[HISTORY: Adopted by the Township Council
of the Township of Franklin as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-8-2000 by Ord. No. 3147, effective until 12-31-2016. [1]]
[1]
Editor's Note: Ordinance No. 996 granted a
nonexclusive franchise to Franklin Cablevision, Inc. which became
C-Tec Cable Systems. That franchise expired in 1992 and was replaced
by Ord. No. 1731, adopted 9-15-1992 which was effective until 12-31-1999.
That ordinance was replaced by Ord. No. 3147 which appears in this
article.
A public hearing regarding the company's consent
application was held on September 26, 1999, after proper public notice,
according to the terms and conditions of the state Act. The hearing
was fully open to the public and the Township received at the hearing
all comments regarding the qualifications of the company to receive
Municipal Consent and the community's present and future cable related
needs and interests. 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.
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,
FCC rules and regulations, 47 CFR Section 76.1 et seq. and the Cable
Communications Policy Act, 47 USC, § 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
amendments thereto, N.J.S.A. 48:5A-1 et seq.
The Board of Public Utilities, Office of Cable Television.
The grantee of rights under this ordinance which is RCN of
New Jersey, Incorporated, formerly known as C-TEC Cable Systems.
The Township of Franklin, County of Somerset, State of New
Jersey.
[1]
Editor's Note: The current cable provider for the Township
is Comcast.
The Township hereby grants a nonexclusive consent
of renewal, franchise, right and privilege for RCN 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 Township, such poles, wires, cables,
underground conduits, manholes and other conductors and fixtures necessary
for the maintenance and operation in the Township of a cable television
and cable communications system for the purpose of distributing television
and radio signals and other impulses in order to furnish television
and radio programs and data as well as video communication services
to the public. The rights of grant includes the right to use and occupy
said highways, streets, alleys, sidewalks, public ways and public
places and all manner of easements for the purposes herein set forth
and as provided by the federal and state acts.
The consent herein granted shall be nonexclusive
and shall expire 15 years from the date of expiration of the previous
certificate of approval as issued by the New Jersey Board of Public
Utilities. The Township's consent is subject to and expressly contingent
upon the company commitments, which shall be expressed by means of
an amendment to the application and the company's acceptance of this
ordinance pursuant to N.J.S.A. 49:5A-24.
The company shall, during each year of operation
under the consent granted herein, pay to the Township as a franchise
fee the greater of 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 Township or the maximum amount
permitted under applicable federal or New Jersey law.
The consent granted under this ordinance to
the company shall apply to the entirety of the Township and any property
hereafter annexed.
The primary service area shall consist of all
public residential streets within the Township existing as of the
date of this ordinance as set forth in a map supplied by RCN to the
Township with its Application. RCN's line extension policy shall apply
to new residential public streets and to unserved commercial areas
along public streets and rights-of-way.
RCN shall be required to provide service to
any persons' residence or business located in the Township, in accordance
with RCN's stated installation charges and line extension policy as
set forth in its application and tariff or as the same may hereafter
be amended. As new streets and roads are constructed within the Township,
RCN will extend its system onto such roads in a timely fashion in
accordance with its line extension policy.
A.Â
In transmitting its television signals to subscribers
in the Township, RCN shall provide, at a minimum, a good quality signal,
in accordance with federal and state technical standards and prevailing
industry standards. RCN shall adhere to technical specifications recommended
by the National Cable Television Association rating to technical standards
for the transmission of television signals, signal quality, and facilities
and equipment, to the extent such standards remain consistent with
RCN's technical operations during the course of this franchise. The
Township reserves all rights and authority, regarding technical standards
provided it by federal and state law and regulations at any time during
the franchise.
B.Â
All channels shall enjoy the same level of quality
of audio and video signals.
The company shall maintain its system in good
and reasonable operating condition at all times during the term of
the franchise.
A.Â
As soon as reasonable within RCN's sound business
and technical judgment after any source of television programming
or signals carried by RCN commences regular transmission of an on
channel BTS stereo signal, an HDTV signal, or any other high-resolution
signal, RCN will consider any reasonably necessary action to effect
retransmission of such programming source with a stereo HDTV or other
high resolution signal, taking into account RCN's business and technical
parameters.
