[1]
Editor's Note: Prior ordinance history includes portions
of Ordinance No. 1997-05.
[Ord. No. 2008-#08 Preamble]
The Governing Body of the Borough of Ringwood (hereinafter referred
to as the "Borough") determined that Cablevision of Oakland, LLC.,
(hereinafter referred to as "the Company" or "Cablevision") has the
technical competence and general fitness to operate a cable system
in the Borough, and by prior ordinance granted its municipal consent
for Cablevision to obtain a nonexclusive franchise for the placement
of facilities and the establishment of a cable television system in
the Borough.
By application for renewal consent filed with the Borough and
the Office of Cable Television on or about June 28, 2006 Cablevision
has sought a renewal of the franchise.
The Borough having held public hearings has made due inquiry
to review Cablevision's performance under the Franchise, and
to identify the Borough's future cable-related needs and interests
and has concluded that Cablevision has substantially complied with
its obligations under the Franchise and has committed to certain undertakings
responsive to the Borough's future cable-related needs and interests.
The Governing Body of the Borough has accordingly concluded
that the consent should be renewed subject to the requirements set
forth below; and that, provided Cablevision's proposal for renewal
complies with the requirements set forth below, the Borough's
municipal consent to the renewal of the Franchise should be given.
Imposition of the same burdens and costs on other franchised
competitors by the Borough is a basic assumption of the parties.
[Ord. No. 2008-#08 § 1]
For the purpose of this Article the terms defined above shall
have the meanings there indicated, and the following additional terms
shall have the following meanings:
Shall mean 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.
Shall mean Cablevision's application for Renewal of
Municipal Consent, which application is on file in the Borough Clerk's
office and is incorporated herein by reference and made a part hereof,
except as modified, changed, limited or altered by this Article.
Shall mean the Board of Public Utilities of the State of
New Jersey or its successor agency.
Shall mean the Governing Body of the Borough of Ringwood
in the County of Passaic, and the State of New Jersey.
Shall mean Cablevision of Oakland, LLC. ("Cablevision") the
grantee of rights under this Article.
Shall mean the Federal Communications Commission.
Shall mean that Federal statute relating to cable communications
commonly known as the Cable Communications Policy Act of 1984, 47
U.S.C. Section 521 et seq. and the Telecommunications Act of 1996,
or as those statutes may be amended.
Shall mean those Federal regulations relating to cable television
services, 47 C.F.R. Section 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 C.F.R. Section
76.3), or as such regulations may be amended.
Shall mean the installation of drop cable to a customer's
premise 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.
Shall mean the State of New Jersey.
Shall mean 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.
[Ord. No. 2008-#08 § 2]
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 Borough 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.
[Ord. No. 2008-#08 § 2]
The Borough 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 Borough 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.
[Ord. No. 2008-#08 § 4]
This consent granted herein shall be nonexclusive and shall
be for a term of 15 years from the date of issuance of a Certificate
of Approval by the Board.
[Ord. No. 2008-#08 § 5]
If Cablevision seeks a renewal of the consent provided herein,
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 Borough and the
Board relative to the renewal of said consent.
[Ord. No. 2008-#08 § 6]
The consent granted under this Article to Cablevision shall
apply to the entirety of the Borough and any property hereafter annexed.
[Ord. No. 2008-#08 § 7]
Cablevision shall be required to proffer video programming service
along any public right-of-way to any person's residence located
in the franchise territory at tariffed rates for standard and nonstandard
installation.
[Ord. No. 2008-#08 § 8]
Cablevision shall pay to the Borough, an annual franchise fee,
in accordance with N.J.S.A. 48:5A-30.
[Ord. No. 2008-#08 § 9]
Cablevision shall, upon request, provide free of charge, one
standard installation and monthly cable television reception service
to all State or locally accredited public elementary and secondary
schools and all municipal public libraries, as well as municipal buildings
located within the Borough.
Upon written request from the Borough, the Company shall provide
to State and locally accredited elementary and secondary schools and
municipal public libraries in the Borough, without charge, the following:
(1) one standard installation per school or library; (2) one cable
modem per installation; and, (3) basic cable modem service for the
term of this Article for each installation. This offer shall be subject
to the terms, conditions and use policies of the Company, as those
policies may exist from time to time.
