[HISTORY: Adopted by the Township of Washington
(now Township of Robbinsville) as indicated in article histories.
Amendments noted where applicable.]
[Adopted 8-11-1986 by Ord. No. 86-19]
The Township of Washington (now the Township
of Robbinsville), Mercer County, New Jersey (hereinafter referred
to as "municipality") hereby grants to RCH Communications of Washington
Township, Inc. (hereinafter referred to as the "company") a nonexclusive
franchise 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 pursuant to N.J.S.A. 48:5A-1
et seq. (the Cable Television Act; hereinafter referred to as "the
Act").
For the purpose 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 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:
The Township of Washington (now Township of Robbinsville),
County of Mercer, in the State of New Jersey.
The grantee of rights under this ordinance and is known as
"RCH Communications of Washington Township, Inc."
Chapter 186 of the General Laws of New Jersey 1972, N.J.S.A.
48:5A-1 et seq.
The Board of Public Utilities Commission.
Office of Cable Television within the Department of Public
Utilities.
A public hearing concerning the franchise 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
as above stated and said hearing having been fully open to the public,
and the municipality having received at said hearing all comments
regarding the qualifications of the company to receive this franchise,
the municipality hereby 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.
The right to use and occupy said streets and
other public ways for the purpose herein set forth shall not be exclusive,
and the municipality reserves the right to grant a similar use in
said streets to any other person, firm, corporation or other approved
legal entity.
A.
The consent herein shall expire 10 years from the
date of certificate of approval is issued by the Board of Public Utilities.
The consent granted herein shall be subject to automatic renewal for
a period of 10 years in accordance with the procedures of N.J.S.A.
14:18-11.1 et seq.
B.
The company shall be required to petition the Board
for a certificate of approval authorizing continued operation during
the period following expiration of the consent granted herein until
such a time that a decision is made by the municipal governing body
relative to the renewal of said consent. Such petition shall be filed
at least 60 days prior to the expiration of the consent granted herein.
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 municipality 2% of the gross revenues from
all recurring charges in the nature of subscription fees 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 thereto.
The construction shall commence within 60 days
after receipt of all necessary approvals. The company shall be required
to complete all construction within the service area described herein
within one year thereafter.
The company shall be required to proffer service
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. Any
additional extension of the system which is necessary in the future
but not contemplated in the application shall be made in accordance
with the office's line extension policy now or thereafter promulgated,
and in accordance with the company's proposals for additional extensions
of the system in their application and as further elaborated at the
public hearings and in additional documentation filed with the governing
body during the course of said hearings.
A.
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
in as good condition as existed prior to the commencement of such
work.
B.
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 by
the municipality, shall, at its sole expense, remove, re-lay and relocate
its equipment.
C.
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 private parties, the cost will
be borne by those same parties.
D.
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 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.
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, except holidays.
The Office of Cable Television is hereby designated
as the complaint officer for the Township of Washington (now Township
of Robbinsville), 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 company shall post with the municipality
a sufficient bond with sufficient securities subject to the approval
of the municipality as to zoning and a review by the Director and
approval by the Board as to sufficiency of amount in the final sum
of not less than $25,000 or such additional sum as shall be finally
approved by the Board. Said bond shall be conditioned upon the faithful
performance of all undertakings by the company as represented in the
application of the company.
The municipality having determined that the
rates proposed in the application and subsequent amendments thereto,
filed prior to the closing of hearings in the above matter, for cable
television reception service are reasonable approves them as presented,
subject to review and approval by the Office and the Board.
The company shall not alter its basic service
without first notifying the municipality, but may do so without notifying
the Office. The basic service includes those channels which the company
has previously agreed to carry without a separate or additional charge,
including but not limited to those basic services and channels as
discussed and described in the aforementioned public hearings and
as outlined in the resolution previously passed granting a franchise
to RCH Communications of Washington Township, Inc.
The cable operator shall access time to noncommercial
public, governmental and educational entities to the extent such access
was promised to the municipality during the application and franchising
process.
The cable company shall provide the installation
of one outlet and basic monthly service to each school and/or library
in the municipality free of charge. Upon request, each additional
outlet installation shall be paid for by the institution on a cost-plus-labor
basis. Monthly service on such additional outlets shall be charged
at the regular tariffed rates for additional outlets.