B.Â
RCN will be committed to keeping pace with the technology
of the cable industry in New Jersey and will maintain a high degree
of product availability, signal integrity and system reliability as
compared with New Jersey Cable Systems of comparable size, measured
by the number of subscribers on the system and the total number of
system plant mileage.
C.Â
In meeting the standard of product availability referenced in Subsection B of this section, RCN will use its reasonable business judgment to fully program the alphanumeric and video channel capacity of the Franklin system and make programming selections based on those services available on other systems within New Jersey and the New York metropolitan area with sensitivity to the needs of the community based on market surveys and popular demand.
D.Â
The company agrees that it will evaluate technology
to determine whether to maintain its system state-of-the-art using
its reasonable business and technical judgment, and to maintain a
high degree of product availability, it will, to the extent that it
will not unduly interfere with the company's need to protect its signals
from theft of service or other factors within RCN'S reasonable business
judgment, consider making available to its subscribers, as soon as
they become commercially available, any devices or equipment implementing
a TV/VCR interface technology that would work with the scrambling/descrambling
technology used by the company and enable subscribers to take advantage
of some of the advanced TV/VCR features and combinations on subscriber's
equipment, including but not limited to:
(1)Â
Picture-in-picture capability.
(2)Â
Ability to watch and record different channels simultaneously.
(3)Â
Ability to record sequentially on different channels.
(4)Â
Ability to use a remote control device provided by
the TV or VCR manufacturer.
(5)Â
Converter shall have universal remote capability.
E.Â
In fulfillment of its obligation to evaluate state-of-the-art
technology, and to maintain a high degree of product availability,
RCN agrees that when movies-on-demand and/or video-on-demand become
commercially available in New Jersey and there is sufficient demand
in the Township to make provision of movies-on-demand and/or video-on-demand
economically feasible in Franklin Township, RCN shall consider making
the necessary modifications and enhancements to its system, including
installation of the necessary electronics and hardware, to enable
the company to make movies-on-demand and/or video-on-demand available
to its subscribers. Such modifications and enhancements may include,
but not be limited to, relocation of optic receivers and other electronic
equipment, and increasing the number of node sites in the system,
within RCN's sound business and technical judgment.
A.Â
The company shall rebuild the cable system as specified
in the application. The distribution system shall be rebuilt with
both fiber optic and coaxial cable using and is anticipated to employ
what is customarily known in the cable industry as "fiber to the service
area" architecture. The fiber to the service area architecture consists
of fiber optic cable from the system head end to a node in the service
area. Upon completion of the rebuild, the planned capacity shall be
no less than 750 MHZ of band width. Each strand of active fiber in
the forward direction shall be designed to carry the entire 750 MHZ
of band width.
B.Â
The rebuilt system shall be capable of providing two-way
interactive services to residential and commercial subscribers. Such
services may include video-on-demand and high-speed data transfer.
Upon completion of the upgrade, the system may include all necessary
distribution electronic equipment required to make two-way operations
available to the home. At the time that interactive services are offered
by RCN, converters will be made available to subscribers at a reasonable
cost to enable them to use such two-way technology.
C.Â
The company shall specify the list of equipment that
will be utilized for the system rebuild as indicated in its application.
The company agrees to design the cable television system in Franklin
Township so that it will meet the design specifications contained
in the application.
D.Â
The rebuilt system shall have status monitoring on
the fiber trunk from the head end up to the various nodes. Status
monitoring will be activated in phases.
A.Â
The company shall complete and fully activate the
system rebuild as described in the application in this ordinance within
36 months of the effective date of the certificate of approval issued
by the Board of Public Utilities.
B.Â
Upon its application to the Board for a renewal certificate
of approval, the company shall provide a construction plan and construction
timetable, target dates for completion of each phase of construction.
C.Â
The company shall provide the Township with written
reports on the progress of the rebuild construction on at least a
quarterly basis.
[Amended 7-13-2004 by Ord. No. 3476]
A.Â
The company shall make available two access channels
for use by the municipality, as set forth hereinafter.
