakings on the part of Service
Electric set forth in this ordinance.
COMPANY
The grantee of rights under this ordinance, and is known
as "Service Electric Cable TV of Hunterdon, Inc."
FEDERAL ACT
That federal statute relating to cable communications commonly
known as the "Cable Communications Policy Act of 1984," 47 U.S.C.
§ 521 et seq., or as the statute may be amended.
FEDERAL REGULATIONS
Those federal regulations relating to cable television service,
47 CFR 76.1 et seq. (and, to the extent applicable, any other federal
rules and regulations relating to cable television, including, but
not limited to, those described in 47 CFR 76.3), or as such regulations
may be amended.
STATE ACT
Chapter 186 of the General Laws of New Jersey, 1972, and
subsequent amendments thereto, N.J.S.A. 48:5A-1 et seq.
STATE REGULATIONS
Those regulations of the State of New Jersey Board of Public
Utilities relating to cable television, N.J.A.C. 14:17-1.1 et seq.,
and N.J.A.C. 14:18-1.1 et seq., or as such regulations may be amended.
A. The municipality hereby grants to the company its nonexclusive consent
to place in, upon, along, across, above, over and under the highways,
streets, alleys, sidewalks, public ways, and public places in the
municipality poles, wires, cables, underground conduits, manholes,
and other television conductors and fixtures necessary for the maintenance
and operation in the municipality of a cable television system and
cable communications system; provided, however, that no transmission
towers may be erected without the prior approval of the municipality
unless permitted by existing zoning provisions.
B. The municipality's consent to the renewal of the franchise is
subject to the terms and conditions of this ordinance and the company's
acceptance of the provisions of this ordinance and its written confirmation
that it will comply with all of the commitments.
A public hearing regarding the company's consent application
was held on October 25, 2016, after proper public notice, according
to the terms and conditions of the State Act. The hearing was fully
open to the public, and the Borough received at the hearing, and for
a period of 30 days thereafter, all comments regarding the qualifications
of the company to receive municipal consent. Pursuant to the terms
and conditions set forth herein, the company possesses the necessary
legal, technical, character, financial and other qualifications to
support municipal consent, and the company's operating and construction
arrangements are adequate and feasible.
The consent herein granted shall expire 15 years from the date
of the expiration of the current certificate of approval issued by
the Board of Public Utilities.
If the company seeks a successive consent, it shall, prior to
the expiration of this consent, apply for a municipal consent and
certificate of approval in accordance with the Cable Television Act,
N.J.S.A. 48:5A-11 and N.J.S.A. 48:5A-16, and applicable state and
federal rules and regulations. The company shall also petition the
Board for a certificate of approval authorizing continued operation
during the period following expiration of the consent granted herein,
and until such a time that a decision is made by the municipal governing
body relative to the renewal of said consent.
Pursuant to the terms and conditions of the Act, the company
shall, during each year of operation under the consent granted herein,
pay to the Borough 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 Borough. The fee shall be paid
on or before January 25 of each year, and at the same time the company
shall file with the chief financial officer of the municipality a
statement showing the gross receipts upon which payment is based.
The company shall be required to proffer service along any public
right-of-way to any residence 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. Any application
for extension of the system will be made in accordance with the company's
line extension policy as outlined in the application.
A. 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 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, recognizing that the company
will in no event be required to completely resurface any street, driveway,
sidewalk or other surface.
B. If, at any time during the period of this consent, the Borough shall
alter or change the grade of any street, alley or other way or place,
the company, upon reasonable notice by the Borough, shall remove,
re-lay and relocate its equipment, at the expense of the company,
unless the Borough compensates other utilities relocating facilities,
in which case the company shall also be entitled to compensation or
reimbursement.
C. The company shall temporarily move or remove appropriate parts of
its facilities to allow moving of buildings, machinery or in other
similar circumstances. The expense for the movement or removal of
such facilities shall be borne by the party requesting such action,
except when requested by the Borough, in which case the company shall
bear the cost.
D. 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 and public places of the Borough so as
to prevent, but only to prevent, the branches of such trees from coming
in contract 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, and no trees shall be trimmed,
removed or destroyed without the prior consent of the Borough.
The company shall provide installation to each person's
residence or business within the Borough based on the price schedule
set forth in the application, which may be amended from time to time.
The company shall also extend its plant along private roads under
the same terms as set forth above in this section, except that it
will be the responsibility of the property owners to acquire necessary
easements. In the event that the density of homes along a private
road does not meet the threshold under the company's line extension
policy, then the property owner will have to share the cost of the
line extension in addition to acquiring the necessary easements.
The consent granted herein to the company shall apply to the
entirety of the Borough and any property hereafter annexed by the
Borough.
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.
The local business office need not be located within the Borough,
but rather within a reasonable distance thereof affording convenient
accessibility to Borough subscribers. 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, except legal and company
holidays. Such office shall be as required by the Office of Cable
Television and prescribed in the rules and regulations thereof.
A. The Office of Cable Television (OCTV) is hereby designated as the
complaint officer for the Borough pursuant to N.J.S.A. 48:5A-26b.
B. All complaints shall be received and processed in accordance with
N.J.A.C. 14:18-6.5.
A. Facilities and equipment.
(1)
In transmitting its television signals to subscribers in the
Borough, the company shall provide a quality of signal that is at
least as good as that customarily provided under prevailing industry
standards.