In the event that the municipality determines
that it is necessary and feasible for it to contract with the company
for the purpose of providing additional equipment or specific services
to the municipal government or its agencies, the company shall be
required to apply to the Board and if necessary the FCC for approval
to enter into and establish the terms and conditions of such a contract.
All costs related to such application to the Board and the FCC shall
be allocated and paid in a manner agreeable to the company and the
municipality, subject to approval of the Board.
The company shall be required to have the capability,
at the head end, to override the audio portion of the system in order
to permit the broadcasting of emergency messages by the municipality.
The municipality shall provide such facilities, or if such facilities
are provided by the company, it shall be the responsibility of the
municipality to pay for their use. 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. The municipality shall also establish reasonable procedures
for such uses.
The company agrees to maintain and keep in full
force and effect as 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, $1,000,000 for property damage resulting
from any one accident, and more specifically, as set forth in the
respective company's application.
A.
The company shall not hinder or in any way unreasonably
or unnecessarily obstruct the public use of any and all parts of the
streets, and where it is necessary to temporarily obstruct some part
of a street for the purpose of installation, inspection, maintenance
or repair of its facilities, the company shall, with prior notice
to and approval from the local police, schedule such work at such
times as pedestrian and vehicular traffic is normally light, and at
all times shall provide adequate guards, barriers and warning devices
to safeguard the public from injury to persons and property.
B.
Wherever practicable, the company shall employ the
use of existing poles heretofore or hereafter installed and maintained
by franchised utility companies, under pole lease agreements with
the owners of such poles. No new poles, cables, guys or other equipment
will be permitted at any point or place where the same will or may
interfere with any sidewalk, crosswalk, driveway, building, shade
tree, street intersection, utility pole, electrical power, telephone
or telegraph line, gas, water, storm or sanitary sewer main, catch
basin or any other existing public facility, or with any contemplated
municipal improvement. No new poles shall be installed without obtaining
the prior approval of the Board.
C.
The company's transmission and distribution system
poles, wires and appurtenances shall be located, erected and maintained
so as not to endanger or interfere with the lives of persons, or to
interfere with new improvements the Township may deem proper to make,
or to unnecessarily hinder or obstruct the free use of the streets,
alleys, bridges or other public property. Removal of poles to avoid
such interference shall be at the company's expense.
D.
In the maintenance and operation of its television
transmission and distribution system in the streets, alleys and other
public places, and in the course of any new construction or addition
to its facilities, the company shall proceed so as to cause the least
possible inconvenience to the general public. Any opening or obstruction
in the streets or other public places made by the company in the course
of its operation shall be granted and protected at all times by the
placement of adequate barriers, fences or boardings, the bounds of
which, during period of dusk and darkness, shall be clearly designated
by red warning lights. All openings in public streets or places shall,
nevertheless, be subject to and governed by the regulations and provisions
of Township ordinances pertaining to excavation and construction in
public streets, roads or highways.
E.
It is the stated intention of the municipality that
all other holders of public licenses and franchises within the limits
of the municipality shall cooperate with the company to allow the
company's joint usage of their poles and pole-line facilities wherever
such usage does not interfere with the normal operation of said poles
and pole lines so that a number of new or additional poles constructed
by the company within the municipality may be minimized. Such cooperation
shall include the rights of joint usage at reasonable rates and on
reasonable terms.
F.
The company shall grant to the municipality, free
of expense, joint use of any and all poles owned by it for any proper
municipal purpose acceptable to the company, insofar as it may be
done without interfering with the free use and enjoyment of the company's
own wires and fixtures. Proper regard shall be given to all existing
safety rules governing construction and maintenance in effect at the
time of construction.
G.
All equipment shall be properly installed and shielded
so as to prevent interference with television and radio reception.
H.
The company, at its own expense, promptly and in a
workmanlike manner, will repair any damage to streets as herein defined
or to any drains, sewers, lawns, shrubs or in any other public or
private property, caused by any act of the company, its officers,
agents, servants, contractors, or subcontractors, any third person,
or by act of God, and upon the municipality's request will temporarily,
remove, at its own expense, any wire, cable, pole, or other equipment
within any street, as herein defined, at any time such removal may
be considered by the municipality to be necessary to accomplish a
municipal purpose, and whenever requested by the municipality, the
company, at its own expense, will permanently remove and relocate
such of its facilities as may interfere or tend to interfere with
municipal improvement.