B.Â
The first access channel will continue to be the existing
educational access channel and will have two-way capability. Channel
allocation may change but it will be on the lowest tier.
C.Â
The second access channel will be a new channel for
the municipality known as the governmental access channel, which will
also have two-way capability. Channel allocation may change but it
will also be on the lowest tier.
D.Â
Patriot will make available capacity on its access
channels to provide for the airing of 10 hours per week of original
access programming.
E.Â
The company will fund the provision of equipment to
be utilized by the Township for remote and studio productions, editing
and transmission.
(1)Â
In providing such equipment, Patriot is obligated
to expend no more than $53,000.
(2)Â
Patriot shall provide such equipment within 60 days
of receipt of the Township's written request for same. Said written
request may be issued no sooner than date on which the certificate
of approval is issued by the New Jersey Board of Public Utilities.
A.Â
RCN will encourage access channel usage by providing
and publicizing reasonable production training courses free of charge
to access users in Franklin Township including:
B.Â
Upon reasonable request, RCN shall conduct a training
course once per quarter for access channel users at times scheduled
and advertised in advance. The access training programs will be geared
to a variety of skill levels. RCN will provide the instructors for
these courses. Equipment for public access courses will be provided
by RCN.
C.Â
As a means of improving its public outreach and training
endeavors, RCN will utilize various media to conduct an ongoing public
awareness campaign to promote the public access training, equipment
and programming available in Franklin Township.
D.Â
RCN shall provide sufficient personnel whose responsibilities
will include the provision of adequate assistance and services to
public access users, including but not limited to the following:
(1)Â
Provide technical assistance and training to access
users.
(2)Â
Check out equipment to be used by access users.
(3)Â
Supervise studio productions if requested.
(4)Â
Assist users in editing programs.
(5)Â
Assist access users in program planning.
(6)Â
Cable casting programs.
(7)Â
Maintaining equipment.
E.Â
If requested by Franklin's Superintendent of Schools,
RCN will semiannually conduct special production training programs
for high school students and teachers at RCN's expense. The program
will be in the nature of an internship program. Students will be trained
to produce community-based programs.
RCN, at its own expense, will provide reasonable
coverage of important Franklin events and produce programs on same,
to be aired on RCN's local origination programming channel. RCN agrees
to produce a maximum of 12 programs per year. The Township agrees
to use its best efforts to assist RCN in selecting appropriate events
for coverage. Such events will be scheduled upon reasonable advance
notice to RCN and considering program availability. Such programs
will be aired in morning, afternoon and evening time slots. RCN agrees
to use its reasonable efforts to replay its coverage of all such events
within one week of the event's original air date.
A.Â
To the extent RCN offers advanced information or interactive
services, including Internet access, such services shall be available
to all Franklin customers. In the event RCN offers new services in
the future that are appropriate for offers new services in the future
that are appropriate for educational use, RCN will offer a "basic"
or base level of such services to each school and the municipal complex
at no charge.
B.Â
A fiber backboned broad-band fiber optic connection capable of supporting a wide area network (WAN) to support video, data and multimedia applications for education and municipal administration shall be provided which may be connected to equipment provided and maintained by the Township, or its designee. This WAN shall be completed upon completion of the system rebuild discussed in § A402-12 above. This requirement is intended to include locations designated in advance by the Township and may be for the Franklin school system, the municipal complex, public works, police, fire companies and rescue squad.
A.Â
The company shall comply with all federal and state
regulations pertaining to customer service, including but not limited
to those pertaining to office hours and telephone availability, installations,
outages, service interruptions, service calls, billing, billing disputes,
service related complaints, notices of changes in rates, programming
and channel positions.
B.Â
RCN agrees to adhere to standards that are consistent
in all material respects with voluntary customer service standards
promulgated by the New Jersey Cable Television Association and published
by the Association on or about August 26, 1993. RCN's commitment to
these standards shall include the following:
(1)Â
Answer any customer telephone calls promptly and courteously
24 hours a day.
(2)Â
Provide four-hour time periods for scheduling service
and installation appointments.
