[HISTORY: Adopted by the City Council of the City of Trenton 9-7-1967
as Ch. XXII of the Revised General Ordinances. Amendments noted where applicable.]
For the purpose of this chapter, the following terms, phrases, words
and their derivations, shall have the meaning given herein. Such meaning or
definition of terms shall be supplemental to those definitions of the Federal
Communications Commission, FCC Rules and Regulations, 76.5, 47 CFR 420 (March
1972), as amended, and the Cable Television Act, N.J.S.A. 48:5A-1 et seq.,
and in no way shall be construed to broaden, narrow, alter or conflict with
the federal or state definitions.
N.J.S.A. 48:5A-1 et seq.
The Board of Public Utilities Commission, Department of Energy.
The grantee of rights under this chapter and is known as "Cable One,
Inc."
The Office of Cable Television within the Department of Energy.
The City hereby grants to 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 City poles, wires, cables,
underground conduits, manholes and other television conductors and fixtures
necessary for the maintenance and operation in the City of a cable television
system and cable communications system.
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, such hearing, having been held as above stated, and such hearing
having been fully open to the public, and the City having received at such
hearing all comments regarding the qualifications of the company to receive
this franchise, the City 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.
Duration of franchise; expiration and renewal.
(1)
Term. The consent herein granted in § A317-1 shall expire 15 years from the effective date of this chapter.
(2)
Renewal. The consent herein granted shall be subject
to renewal for a period of 10 years only after review of the performance of
the company and the adequacy of the terms of the consent herein granted in
a full public proceeding.
(3)
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 time that a
decision is made by the City Council relative to the renewal of such contract.
Such petition shall be filed at least 60 days prior to the expiration of the
consent granted herein.
B.
Franchise fee. Pursuant to the terms and conditions of
the Act, the company, during each year of operations under the consent granted
herein, shall pay to the City 2 1/2% of the gross revenues from all recurring
charges received by the company from subscribers to its cable television reception
service in the City.
C.
Franchise territory. The consent granted herein to the
company shall apply to the entirety of the City and any property hereafter
annexed thereto.
A.
Construction timetable. The company shall complete construction
within one year of the date upon obtaining a registered statement from the
FCC. The construction shall commence within 90 days alter receipt of such
statement.
B.
Conditions of construction.
(1)
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.
(2)
Relocation. If at any time during the period of this
consent, the City shall alter or change the grade of any street, alley or
other way or place, the company, upon reasonable notice by the City, shall,
at its own expense, remove, relay and relocate its equipment.
(3)
Temporary removal of cables. The company shall, upon
request of the City, 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 shall be borne by those same parties.
(4)
Removal or trimming of trees. During the exercise of
its rights and privileges upon this franchise, the company shall have the
authority to trim trees upon and overhanging streets, alleys, sidewalks and
public places of the City 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 wires and cables.
A.
Local office. 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.
B.
Complaint officer. The Office of Cable Television is
hereby designated as the complaint officer for the City pursuant to N.J.S.A.
48:5A-26(b). All complaints shall be received and processed in accordance
with N.J.S.A.14:17-7.1.
C.
Extension of service. 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 this 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 Board's line extension
policy now or hereafter promulgated.
D.
Emergency uses. The company 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 City Council.
E.
Interconnection. Except as otherwise provided for in
this application upon which this chapter is based, in the event that the City
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 City. Any such interconnection shall be
done in accordance with prior FCC authorization and in accordance with Paragraph
22 of the Clarification of Rules, FCC 74384 46 FCC 2d 175 (1974), and FCC
Rules and Regulations, 5576 252 (a2) and 5576 252, 41 Fed. Reg. 20665 (June
30, 1976).
F.
Facilities for access to the system. In the event that
the City determines that it is necessary and feasible for it to contract with
the company for the purpose of providing other specialized services, then
the company shall be required to apply to the Board and the FCC for approval
to enter into and establish the terms and conditions of such contract. Except
as provided in the application, all costs for such application to the Board
and the FCC shall be borne by the contractee.
G.
Two-way services. In the event that the City determines
that it is necessary and feasible for it to contract with the company for
the purpose of providing two-way service, and except to the extent state regulation
is pre-empted by the Federal Communications Commission, the company shall
be required to apply to the Board for approval to enter into and establish
the terms and conditions of such contract.
H.
Except as provided in the application, all costs for
such application shall be borne by the contractee. The City and the company
hereby acknowledge that state regulation of two-way cable television services
has been pre-empted by the Federal Communications Commission, with the exception
of state regulation of point-to-point intrastate nonvideo transmission.
The City having determined the rates proposed in the application, and
subsequent amendments thereto, for cable television reception service are
reasonable, approves them as presented. In the event there shall be the passage
of any law permitting preferred rates for senior citizens, such preferred
rates shall be made available to the senior citizens of the City.
A.
Performance bond. The company shall post a bond which
shall remain in effect for the life of the franchise, in the amount of $25,000.
B.
Liability insurance. The company agrees to maintain and
keep in full force and effect, at its sole expense at all times during the
term of this consent, sufficient liability insurance naming the City as an
insured, and insuring against loss by any such claim, suit, judgment, execution
or demand in the minimum amounts of $150,000 per person for any one claim,
and $500,000 as to any accident or occurrence and in the minimum amount of
$100,000 for property damage as to any one accident or occurrence.
All of the minutes taken in connection with this application, and all
of the correspondence submitted in connection therewith, and all of the written
commitments contained in the written application, except as modified herein,
shall 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, provided that any provisions of the application in conflict
with the provisions of the Cable Television Act, N.J.S.A. 48:5A-1 et seq.,
and/or FCC Rules and Regulations 5576.1 et seq. (1973) as amended and as clarified,
FCC Clarification of Rules 37 Fed. Reg. 14288 terms of this grant and such
provisions in the application which exceed the FCC Rules and Regulations are
considered unenforceable.
If any state or federal agency or body should 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.
There is hereby established a Citizens Advisory Council composed of
six members who shall be residents of the City. Members of the Citizens Advisory
Council shall be appointed by the City Council for a term of two years; a
seventh member, the television classroom studio manager of Trenton High School,
shall be ex officio. Except for the ex officio member, the initial term of
three members shall be two years, and the initial term of such three members
shall be one year; thereafter all members shall be appointed to terms of two
years so that three will expire in one year and three the next. The Citizens
Advisory Council shall report annually to the City Council or as often as
it deems appropriate. One member to be designated by the City Council shall
sit on the Board of Directors of the company and have the same rights as other
Board of Director members. The Citizens Advisory Council shall monitor the
operation and service afforded by the company, and may make such recommendations
as it deems appropriate to the company and the City Council.
The City consent shall become effective as of the date upon which the
City received written notification that the company accepts the terms and
conditions herein.