The company, during the period it exercises
privileges herein granted, shall maintain and operate its system according
to the highest current prevailing operating standards promulgated
by the Federal Communications Commission and/or the Office of Cable
Television, in such manner as to provide its subscribers the highest
possible level of quality and reliability. The company shall exercise
its best effort to provide its subscribers with all the advantages
resulting from time to time from advances and improvements in the
community antenna television industry.
Upon 20 days advance notice, the company shall
appear at a public hearing before the governing body for the purpose
of public review of the performance of the company in accordance with
the terms of the ordinance and regulations of the Office of Cable
Television.
The privilege herein granted to the company
is made upon the express condition that within 10 days after the final
adoption of this ordinance, the company shall file with the Municipal
Clerk a written acceptance of the same and all of its conditions,
and bind itself to provide the necessary television antenna service
within the municipality to all persons subscribing for such service,
and to provide, maintain and continuously operate the system contemplated
in this ordinance without interruption, except for causes beyond the
company's reasonable control. In the event the company fails to file
such written acceptance within such period, this ordinance shall be
void as it applies to the company that fails to file such written
acceptance.
In the event that the municipality 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 to the Board for approval to enter into
and establish the terms and conditions of such contract. All costs
for such application to the Board shall be borne by the company.
In the event that the municipality determines
that it is necessary and feasible for it to contract with the company
for the purposes of providing two-way service, the company shall be
required to apply to the Board for approval to enter into and establish
the terms and conditions of such contract. All costs for such application
shall be borne by the company.
All of the written commitments contained in
the written application, except as modified herein, are to be considered
to be binding upon the applicant as the terms and conditions of this
consent, and that application 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
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.
It is understood that 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.
This municipal consent shall become effective
as of the date upon which the municipality received written conditions
herein, but not earlier than its passage and publication in the manner
provided by law.
In addition to the hearing fees set forth in
N.J.S.A. 48:5A-23(f), the applicant shall reimburse the municipality
for all costs incurred in the publication of this ordinance required
by the ordinance adoption procedure of the statutes of the State of
New Jersey.
[Adopted 2-28-2014 by Ord. No. 2014-1[1]]
[1]
Editor's Note: This ordinance also superseded former Art.
II, Cablevision Franchise, adopted 9-30-1999 by Ord. No. 99-26.
For the purpose of this ordinance the terms defined above[1] shall have the meanings there indicated, and the following
additional terms shall have the following meanings:
That statute of the State of New Jersey relating to cable
television, known as the Cable Television Act, N.J.S.A. 48:5A-1 et
seq.
Cablevision's application for Renewal of Municipal Consent,
which application is on file in the Township Clerk's office and is
incorporated herein by reference and made a part hereof, except as
modified, changed, limited or altered by this ordinance.
The Board of Public Utilities of the State of New Jersey
or its successor agency.
CSC TKR, LLC d/b/a Cablevision of Hamilton ("Cablevision"),
the grantee of rights under this ordinance.
That federal statute relating to cable communications commonly
known as the Cable Communications Policy Act of 1984, 47 U.S.C. § 521
et seq. and the Telecommunications Act of 1996, or as those statutes
may be amended.
Those federal regulations relating to cable television services,
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.
The Federal Communications Commission.
The installation of drop cable to a customer's premises where
the distance from the point of entry into the building being served
is less than 150 feet from the active cable television system plant.
The State of New Jersey.
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 et seq., or as such regulations may be amended.
The governing body of the Township of Robbinsville in the
County of Mercer, and the State of New Jersey.
Programming provided by, or generally considered comparable
to programming provided by, a television broadcast station.
[1]
Editor's Note: Refer to the preamble of Ord. No. 2014-1, adopted
2-28-2014.
A public hearing concerning the consent herein granted to Cablevision
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 Cablevision to receive this consent, the Township hereby finds
Cablevision possesses the necessary legal, technical, character, financial
and other qualifications to support municipal consent, and that Cablevision's
operating and construction arrangements are adequate and feasible.
The Township hereby grants to Cablevision its nonexclusive consent
to place in, upon, along, across, above, over, and under its highways,
streets, alleys, sidewalks, public ways, and public places in the
municipality poles, wires, cables, and fixtures necessary for the
maintenance and operation in the Township of a cable television system,
and for the provision of any communication service over the such system
as may be authorized by federal or state regulatory agencies. Operation
and construction, pursuant to said consent, is conditioned upon prior
approval of the Board of Public Utilities.