(3)Â
Rebate $20 for any service or installation appointment
that was missed.
(4)Â
Track subscribers service experiences and make that
information publicly available.
C.Â
As a supplement to and clarification of and not a limitation of Subsections A and B above, RCN agrees to the following:
(1)Â
During the term of its franchise and any renewal thereof,
RCN shall maintain a local business office, which will allow its residents
to drop off or pick up boxes, switches and like items of equipment,
along with payment and questioning of their bills. Such office shall
be open from 8:00 a.m. to 5:00 p.m., Monday through Friday, from 9:00
a.m. to 12:00 noon on Saturday. If warranted by reasonable customer
demand, RCN shall consider expanding its office hours to include one
evening per week. Additionally, its customer service center shall
be open from 8:00 a.m. to 8:00 p.m., Monday through Friday, and 9:00
a.m. to 1:00 p.m. on Saturday. The business office shall be able to
provide, if needed by a Township resident, a telecommunications device
for the deaf (TDD) or shall be compatible with the state-wide telecommunications
relay service. The local business office shall maintain a local or
toll-free telephone number and will also be equipped to receive all
complaints regarding the quality of service, billing, equipment malfunctions,
installations and similar matters. RCN shall maintain adequate staff
and telephone equipment to keep telephone call response time (time
customer is on hold) to an absolute minimum.
(2)Â
During the course of the franchise, RCN agrees to
periodically mail to Township subscribers a cable television related
survey matters of mutual concern to the Township and RCN. The survey
shall be reasonably developed so it may be mailed by RCN to subscribers
with RCN's monthly bills and to accommodate RCN's billing system and
other reasonable requirements. At RCN's request, the Township agrees
to provide RCN with copies of all responses. RCN agrees to mail the
survey as reasonably required by the Township, but in no event shall
RCN be required to mail the survey more than once every three years.
The survey may only be used for purposes reasonably related to matters
within the Township's jurisdiction over RCN and shall not be used
for political purposes or for the private gain of any person, party
or organization.
(3)Â
The OCTV is hereby designated as the complaint officer
for the municipality, pursuant to N.J.S.A. 48:5A-26. All complaints
shall be received and processed in accordance with N.J.A.C. 14:17-6.5.
(4)Â
RCN shall make every effort to repair service outages
within 24 hours of their being reported and, if such repair is not
made, RCN shall credit subscribers for service outages in accordance
with the requirements of the New Jersey OCTV as established in the
New Jersey Administrative Code N.J.A.C. 14:18-3.5.
(5)Â
RCN shall provide notice to subscribers and Township
officials of change in rates as provided by 47 CFR, Section 76.964
and N.J.A.C. 14:18-3.6 and as those regulations may be amended.
(6)Â
RCN shall make every effort to exceed the minimum
service agreement requirements provided by state law and fee regulations
and nothing herein contained shall be construed as condoning any services
which fall below such minimum standards.
(7)Â
RCN shall give due consideration to programming preferences
expressed by customers.
(8)Â
RCN will endeavor at all times to keep rates reasonably
comparable to other area systems on a cost per channel basis.
(9)Â
RCN shall provide within its cable guide each month
in which it causes any such guide to be published, by means of its
television bulletin boards (or on another channel that uses them for
announcement) any commercials at reasonable intervals, press releases
at reasonable intervals for delivery to local newspapers distributed
in the Township, or by other means which are reasonable in quantity
and quality, information informing subscribers and potential subscribers
of the procedures and telephone numbers for deletion of services,
addressing billing problems and for reporting comments or complaints
and for also advising subscribers of their legal rights with respect
to service outages.
(10)Â
With respect to service related complaints,
when such complaints are made in writing, RCN shall maintain such
records concerning its plant and operations as required by N.J.A.C.
14:18-6.2, or as said rules may be amended.
(11)Â
The company shall provide written notice to
its subscribers on a quarterly basis of the procedure by which a subscriber
may obtain credits for outages and interruptions of service, as required
by N.J.A.C. 14:18-3.18(b), or as said rules may be amended.
