[HISTORY: Adopted by the Mayor and Council of the Borough of Norwood
10-3-2000 by Ord. No. 00:14. Amendments noted where
applicable.]
For the purpose of this ordinance, the terms defined above shall have
the meanings there indicated,[1] 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.
The 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 ordinance.
The Board of Public Utilities of the State of New Jersey or its successor
agency.
The governing body of the Borough of Norwood in the County of Bergen,
and the State of New Jersey.
A facility consisting of antennas, wire, coaxial cable, amplifiers,
towers, microwave links, wave guide, laser beams, optical fibers, optical
transmitters and receivers, satellite receive/transmit antennas and/or other
equipment designed and constructed for the purpose of producing, receiving,
amplifying, storing, processing, or distributing audio, video, digital or
other forms of electronic, electromagnetic, optical or electrical signals.
The grantee of rights under this Ordinance.
The Federal Communications Commission.
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 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 CFR Section 76.3), or as such regulations may be
amended.
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., or as such regulations
may be amended.
[1]
Editor's Note: See the preamble to this ordinance, on file in
the office of the Borough Clerk.
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.
This consent granted herein shall be nonexclusive and shall be for a
term of 10 years.
The consent granted under this ordinance to Cablevision shall apply
to the entirety of the Borough and any property hereafter annexed.
Cablevision shall be required to proffer service along any public right-of-way
to any person's residence located in all franchise territory at tariffed
rates for standard and nonstandard installation.
A.Â
Restoration. In the event that the company or its agents
shall disturb any pavement, street surfaces, sidewalks, driveways or other
surfaces in the natural topography, the company shall, at its sole expense,
restore and replace such places or things so disturbed in as good condition
as existed prior to the commencement of said work.
B.Â
Relocation. If, at any time during the period of this
consent, the municipality shall alter or change the grade of any street, alley
or other way or place, the company, upon reasonable notice by the municipality,
shall remove, re-lay and relocate its equipment at the expense of the company.
The company shall temporarily move or remove appropriate parts of its facilities
to allow moving of buildings, machinery or in other similar circumstances.
The expense shall be borne by the party requesting such action except when
requested by the municipality, in which case the company shall bear the cost.
C.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 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 only be to the extent necessary to maintain proper clearance for the
company's facilities.
The company shall give a bond to the Borough of Norwood, which bond
shall be 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
for municipal consent incorporated herein.
The municipality having reviewed the rates proposed in the application
for cable television reception service makes no determination as to their
reasonableness but approves them as presented subject to review and regulation
by the Board, if permitted by law.
The basic service includes those channels which the company is required
to carry by FCC rules and any channel which the company caries as part of
its entry level service without a separate or additional charge.
The cable operator shall provide access time to noncommercial, public,
governmental and educational entities to the extent such as was promised to
the municipality during the application at Page 13, Section IV, Paragraph
5.
The company shall provide the installation of one outlet and basic monthly
cable reception service to each school and library in the municipality and
to all municipally owned buildings, free of charge. Each additional outlet
installation shall be paid for by the institution on a materials-plus-labor
basis.
The municipality finds that the equipment and/or personnel to be provided
by the company for public, educational or governmental use as provided at
Page 13 Section 4 of the Application for Municipal Consent is reasonable.
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 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 use.
Cablevision shall pay as an annual franchise fee a sum equal to 2% percent
of the actual gross revenues from all recurring charges in the nature of subscription
fees paid by subscribers for its cable television reception services in the
Borough. 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.
The Norwood Borough Clerk is hereby designated as the complaint officer
for the Borough 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 the said office. All complaints shall be reviewed and processed
in accordance with N.J.A.C. 14:17-6.5.
A.Â
Cablevision agrees to maintain and keep in force and
effect at its sole cost and expense 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 claim, suit, judgment, execution or demand
in the minimum amounts of $1,000,000 for bodily injury or death to any person,
and $3,000,000 for bodily injury or death resulting from any one accident
or occurrence. Cablevision also agrees to maintain during the term of this
consent an excess liability or umbrella policy, naming the Borough as an additional
insured, in the minimum amount of $10,000,000.
B.Â
The insurance policy or policies maintained pursuant
to this section shall contain provisions to the effect that the insurer will
not cancel, refuse to renew, or change the insurance without first giving
the Borough prior notice of such intention to cancel, change or not renew.
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 such additional periods as may be necessary to effectively
serve such purpose.
A.Â
In the event that the Borough approves or permits a cable
system to operate in the community on terms more favorable or less burdensome
than those contained in this ordinance, such more favorable or less burdensome
terms shall be applicable in this franchise, subject to approval of a petition
to the Board of Public Utilities as provided for in accordance with N.J.S.A.
48:5A-15 and N.J.A.C. 14:17-6.7.
B.Â
In the event that a nonfranchised multichannel video
programmer provides services to residents of the Borough, Cablevision shall
have a right to request franchise amendments to this ordinance that relieve
Cablevision of regulatory burdens that create a competitive disadvantage to
Cablevision. In requesting amendments, Cablevision shall file with the Board
a petition for approval in accordance with N.J.S.A. 48:5A-15 and N.J.A.C.
14:17-6.7 seeking to amend the ordinance. Such petition shall indicate the
presence of a nonfranchised competitor(s); identify the basis for Cablevision's
belief that certain provisions of this franchise place it at a competitive
disadvantage, and identify the regulatory burdens to the amended or repeated
in order to eliminate the competitive disadvantage. The Borough shall not
unreasonably withhold or object to granting the company's petition and
so amending the franchise ordinance, subject to approval of the petition by
the Board of Public Utilities as provided for in accordance with N.J.S.A.
48:5A-15 and N.J.A.C. 14:17-6.7.
Upon expiration, termination or revocation of this ordinance, Cablevision
at is sole cost and expense and upon direction of the Borough and with the
approval of the Board of Public Utilities, Office of Cable Television, 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 telecommunication
services.
All of the commitments contained in the application and any amendment
thereto, or otherwise submitted in writing by Cablevision to the Borough,
except as modified herein, are binding upon Cablevision as terms and conditions
in this consent. The application and any other writings submitted by Cablevision
are incorporated in this ordinance by reference and made a part hereof, except
as specifically modified, changed, limited, or altered by this ordinance.
If any portion of the application conflicts with state or federal law, the
same will not be effective to the extent of the conflict.
Notwithstanding any specific mention of applicable federal or state
statutes or regulations above, Cablevision shall comply with all of the requirements
of the Federal Act, Federal Regulations, the State Act and State Regulations
(to the extent not preempted) and any other valid statute, regulation, 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 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 consent shall become effective as to the date upon which the Board
issues a certificate of approval, which confirms Cablevision's acceptance
of the provisions of this ordinance.
