[HISTORY: Adopted by the Mayor and Council of the Borough
of Swedesboro 12-19-2022 by Ord. No. 13-2022.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. A390,
Cable Television Franchise, adopted 5-6-1996 (Ch. A141 of the 1982 Code), as amended.
The municipality hereby grants to the company renewal of its
nonexclusive municipal consent to place in, upon, along, 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 municipality of a cable television system and
cable communications system.
For the purpose of this chapter, the following terms, phrases,
words and their derivations shall have the meanings given herein.
Such meaning or definition of terms is supplemental to those definitions
of the Federal Communications Commission (47 CFR 76.5) 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 or state
definitions:
Chapter 186 of the General Laws of New Jersey, 1972, § 48:5A-1
et seq.
The Board of Public Utilities.
The grantee of rights under this chapter and is known as
"Comcast of South Jersey, LLC."
The Borough of Swedesboro, County of Gloucester, in the State
of New Jersey.
The Office of Cable Television within the Board.
A public hearing concerning the renewal of municipal consent
herein granted to the company was held after the proper public notice
pursuant to the terms and conditions of the Act and the regulations
of the Board adopted pursuant thereto. Said hearing having been fully
open to the public, and the municipality having received at said public
hearing all comments regarding the qualifications of the company to
receive this renewal of municipal consent, the municipality hereby
finds that the company possesses the necessary legal, technical, character,
financial and other qualifications and that the company's operating
arrangements are adequate and feasible.
The renewal of municipal consent and all rights herein granted
shall take effect and be in force for a period of 10 years.
Pursuant to the terms and conditions of the Act, N.J.S.A. 48:5A-30,
the company shall, during each year of operation under the renewal
of municipal consent granted herein, pay to the municipality 2% of
the gross revenues from all recurring charges received by the company
from subscribers to its cable television reception service in the
municipality.
The consent granted herein to the company shall apply to the
entirety of the municipality and any property hereafter 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 25 dwellings per linear mile from
the nearest active trunk or feeder line.
A.Â
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 shall, at its sole expense,
restore and replace such places or things so disturbed to a condition
as reasonably close as possible to that which existed prior to the
commencement of such work.
B.Â
Relocation. If at any time during the period of this consent the
municipality shall alter or change the grade of any street, alley
or other way or place, the company, upon reasonable notice given by
the municipality, shall, at its sole expense, remove, re-lay and relocate
its equipment.
C.Â
Temporary removal of cables. The company shall, upon request of the
municipality at the company's expense, temporarily raise, lower
or remove its lines in order to facilitate the moving of buildings
or machinery or in other like circumstances. Whenever the request
for removal is made by, for or on behalf of private parties, the cost
will be borne by those same parties.
D.Â
Removal or trimming of trees. During the exercise of its rights and
privileges under this renewal of municipal consent, the company shall
have the authority to trim trees upon and overhanging highways, streets,
alleys, sidewalks, easements, public ways 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 wires and cables.
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 Office of Cable Television is hereby designated as the complaint
officer for the municipality, pursuant to N.J.S.A. 48:5A-26b. All
complaints shall be received and processed in accordance with N.J.A.C.
14:17-6.5.
During the period of construction, the company shall give a
bond to the municipality, which bond shall be in the amount of $25,000
pursuant to N.J.S.A. 45:5A-28. 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 rates of the company shall be subject to regulation as permitted
by federal and state law.
A.Â
Upon request, the company shall provide courtesy extra video service
or a similar tier of cable television service to one outlet at no
cost to each qualified existing and future school in the Borough,
public and private, elementary, intermediate and secondary, provided
the school building is within 200 feet of an active cable distribution
plant or through customer-owned conduit. Each additional outlet installed,
if any, shall be paid for on a materials plus labor basis by the school
requesting service.
B.Â
Upon request, the company shall provide courtesy extra video service
or a similar tier of cable television service at no cost to one outlet
to each qualified existing and future municipal building, police,
fire, emergency management facility and public library in the Borough,
provided the facility is located within 200 feet of an active cable
distribution plant or through customer-owned conduit. Each additional
outlet installed, if any, shall be paid for on a materials plus labor
basis by the City.
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).
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 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.
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 renewal of municipal consent and that application
shall be made a part hereof by reference thereto.
If any section, subsection, sentence, clause, phrase or portion
of this chapter is for any reason held invalid or unconstitutional
by a 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.
Should the Borough 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 chapter subject to the provisions
of N.J.A.C. 14:17-6.7.
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.
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.
This renewal of municipal consent shall become effective as
of the date of expiration of the company's existing certificate
of approval as issued by the Board.