(12)Â
RCN will perform repair service, installations,
disconnections and relocations not only on weekdays, but as well on
evenings and weekends as may be reasonably provided as well with a
24 hours response time. The company will use its reasonable efforts
to provide customers with "appointment window alternatives" for all
service calls, including repair, installation, disconnection and relocation
activities, which appointment windows will be, at maximum, a four-hour
time block. If RCN fails to keep a scheduled appointment, the company
will offer the customer priority in rescheduling the appointment.
(13)Â
The company shall be available to work on outages
and service interruptions 24 hours a day.
RCN has agreed to implement a senior citizen
discount on the monthly basic service rate to any person 62 years
of age. Such discounts shall be subject to the eligibility requirements
set forth in N.J.S.A. 48:5A-11.2. The company has agreed to apply
the same discount rate to the disabled who meet the eligibility requirements
of the pharmaceutical assistance to aged and disabled (PAAD) pursuant
to N.J.S.A. 30:4D-21.
A.Â
The company agrees to provide standard installation,
a converter box and its entry level cable service, standard cable
service and an a-la-carte package free of charge for the following
number of outlets at each of the following institutions:
(1)Â
Each public and private elementary, secondary and
post-secondary schools within the Township: one outlet, which may
be capable of supporting data and Internet access if such services
are offered by the company, at all points of installation.
(2)Â
The main branch and any other branches which may develop
to the Franklin Township Library: one outlet which may be capable
of supporting data and Internet access if such services are offered
by the company.
(3)Â
The Township municipal complex and any other municipal
building or governmental building designated by the Township: one
outlet which may be capable of supporting data and Internet access
if such services are offered by the company.
(4)Â
Each fire station, police station and substation within
the Township: one outlet which may be capable of supporting data if
such services are offered by the company.
(5)Â
Each rescue squad location within the Township: one
outlet which may be capable of supporting data if such services are
offered by the company.
B.Â
The company agrees to install additional outlets and
provide addressable converter boxes at each of these building upon
request for a fee based only upon the actual cost of materials plus
labor and the company agrees to provide its entry level service, standard
cable service and a-la-carte service free of charge to these additional
outlets.
A.Â
RCN's nonstandard installation, or drop-line, policy
shall be as set forth in RCN's tariff and in accordance with the requirements
of the OCTV.
B.Â
RCN shall set out the cost per linear foot to the
consumer depending upon whether the drop-line will be installed below
ground or aboveground. The policy will also set forth each and every
type of equipment that is necessary for the drop-line and what the
cost is for same, as well as the cost for labor.
C.Â
With respect to Subsection B, RCN shall develop, in its drop-line policy, a menu of methods by which cable service can be provided and a breakdown of the cost thereof so that the consumer shall have the option to choose which of such methods best suit his needs and economies. However, in accordance with the requirements of N.J.S.A. 40A:5A-39(a), such rates shall be uniform (one rate for overhead and one rate for underground) so that the rates are not preferential, arbitrary or discriminatory.
The Township acknowledges that New Jersey municipalities
do not have the authority to regulate the rates the company charges
subscribers for its service. However, 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 Township reserves
the right to exercise the maximum power permitted by law.
A.Â
In the event RCN or its agents shall disturb any pavement,
street, surfaces, sidewalks, driveways or other surfaces in the natural
topography, RCN shall, at its sole expense, restore and replace such
places or things so disturbed in as good condition as existed prior
to commencement of said work.
B.Â
In the event that, at any time during the term of
this ordinance, the Township shall lawfully elect to alter or change
the grade of any street, alley or other public way, RCN, upon reasonable
notice by the Township, shall remove, relay and relocate its poles,
wires, cables, underground conduits, manholes and other fixtures at
RCN's own expense.
C.Â
RCN shall have the authority to trim trees and overhanging
branches upon streets, highways, alleys, sidewalks and public places
within the Township so as to prevent the branches of such trees from
coming into contact with the wires and cables of the company.
A.Â
Although nothing herein shall require the company
to carry or transmit any particular programming source, the company
shall provide subscribers in the Township with the same mix and, at
a minimum, the same level of video programming as is now provided
to Franklin subscribers and which appears in the company's application.