This consent granted herein shall be nonexclusive and shall
be for a term of 10 years from the date of issuance of a certificate
of approval by the Board.
If Cablevision seeks successive consent, it shall, prior to
the expiration of this consent, apply for a municipal consent and
certificate of approval in accordance with N.J.S.A 48:5A-16, and applicable
state and federal rules and regulations. The Company shall also petition
the Board for 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 Township and the Board
relative to the renewal of said consent.
The consent granted under this ordinance to Cablevision shall
apply to the entirety of the Township and any property hereafter annexed.
Cablevision shall be required to offer video programming service
along any public right-of-way to any person's residence located in
the portion of the franchise territory, as described in the map attached
to the application at tariffed rates for standard and nonstandard
installation. Such area designated shall constitute the primary service
area.
Cablevision shall extend service along any public right-of-way
outside its primary service area to those residences within the franchise
territory which are located in areas that have a residential density
of 25 homes per mile or greater, or areas with less than 25 homes
per mile where residents agree to share the costs of such extension
in accordance with the line extension formula as provided by the Company
in its application for municipal consent.
Pursuant to the terms and conditions of the Cable Television
Act, Cablevision shall pay to the Township, as an annual franchise
fee, a sum equal to 2% of the actual gross revenues received from
all recurring charges in the nature of subscription fees paid by subscribers
for its cable television reception services in the Township. In the
event applicable law hereinafter permits a larger franchise fee to
be collected, but does not fix the amount thereof, the Township and
Cablevision shall negotiate in good faith with respect to the amount
thereof.
A.
Cablevision shall, upon written request, provide free of charge one
standard installation and monthly cable television broadcast basic
level of cable television reception service to all state or locally
accredited public schools and all municipal public libraries, as well
as municipal buildings located within the Township and used for governmental
purposes.
B.
Upon written request from the Township, Cablevision shall provide
without charge basic cable modem service to state and local accredited
elementary and secondary schools and municipal public libraries in
the municipality as follows: 1) one standard installation per school
or library campus; 2) one cable modem per installation; 3) cable modem
service the term of this agreement for each installation; 4) subject
to the terms, conditions and use policies of the provider of the cable
modem service as those policies may exist from time to time.
C.
Upon written request from the Township, Cablevision shall provide
without charge basic cable modem service to the Township municipal
building or other place where the public business is conducted on
behalf of the municipality in the municipality as follows: 1) one
cable modem per installation; 2) cable modem service for the term
of this agreement for each installation; 3) subject to the terms,
conditions and use policies of the provider of the cable modem service
as those policies may exist from time to time.
Cablevision shall perform construction and installation of its
plant and facilities in accordance with applicable state and federal
law. The Company shall be subject to the following additional construction
requirements with respect to the installation of its plant and facilities
in the Township:
A.
In the event that the Company or its agents shall disturb any pavement,
street surfaces, sidewalks, driveways or other surfaces, the Company
shall at its sole expense restore and replace such disturbances in
as good a condition as existed prior to the commencement of said work.
B.
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 by the Township, shall
remove or relocate its equipment, at its own expense.
C.
Upon request of a person holding a building or moving permit issued
by the Township, the Company shall temporarily move or remove appropriate
parts of its facilities so as to permit the moving or erection of
buildings or for the performance of other work. The expense of any
such temporary removal or relocation shall be paid in advance to the
Company by the person requesting the same. In such cases, the Company
shall be given not less than 14 days' prior written notice in order
to arrange for the changes required.
D.
During the exercise of its rights and privileges under this consent,
the Company shall have the authority to trim trees upon and overhanging
streets, alleys, sidewalks and public places of the Township so as
to prevent the branches of such trees from coming in contact with
the wires, cables, conduits and fixtures of the Company. Such trimming
shall be only to the extent necessary to maintain proper clearance
for the Company's facilities.
Cablevision shall comply with the technical and customer service
standards established for the cable industry under applicable federal
and state laws, rules and regulations.
