[HISTORY: Adopted by the Mayor and Council of the Borough of Cresskill 11-6-1991 by Ord. No. 91-14-1058. Amendments noted where applicable.]
Municipal approval and consent is hereby granted to Cablevision of New Jersey, Inc. (Cablevision), for the establishment, construction and operation of a cable television system in the Borough of Cresskill, Bergen County, New Jersey, in accordance with its application submitted to the Borough Clerk on February 20, 1991.
Cablevision shall serve the entire Borough of Cresskill and all of its residents who desire to contract for its services.
This consent is granted for a term of 10 years.
The Office of Cable Television is hereby designated as the complaint officer pursuant to the provisions of N.J.S.A. 48:5A-26, and any complaints by local subscribers to cable television reception or service shall be filed directly with said office. All complaints shall be reviewed and processed in accordance with N.J.A.C. 14:17-7.1.
Cablevision shall establish and maintain, during the entire term of this consent, a local business office for the purpose of receiving, investigating and resolving all complaints regarding the quality of service, equipment malfunctions and similar matters. Said office shall be open daily during normal business hours and such additional periods as may be necessary to effectively serve such purpose.
Said office shall have a sufficient number of people so that all telephone inquiries shall be answered within a reasonable time and so that the average time on hold shall be no more than two minutes, except that Cablevision shall not be required to adhere to these time requirements during periods where extraordinary operating conditions exist.
Cablevision shall provide free cable service to the Edward H. Bryan School, the Merritt Memorial School, the Cresskill Junior-Senior High School and St. Therese's Grammar School, as well as the Cresskill Volunteer Fire Department and the Cresskill First Aid Squad at their respective places of business.
Cablevision shall pay as an annual franchise fee a sum equal to 2% of the gross revenues from all recurring charges in the nature of subscription fees paid by subscribers for its cable television reception service in the Borough of Cresskill. Cablevision shall annually file the reports as required by N.J.S.A. 48:5A-30 and regulations as promulgated from time to time by the Office of Cable Television.
Cablevision 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 the municipal governing body.
Cablevision shall comply with all statutory requirements as set forth in N.J.S.A. 48:5A-1 et seq. and all rules and regulations as promulgated by the Director of the Office of Cable Television from time to time.
Cablevision's application for municipal consent to operate a cable television system in the Borough of Cresskill is hereby incorporated in and made a part of this ordinance by reference and shall be binding upon Cablevision.
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.
This ordinance shall take effect immediately after passage and publication according to law and upon written acceptance by Cablevision.