The company shall provide Franklin subscribers with at least the same
broad categories of programming, in approximately the same quantity
as are now provided and appear in the company's application.
B.Â
The company will comply with federal and state law
before deleting entirely any broad category of video programming or
making any change in the broad categories of programming or mix, level,
or quality of programming services required by the franchise.
C.Â
The company will advise the Township as required by
the rules of the OCTV before deleting entirely any broad category
of video programming. It will make a reasonable attempt to satisfy
the Township's preferences with regard to such issue.
RCN shall be required to have the capability
to override at the head end the audio portion of the system in order
to permit the broadcasting of emergency messages by municipal officials,
the Police Department or the designee of the governing body, as required
by the FCC and consistent with the system established by the State
of New Jersey.
A.Â
During the period of the system rebuild as outlined
in this Municipal Consent Ordinance, the company shall give a surety
bond to the Township which shall be in the amount of $100,000. Such
bond shall be to insure completion of the system rebuild as delineated
in this ordinance. The performance bond shall be reduced to $25,000
upon completion of the rebuild, subject to certification by the Township
and with the final approval of the OCTV.
B.Â
The bond required herein shall require 30 days' written
notice to the Township prior to any cancellation, nonrenewal or alteration
of the bond.
RCN 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 damage
or other liability arising out of its construction and operation of
the cable television system and an excess liability (umbrella) policy
in the amount of $3,000,000. The Township shall be named an additional
insured under said policy.
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 provided
same do not conflict with state or federal law.
Notwithstanding any specific mention of applicable
federal or state statutes or regulations above, the company shall
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, regulations, rule or promulgation, specifically
including, but without limitation, those relating to equal employment
opportunity.
If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held invalid,
preempted, or unconstitutional by any court of federal or state agency
of competent jurisdiction, such portion shall be deemed as separate,
distinct and independent provision and such holding shall not effect
the validity of the remaining portions hereof.
This ordinance shall take effect as of the date
upon final passage in accordance with law.
[Adopted 9-29-2015 by Ord. No. 4118-15]
The Township hereby grants to Comcast of Central New Jersey
II, LLC renewal of its nonexclusive municipal consent to place in,
construct, erect, operate, modify and maintain in, upon, along, across,
above, over and under the highways, streets, alleys, sidewalks, easements,
public ways and public places of the Township, 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 Township of a cable television and
cable communications system for the purposes authorized by the Act.
For the purpose of this Ordinance, 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 ("FCC") rules and regulations,
47 CFR 76.1 et seq., and the Cable Communications Policy Act, 47 U.S.C.
§ 521 et seq., as amended, and the Cable Television Act,
N.J.S.A. 48:5A-1 et seq., and the rules and regulations of the Board,
N.J.A.C. 14-18-1.1 et seq., shall in no way be construed to broaden,
alter or conflict with the federal and state definitions:
Chapter 186 of the General Laws of New Jersey, and subsequent
amendments thereto, N.J.S.A. 48:5A-1 et seq.
The Company's March 11, 2014, Application for Renewal
of municipal consent which is incorporated within this Ordinance by
reference.
The Board of Public Utilities, State of New Jersey.
The grantee of rights under this Ordinance and is Comcast
of Central New Jersey II, LLC.
The Federal Communications Commission.
The Office of Cable Television of the Board.
Consists of the area of the Township currently served with
existing plant as set forth in the map annexed to the Company's
Application for municipal consent.
The Township of Franklin, County of Somerset, State of New
Jersey.
A public hearing was conducted by the Township Council on June
24, 2014, concerning the renewal of municipal consent herein granted
to the Company. The public hearing was held after proper public notice
pursuant to the terms and conditions of the Act and the regulations
of the Board adopted pursuant thereto. The public hearing, having
been fully open to the public, and the Township, having received at
said public hearings all comments regarding the qualifications of
the Company to receive this renewal of municipal consent, the Township
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.
A.Â
The nonexclusive municipal consent granted herein shall expire 15
years from the date of expiration of the previous certificate of approval
issued by the Board with a ten-year automatic renewal as provided
by N.J.S.A. 48:5A-19 and 48:5A-25, and N.J.A.C. 14:18-13.6.