Cablevision shall establish and maintain during the entire term
of this consent a local area business office or agent for the purpose
of receiving, investigating and resolving complaints regarding the
quality of service, equipment malfunctions and similar matters. Said
office shall be open daily during normal business hours, and in no
event less than 9:00 a.m. to 5:00 p.m., Monday through Friday, with
the exception of holidays and currently open on Saturday.
The Office of Cable Television is hereby designated as the complaint
officer for the Township pursuant to the provisions of N.J.S.A. 48:5A-26.
All complaints shall be reviewed and processed in accordance with
N.J.A.C. 14:17-6.5.
Cablevision agrees to maintain and keep in force and effect
at its sole cost at all times during the term of this consent, sufficient
liability insurance naming the Borough as an additional insured and
insuring against loss by any such claim, suit, judgment, execution
or demand in the minimum amounts of $500,000 for bodily injury or
death to one person, and $1,000,000 for bodily injury or death resulting
from any one accident or occurrence stemming from or arising out of
the Company's exercise of its rights hereunder.
Cablevision shall obtain and maintain, at its sole cost and
expense, during the entire term of this agreement, a bond to the municipality
in the amount of $25,000. Such bond shall be to insure the faithful
performance of its obligations as provided in this franchise.
A.
The rates of the Company for cable television services shall be subject
to regulation to the extent permitted by federal and state law.
B.
Cablevision shall implement a senior citizen discount in the amount
of 10% off the monthly rate of the broadcast basic level of cable
television reception service to any person 62 years of age or older
who subscribes to the Company's cable television service, subject
to the following:
(1)
Such discount shall only be available to eligible senior citizens
who do not share the subscription with more than one person in the
same household who is less than 62 years of age;
(2)
In accordance with N.J.S.A. 48:5A-11.2, subscribers seeking
eligibility for the discount must meet the income and residence requirements
of the Pharmaceutical Assistance to the Aged and Disabled program
pursuant to N.J.S.A. 30:4D-21;
(3)
The senior discount herein relates only to the broadcast basic
level of cable television service, and shall not apply to any additional
service, feature, or equipment offered by the Company, including any
premium channel services and pay-per-view services; and
(4)
Senior citizens who subscribe to a level of cable television
service beyond expanded basic service, including any premium or per-channel
a la carte service, shall not be eligible for the discount.
C.
The Company shall have no further obligation to provide the senior
discount herein in the event that a) the Company converts the municipal
consent granted herein to a system-wide franchise in accordance with
N.J.S.A. 48:5A-25.1; or b) upon Board approval of a certification
that another cable television service provider offering services to
residents of the Township files, in accordance with N.J.S.A. 48:5A-30(d),
is capable of serving 60% or more of the households within the Township.
In the event the Company does cease providing a senior discount pursuant
to this provision, it shall comply with all notice requirements of
applicable law.
Cablevision shall be required to have the capability to override
the audio portion of the system in order to permit the broadcasting
of emergency messages by the Township pursuant to state and federal
requirements. The Company shall in no way be held liable for any injury
suffered by the Township 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. The Township shall
utilize the state-approved procedures for such emergency uses.
A.
In the event that the service of another multi-channel video program
provider not subject to the Township's regulatory authority within
the Township creates a significant competitive disadvantage to Cablevision,
the Company shall have the right to request from the Township lawful
amendments to its franchise that relieve it of burdens which create
the unfair competitive situation. Should the Company seek such amendments
to its franchise, the parties agree to negotiate in good faith appropriate
changes to the franchise in order to relieve the Company of such competitive
disadvantages. If the parties can reach an agreement on such terms,
the Township agrees to support the Company's petition to the Board
for modification of the consent in accordance with N.J.S.A 48:5A-47
and N.J.A.C. 14:17-6.7.
B.
If the parties are unable to reach an agreement on appropriate amendments
to the franchise, the Township acknowledges that the Company shall
have the right to petition the Board directly for such amendments
in accordance with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7; provided,
however, the Township shall be under no obligation to support Cablevision's
request for such relief from the Board.
C.
In any subsequent municipal consent, Township shall require, at a
minimum, the same terms and conditions of any other provider of multi-channel
video programming subject to the Township's regulatory authority as
those contained in the instant consent. In the event such subsequent
consent does not contain the same terms and conditions as the instant
consent, Township agrees to support the Company's petition to the
Board for modification of the consent in accordance with N.J.S.A.