Upon written request from the Borough, the Company shall provide
to one municipally owned facility, without charge, the following:
one standard installation; (2) one cable modem per installation; and
(3) basic cable modem service for the term of this Article for each
installation. This offer shall be subject to the terms, conditions
and use policies of the Company as those policies may exist from time
to time.
[Ord. No. 2008-#08 § 10]
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 Borough:
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,
as determined by the Borough's Engineer under the Borough's
generally applicable laws, rules and regulations.
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 Borough 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 Borough, 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 Borough 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.
[Ord. No. 2008-#08 § 11]
Cablevision shall comply with the technical and customer service
standards established for the cable industry under applicable Federal
and State laws, rules and regulations.
[Ord. No. 2008-#08 § 12]
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.
[Ord. No. 2008-#08 § 13]
The Office of Cable Television is hereby designated as the complaint
officer for the Borough 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.
[Ord. No. 2008-#08 § 14]
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.
[Ord. No. 2008-#08 § 15]
Cablevision shall obtain and maintain, at its sole cost and
expense, during the entire term of this Article, a bond in form acceptable
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.
[Ord. No. 2008-#08 § 16]
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; and,
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 Aged and Disabled (PAAD) program
in the State pursuant to N.J.S.A. 30:4D-21; and
3.
The senior citizen discount herein relates only to the broadcast
basic level of cable television service, and shall not apply to any
subscribers receiving service under a bulk arrangement, or to any
additional service, feature, or equipment offered by the Company,
including 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.
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In the event that Cablevision shall be required to increase
the franchise fee in accordance with N.J.S.A. 48-5A-30(d), then at
such time as the new fee is instituted, Cablevision shall no longer
be obligated to maintain or offer the senior discount specified in
Section 22-52b above.
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[Ord. No. 2008-#08 § 17]
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 Borough pursuant to State and Federal
requirements. 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 municipality is unable to make full use of the
cable television system as contemplated herein. The Borough shall
utilize the state-approved procedures for such emergency uses.
[Ord. No. 2008-#08 § 18]
In the event that the service of another multi-channel video
program provider not subject to the Borough's regulatory authority
within the Borough creates a significant competitive disadvantage
to Cablevision, the Company shall have the right to request from the
Borough lawful amendments to its franchise that relieve it of the
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 Borough 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.
If the parties are unable to reach an agreement on appropriate
amendments to the franchise, the Borough 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 Borough shall be under no obligation to support Cablevision's
request for such relief from the Board.
In any subsequent municipal consent, the Borough shall require,
at a minimum, the same terms and conditions of any other provider
of multi-channel video programming subject to the Borough'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, Borough 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.
In the event that another multi-channel video provider obtains
the right to provide video service within the Borough through a statewide,
system-wide, regional or other nonmunicipally governed franchising
process, and to the extent that such other provider's franchise
does not contain a grant either equal to or greater than the amount
of the grant provided by Cablevision in Section 22-56c of this Article,
the Borough agrees to relieve the Company of its obligations to provide
the annual grant beginning from the date that the other multi-channel
video provider obtains the right to provide service and continuing
through the expiration of the initial term of this Article.
[Ord. No. 2008-#08 § 19]
Upon expiration, termination or revocation of this Article,
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.
[Ord. No. 2008-#08 § 20]
a.
Cablevision shall continue to make available noncommercial public,
educational and governmental (PEG) access as described in the application
for municipal consent.
b.
The Borough 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 Borough 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 Borough's provision of PEG access programming
on such channel.
c.
In consideration for the rights granted in this Article, the Company
shall provide the Borough with a grant in the amount of $32,500. Cablevision
shall provide an initial grant payment of $12,900 within the first
year of the new franchise agreement. The remaining grant of $19,600
shall be provided in annual installments of $1,400, upon written request
by the Borough (the "Annual Grant). The Annual Grant may be used by
the Borough for any cable and/or other telecommunications related
purpose as the Borough, in its discretion, may deem appropriate. Cablevision
shall not be obligated to make any additional payments beyond year
15 of the franchise. The Annual Grant shall be payable to the Borough
within 60 days from receipt of the Borough's written request.
Notwithstanding the foregoing, should Cablevision apply for a system-wide
certification or otherwise convert its municipal consent to a system-wide
certification in accordance with applicable law, it shall be relieved
of any payments due and owing after the date of such conversion or
award of a system-wide franchise.