(2)
The company shall comply with any requirements imposed by the
federal regulations, and (to the extent not preempted by federal law)
any state regulations, relating to technical standards for the transmission
of television signals, transmission quality, or facilities and equipment.
B. Emergency uses. In the event that a predominant number of the municipalities
within the company's Phillipsburg service area agree to participate
in an emergency use system, the company shall be required to have
the capacity at the headend to override the audio portion of the system
in order to permit the broadcasting of emergency messages by the Borough.
The Borough shall provide such facilities; or if such facilities are
provided by the company, it shall be the responsibility of the Borough
to pay for their use. The company shall in no way be held liable for
any injury suffered by the Borough or any other person, during an
emergency, if for any reason the Borough is unable to make full use
of the cable television system as contemplated herein. The company
and the participating municipalities shall also establish reasonable
procedures for such uses.
C. Customer service. At the request of Borough, the company and the
Borough's designee shall meet at least semiannually to review
all matters relating to cable television in the Borough, with the
minutes of such meetings to be delivered to the company and to be
filed with the Borough.
D. Compliance with law. Notwithstanding any specific mention of applicable
federal or state statutes or regulations above, the company shall
comply with all of the requirements of the federal act, the federal
regulations, the state act and state regulations (to the extent not
preempted), and any other valid statute, regulation or rules, specifically
including, but without limitation, those relating to equal employment
opportunity. In the event of a conflict between the state act or state
regulations and any FCC or federal regulation or federal act, the
FCC or federal regulation or federal act shall prevail.
The Borough will not regulate the rates the company may charge
subscribers for its service; provided that, in the event the federal
act and other applicable law hereafter is amended to permit the exercise
of regulatory power over rates by municipalities, the Borough reserves
the right to exercise the maximum power permitted by law.
Although nothing herein shall require the company to carry or
transmit any particular television stations or programming source,
the company shall provide the subscribers in the Borough with at least
the same broad categories of programming, in approximately the same
quantity, as are now provided, and which appear in the application.
A. The company shall provide a "standard" installation at the company's
own cost if the installation is within 200 feet of the company's
activated plant, as measured from the company's extended cable
on the street to the point of entry. If any building listed in this
section is more than 200 feet from the company's plant, the company
will charge the Borough for a "nonstandard" installation. The company
shall provide the "standard" installation of one outlet and lifeline
and first-tier level of monthly service to each school, library, municipally
owed facility and fire house located in the Borough free of charge.
Each additional outlet installation fee shall be paid for by the institution
on a materials-plus-labor basis. Monthly service on other such additional
outlets shall be charged at the regular tariffed rates for such services.
The company shall also furnish free of charge standard business-class
service, currently 35 Mbps, during each year of the term of this franchise,
with high-speed internet service to the following offices within the
municipality:
(1)
Municipal offices, 91 Brunswick Avenue, Bloomsbury, New Jersey
08804.
(2)
Department of Public Works Garage, 100 Church Street, Bloomsbury,
New Jersey 08804.
(3)
Elementary School, 20 Main Street, Bloomsbury, New Jersey 08804.
(4)
Fire Department, 91 Brunswick Avenue, Bloomsbury, New Jersey
08804.
B. High-speed internet service shall be implemented to the foregoing
entities on or about January 1, 2017, or at least 90 days after the
issuance of the renewal certificate of approval. Delays caused by
weather and equipment shortages shall extend the time for implementation.
These offices shall also be eligible to receive any upgrade in internet
speed as may be offered to other subscribers within the Borough during
the term of this franchise.
A. The company shall pay, and by its acceptance of this franchise the
company expressly agrees that it will pay, all damages and penalties
which the Borough may legally be required to pay as a result of the
company's negligence in the installation, operation, or maintenance
of the cable television system authorized herein. The Borough shall
notify the company's general manager within 15 days after the
presentation of any claim or demand to the Borough, either by suit
or otherwise, made against the Borough on account of any negligence
or contract as aforesaid on the part of the company.
B. The company shall carry insurance against liability due to physical
damages to property or bodily injury or death to any one person which
shall be not less than $1,000,000, and not less than $1,000,000 to
any one accident.
C. The company shall also carry such insurance as it deems necessary
to protect it from all claims under the workers' compensation
laws in effect that may be applicable to the franchise.
D. All insurance required by this ordinance shall be and remain in full
force and effect for the entire life of this franchise. The insurer
shall notify the Borough at least 30 days prior to its intention to
cancel any policy. The insurer further shall certify to the Borough
the fact of renewal of every such insurance policy at least 15 days
prior to the expiration date.
To secure its faithful performance of its obligations under
a renewal of the franchise during the renewal term, the company shall
provide a performance bond in the sum of $25,000. Such bond shall
specifically secure the faithful performance of all undertakings of
the company as represented in the application and in the commitments.
All of the statements and commitments contained in the application
and any amendment thereto submitted in writing by the company to the
Borough, except as modified herein, are binding upon the company as
terms and conditions of this consent. The application and any other
relevant writings submitted by the company shall be annexed hereto
and made a part hereof by reference to the extent that they do not
conflict with state or federal law.
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 such holding shall not affect the validity of the remaining
portions hereof.
This ordinance shall take effect as of the date upon which the
Borough receives written notification that the company accepts the
provisions of this ordinance and upon publication thereafter.