B.Â
In the event that the municipality shall find that the Company has
not substantially complied with the material terms and conditions
of this Ordinance, the municipality shall have the right to petition
the OCTV, pursuant to N.J.S.A. 48:5A-47, for appropriate action, including
modification and/or termination of the certificate of approval; provided,
however, that the municipality shall first have given the Company
written notice of all alleged instances of noncompliance and an opportunity
to cure same within 90 days of that notification. Notwithstanding
the foregoing, in the event that an occurrence of noncompliance presents
an immediate danger to public health, safety or welfare of the municipality
or its inhabitants, the Company shall take immediate steps to abate
the danger upon notice, while taking steps to cure an event of noncompliance
within 90 days of written notification by the municipality.
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 Township 2% of the gross revenues from all recurring charges
in the nature of subscription fees paid by subscribers for cable television
reception service in the Township or any higher amount permitted by
the Act or otherwise allowable by law, whichever is greater.
The consent granted under this Ordinance for the renewal of
the franchise shall apply to the entirety of the Township and any
property subsequently annexed by the Township.
The Company shall be required to provide 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 the following exception: The minimum homes per mile (HPM) figure
shall be 25 homes per linear mile from the operator's existing
plant.
A.Â
Restoration: In the event that the Company or its agents shall disturb
any pavement, street surfaces, sidewalks, driveways, or other surface
in the natural topography, the Company shall, at its sole expense,
restore and replace such places or things so disturbed in as good
a condition as existed prior to the commencement of said work.
B.Â
Relocation: If at any time during the period of this consent, the
Township 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, re-lay or relocate its equipment, at the expense of
the Company.
C.Â
Temporary removal of cables: The Company shall temporarily move or
remove appropriate parts of its facilities to allow for the moving
of buildings and machinery, or in other similar circumstances. The
expense shall be borne by the party requesting such action, except
when requested by the Township, in which case the Company shall bear
the cost of the temporary removal.
D.Â
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 or other
public places of the Township so as to prevent the branches of such
trees from coming in contact with the wires and cable of the Company.
Such trimming shall be only to the extent necessary to maintain proper
clearance of the Company's wire and cables.
In providing services to its customers, the Company shall comply
with N.J.A.C. 14:18-1 et seq. and all applicable state and federal
statutes and regulations. The Company shall strive to meet or exceed
all voluntary company and industry standards in the delivery of customer
service and shall be prepared to report on it to the Township upon
written request of the Township Administrator or Clerk.
A.Â
The Company shall continue to comply fully with all applicable state
and federal statutes and regulations regarding credit for outages,
the reporting of same to regulatory agencies and notification of same
to customers.
B.Â
The Company shall continue to fully comply with all applicable state
and federal statutes and regulations regarding the availability of
devices for the hearing impaired and the notification of same to customers.
C.Â
The Company shall use every reasonable effort to meet or exceed voluntary
standards for telephone accessibility developed by the National Cable
Television Association ("NCTA").
D.Â
Nothing herein shall impair the right of any subscriber or the Township
to express any comment with respect to telephone accessibility to
the complaint officer, or impair the right of the complaint officer
to take any action that is permitted under law.
The Office of Cable Television is hereby designated as the complaint
officer for the Township pursuant to N.J.S.A. 48:5A-26(b). All complaints
shall be received and processed in accordance with N.J.A.C. 14:17-6.5.
The Township shall have the right to request copies of records and
reports pertaining to complaints by Township customers from the OCTV.
During the term of this franchise, and any renewal thereof,
the Company shall maintain a local business office within reasonable
proximity of its service area in accordance with N.J.A.C. 14:18-5.1
where applications for service, complaints, service inquiries, bill
payments, and so forth will be received. Such a business office shall
have a publicly listed toll-free telephone number and be open during
normal business hours and such other times as the Company deems advisable
to meet with customers and prospective customers.
During the life of the franchise the Company shall give a bond
to the Township 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 which is incorporated herein.