[Ord. No. 2008-#08 § 21]
All of the commitments contained in the application and any
amendment thereto submitted in writing to the Borough 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 Article by reference and made a part
hereof, except as specifically modified, changed, limited, or altered
by this Article, or to the extent that they conflict with State or
Federal law.
[Ord. No. 2008-#08 § 22]
This consent shall be construed in a manner consistent with
all applicable Federal, State and local laws.
[Ord. No. 2008-#08 § 23]
If any section, subsection, sentence, clause, phrase, or portion
of this Article 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.
[Ord. No. 2008-#08 § 24]
This Article shall take effect upon issuance of a Certificate
of Approval as issued by the Board of Public Utilities.
[Ord. No. 2005-#20 Preamble]
It is in the public interest to ensure that cable systems and
other multichannel video systems do not discriminate in whom they
serve based on race, ethnic status, income, area in which they live
or other inappropriate basis, such as by not serving certain areas
of the Borough, or failing on a timely basis to build their system
to serve certain areas.
Such systems use the streets and highways, which are public
property, for the lines through which they provide service. Public
property may not be used in a discriminatory manner.
In order to meet community needs, such systems need to be constructed
with lines in appropriate places both to obtain public, educational
and government access channels and to provide service to schools and
government buildings.
Requiring providers to obtain a franchise through negotiations,
if needed, prior to constructing such systems, while requiring the
Borough to act expeditiously on any franchise request, allows the
Borough to ensure that the preceding objectives and others which are
in the public interest are met, while allowing the prompt provision
of service.
[Ord. No. 2005-#20]
a.
No person may construct a multichannel video system in the Borough
to provide multichannel video service in the Borough without first
obtaining from the Borough a franchise authorizing the construction
of such a system.
b.
No multichannel video provider may provide multichannel video service
to any person in the Borough unless a franchise from the Borough authorizing
same is in full force and effect at all times while such service is
being provided.
c.
The Borough shall act expeditiously on any request for a franchise
so as to allow the prompt provision of service while ensuring that
the public interest is met and that residents are not discriminated
against based on race, ethnic status, income, area in which they live
or other inappropriate basis.
[Ord. No. 2005-#20]
Shall mean and include:
The installation of lines, fiber optics or facilities that are
in or cross any of the streets, highways or public rights-of-way within
the Borough for use as part of a multichannel video system, or
The connection of other facilities directly or indirectly to
previously existing lines, fiber optics or facilities that are in
or cross any of the streets, highways or public rights-of-way within
the Borough for use as part of a multichannel video system.
Shall mean a person who meets one or more of the following
tests:
The person is a "cable operator," as such term is defined in
Title VI of the Federal Communications Act of 1934, 47 U.S.C. Sections
521 and following, or is otherwise required to obtain a "franchise"
as such term is defined in such Act.
The person is an "open video system operator," as such term
is defined in Title VI of the Federal Communications Act of 1934 and
implementing regulations.
The person provides multichannel video service, where such service
is transmitted in whole or in part via wires or lines that are in
or cross any of the streets, highways or public rights-of-way within
the Borough. The preceding sentence shall apply whether the provider
owns, leases or otherwise obtains the right to use such wires or lines
including wires or lines of a telecommunications provider used pursuant
to tariff or otherwise for such purpose.
The person provides multichannel video service and is otherwise
required to obtain a franchise or similar approval under the Borough
charter law or Federal law.
Shall mean multiple channels of video programming where some
or all of the video programming is generally considered comparable
to programming provided by a television broadcast station, regardless
of the technology used to provide it. Multichannel cable video service
specifically includes, but is not limited to, "cable service" as such
term is defined in Title VI of the Federal Communications Act of 1934.
Shall mean and includes all of the following:
A "cable system," as such term is defined in Title VI of the
Federal Communications Act of 1934,
An "open video system," as such term is defined in Title VI
of the Federal Communications Act of 1934 and implementing regulations,
A system which provides multichannel video service, where such
service is transmitted in whole or in part via wires or lines that
are in or cross any streets, highways or public rights-of-way within
the Borough. The preceding sentence shall apply whether the provider
owns, leases or otherwise obtains the right to use such wires or lines,
including wires or lines of a telecommunications provider used pursuant
to tariff or otherwise for such purpose, and
Any other system providing multichannel video service within
the Borough where under applicable law a franchise or similar permission
or approval from the Borough is required.
Shall mean individuals, corporations, partnerships, limited
liability corporations, limited liability partnerships and any other
form of legal entity.