48:5A-47 and N.J.A.C. 14:17-6.7 to relieve the Company of competitive
disadvantages identified in the Company's petition.
Upon expiration, termination or revocation of this ordinance,
Cablevision at its sole cost and expense and upon direction of the
Board, shall remove the cables and appurtenant devices constructed
or maintained in connection with the services authorized herein, unless
Cablevision, its affiliated entities or assignees should, within six
months after such expiration, termination or revocation, obtain certification
from the FCC to operate an open video system or any other federal
or state certification to provide telecommunications.
A.
Cablevision shall continue to make available noncommercial public,
educational and governmental (PEG) access as described in the application
for municipal consent. All Cablevision support for PEG access shall
be for the exclusive benefit of Cablevision's subscribers.
B.
The Township agrees that Cablevision shall retain the right to use
the PEG access channel, or portion thereof, for non-PEG access programming,
during times when the Township is not utilizing the channel for purposes
of providing PEG access programming. In the event that the Company
uses said PEG access channel for the presentation of such other programming,
the PEG programming shall remain the priority use and the Company's
rights with respect to using the channel for non-PEG programming shall
be subordinate to the Township's provision of PEG access programming
on such channel.
C.
Upon written request by the Township, Cablevision shall install one
fiber access return feed at a municipally designated building. Upon
completion of the installation, Cablevision shall provide the Township,
in lieu of the regional PEG channel described in the application,
with its own designated channel, which the Township will use exclusively
for education and government access.
D.
Cablevision shall have discretion to determine the format and method of transmission of the PEG access programming provided for in this § A301-21.
E.
Cablevision shall provide the Township with a one-time PEG grant
of up to $18,500 payable as follows: 1) an initial grant payment of
$5,000 within 60 days of the issuance of the certificate of approval
by the Board of Public Utilities (the "initial grant"); and 2) a grant
of $1,500 provided in annual installments, upon written request by
the Township (the "annual grant"). Each installment of the annual
grant shall be payable to the Township within 90 days from receipt
of the Township's written request. Cablevision shall not be obligated
to make any additional payments beyond year 10 of the franchise term.
F.
The Township agrees that the initial grant and the annual grant provided pursuant to Subsection E, shall be used for the exclusive support of PEG access programming, such as the purchase and/or rental of PEG access equipment and facilities. On request, the Township shall provide Cablevision with a certification of compliance with this § A301-21F.
G.
The Company shall have no further obligation to provide any PEG grant
payments due and payable after the date upon which the Company converts
the municipal consent granted herein to a system-wide franchise in
accordance with N.J.S.A. 48:5A-25.1.
All of the commitments contained in the application and any
amendment thereto submitted in writing to the Township by the Company
except as modified herein, are binding upon Cablevision as terms and
conditions of this consent. The application and any other written
amendments thereto submitted by Cablevision in connection with this
consent are incorporated in this ordinance by reference and made a
part hereof, except as specifically modified, changed, limited, or
altered by this ordinance, or to the extent that they conflict with
state or federal law.
This consent shall be construed in a manner consistent with
all applicable federal, state and local laws, as such laws, rules
and regulations may be amended from time to time.
If any section, subsection, sentence, clause, phrase, or portion
of this ordinance is for any reason held invalid or unconstitutional
by any court 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 portion thereof.
[Amended 4-18-2018 by Ord. No. 2018-9]
Notices required under this ordinance shall be in writing and
shall be mailed, first class, postage prepaid, to the addresses below.
Either party may change the place where notice is to be given by providing
such change in writing at least 30 days prior to the time such change
becomes effective. The time to respond to notices under this ordinance
shall run from receipt of such written notice.
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Notices to the Company shall be mailed to:
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Altice USA, f.k.a. Cablevision Systems Corporation
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1111 Stewart Avenue
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Bethpage, NY 11714
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Attention: Vice President for Government/Public Affairs, New
Jersey
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With a copy to:
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CSC TKR, LLC d/b/a Cablevision of Hamilton
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1111 Stewart Avenue
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Bethpage, NY 11714
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Attention: Legal Department
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Notices to the Township shall be mailed to:
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Township of Robbinsville
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2298 Route 33
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Robbinsville, New Jersey 08691
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Attention: Business Administrator
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This ordinance shall take effect upon issuance of a certificate
of approval as issued by the Board of Public Utilities.