The rates of the Company shall be subject to regulation as permitted
by federal and state law. Nothing within this franchise renewal shall
prevent the Company from offering reduced or discounted rates for
senior citizens, disabled citizens, or other economically disadvantaged
citizens in accordance with N.J.S.A. 48:5A-11.1 and 48:5A-11.2, or
any other applicable federal or state law. Any reduced or discounted
rates offered by the Company shall be in compliance with the regulations
of the Board.
A.Â
The Company shall provide Expanded Basic or a similar tier of cable
television service to one outlet at no cost to each qualified existing
and future school in the Township, including public and private, elementary,
intermediate and secondary schools, provided the school building is
within 200 feet aerially or 125 feet underground of active cable distribution
plant. Each additional outlet installed, if any, shall be paid for
on a materials-plus-labor basis by the school requesting service.
B.Â
The Company shall provide Expanded Basic or a similar tier of cable
television service at no cost to one outlet to each qualified existing
and future public building including the municipal building, police,
fire, rescue squad, emergency management facility, public library
and library branch, and any other municipal or governmental building
designated by the Township, provided the facility is located within
200 feet aerially or 125 feet underground of active cable distribution
plant. Each additional outlet installed, if any, shall be paid for
on a materials-plus-labor basis by the Township.
C.Â
Within six months of the issuance of a renewal certificate of approval
by the BPU, the Company shall provide to the Township a one-time technology
grant in the amount of $125,000 to meet the technology and/or cable-related
needs of the community.
D.Â
The Communications Act of 1934, as amended [47 U.S.C. § 543
(b)], allows the Company to itemize and/or identify: 1) the amount
on the subscriber bill assessed as a franchise fee and the identity
of the governmental authority to which the fee is paid; 2) the amount
on the bill assessed to satisfy any requirements imposed on the Company
by the cable franchise to support public, education, and/or governmental
access channels or the use of such channels; and 3) any grants or
other fees on the bill or any tax, assessment, or charge of any kind
imposed by any governmental authority on the transaction between the
operator and the subscriber. The Company reserves its external cost,
pass-through rights to the full extent permitted by law.
E.Â
Company representative shall appear at least once annually, upon
written request of the Township Council.
A.Â
The Company will continue to provide two channels, one for educational and one for governmental ("EG") access for the use by Township on the most basic tier of service offered by the Company in accordance with the Cable Act, Section 611 (47 U.S.C. 531) and as further set forth within this § A402-15.
B.Â
The Company does not relinquish its ownership of or ultimate right
of control over a channel by designating it for EG use. An EG access
user - whether an educational or government user - acquires no property
or other interest by virtue of the use of a channel so designated,
and may not rely on the continued use of a particular channel number,
no matter how long the same channel may have been designated for such
use.
C.Â
The Company shall not exercise editorial control over the use of
any educational or governmental channel capacity, except Company may
refuse to transmit any educational or governmental access program
or portion of an educational or governmental access program that contains
obscenity, indecency, or nudity.
D.Â
Educational access. "Educational access" shall mean noncommercial
use by educational institutions such as public or private schools,
but not "home schools," community colleges and/or universities.
E.Â
Government access. "Government access" shall mean noncommercial use
by the Township for the purpose of showing the public local government
at work.
F.Â
Fallow time. Because blank or underutilized EG channels are not in
the public interest, in the event the Township or other EG access
users elect not to fully program the EG access channel, Company may
program unused time on those channels subject to reclamation by the
Township upon no less than 60 days' written notice.
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 Township or any other person, during an emergency, if for any
reason the Township is unable to make full use of the cable television
system as contemplated herein.
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.
All of the statements and commitments contained in the Application
or annexed thereto and incorporated therein, 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 provided that same do not conflict with applicable state
or federal law.
Should the Township grant 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 Ordinance upon approval by the Board of the Company's
petition to modify this Ordinance pursuant to N.J.A.C. 14:17-6.7.
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 its validity or unconstitutionality shall not affect
the validity of the remaining portions of the Ordinance.
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 prior agreements or this franchise.
This Ordinance shall take effect immediately upon issuance of
a renewal certificate of approval by the BPU.
