[HISTORY: Adopted by the Mayor and Council
of the Borough of Oradell 5-17-1988 by Ord. No. 823.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded
former Ch. A316, Cable Television Franchise, adopted 9-20-1977 by
Ord. No. 655.
The Borough hereby grants to the company its
consent to place in, upon, along, across, above, over and under the
highways, streets, alleys, sidewalks, public ways and public places
in the Borough poles, wires, cables, underground conduits, manholes
and other television conductors and fixtures necessary for the maintenance
and operation in the Borough of a cable television system and cable
communications system. The Borough reserves the right to adopt now
or in the future similar ordinances granting consent to one or more
companies according to law.
For the purpose of this ordinance, the following
terms, phrases, words and their derivations shall have the meanings
given herein. Such meanings or definitions of terms are supplemental
to those definitions of the Federal Communications Commission (47
CFR 76.5) 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
the federal or state definitions:
Chapter 186 of the General Laws of New Jersey 1972, N.J.S.A.
48:5A-1 et seq.
The written application of the company to the Borough, all
amendments thereto and all oral testimony of the company at the hearings,
insofar as same does not conflict with applicable federal and state
regulations.
The Borough of Oradell, County of Bergen, in the State of
New Jersey.
The grantee of rights under this ordinance, known as "Cablevision
Systems Corporation," doing business as "Cablevision of New Jersey."
A nonexclusive franchise or consent.
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. Said hearing having been held
as above stated, and said hearing having been fully open to the public
and the Borough having received at said hearing all comments regarding
the qualifications of the company to receive this franchise, the Borough
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.
The consent herein granted shall expire eight years
from the effective date of this ordinance.
B.
Upon written notice to the company, the Borough may,
if consistent with state and federal law, elect to adopt terms and
conditions relating to programming or the rates for such programming
which it deems to be more favorable than the programming or rates
contained in its agreement with the company, provided that such programming
or rates are included in a franchise, ordinance or agreement held
as of May 9, 1988, by the company with another municipality within
Bergen County, New Jersey, or any renewal or extension thereof, and
the Borough also adopts other terms and conditions contained in such
other ordinance or agreement as are requested by the company. Notwithstanding
the foregoing, nothing contained herein shall prohibit the company
from implementing different periodic marketing promotions within the
municipalities in which it operates or otherwise shall require the
company to implement such plans with the Borough. As soon as practicable
after the giving of notice hereunder by the Borough, the company and
the Borough shall prepare such amendments to the ordinance as may
be necessary to incorporate any provisions contemplated above in the
company's ordinance in the Borough.
A.
The consent granted herein shall be subject to renewal
for a period of five 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.
B.
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 a time that a decision is made by the Borough governing body
relative to the renewal of said consent. Such petition shall be filed
at least 60 days prior to the expiration of the consent granted herein.
A.
The company shall pay to the Borough an annual fee
of 2% per annum of its gross subscriber revenues, as provided in N.J.S.A.
48:5A-20a.
B.
Said fee shall become operative upon the effective
date hereof and shall remain in effect during the term herein specified,
unless amended as herein provided.
C.
The Borough reserves the right to charge such increased
annual fee as may at any time hereafter be authorized by statute or
to petition for an increase in such franchise fee as provided in N.J.S.A.
48:5A-30c.
The consent granted herein to the company shall
apply to the entirety of the Borough and any property hereafter annexed
thereto.
The company shall complete significant construction
within six months of the date upon which it receives a certificate
of compliance from the Federal Communications Commission. The company
shall be required to complete construction within the service area
described herein within six months thereafter. The timetable as presented
in the application incorporated herein has been determined to be reasonable
by the Borough of Oradell.
The company shall commence operations upon completion
of the construction and installation of the system as hereinabove
provided.
A.
The company shall be required to proffer service to
any person whose residence or business is located in the franchise
area described herein, in accordance with the proposal for the provision
of services as described in the 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 office's live
television policy now or hereafter promulgated.
B.
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 Borough Council.[1]
[1]
Editor's Note: Former Subsection C, regarding
"Smart Growth" rules, added 3-28-2006 by Ord. No. 06-01, which immediately
followed this subsection, was repealed 6-27-2006 by Ord. No. 06-13.
A.
Restoration. In the event that the company or its
agents shall disturb any pavement, street surface, 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.
Relocation. If at any time during the period of this
consent the Borough 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, relay and relocate its equipment; subject,
however, to the prior approval of the Board.
C.
Temporary removal of cables. The company shall, upon
the request of the Borough, 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, subject
to the prior approval of the Borough. In addition, the company shall,
upon prior written notice of at least 72 hours given by any person
or entity holding an appropriate building permit, temporarily raise
or lower its cables to permit such authorized construction, subject
to the prior approval of the Board of Public Utility Commissioners.
The expense thereof shall be borne by the company.
D.
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 Borough 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.
E.
Relocation of alarms. The company shall be obligated
to pay for the cost of the removal and relocation of the Borough's
fire alarm system or any private alarm system as may be required by
the company's installation, if such rearrangement of municipal facilities
was neither contemplated nor necessary in the absence of such installation
by the cable company.
A.
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 am. to 5:00 p.m., Monday through
Friday.
B.
The company shall maintain a studio within the area
to be serviced, the location of which shall be discussed with the
Borough prior to the time the same is established, for color and black-and-white
television, that shall be open and staffed not less than four hours
each day, seven days a week.
The Office of Cable Television is hereby designated
as the complaint officer for the Borough of Oradell pursuant to N.J.S.A.
48:5A-26b. All complaints shall be received and processed in accordance
with N.J.A.C. 14:17-7.1.
Upon acceptance of the consent and prior to
the commencement of construction, the company shall give a bond to
the Borough of Oradell, which bond shall be in the penal amount of
$25,000, which is equal to the estimated cost of construction of the
cable television system as submitted by the company in its application.
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.
A.
The Borough, having determined the rates proposed
in the application for cable television reception service are reasonable,
approves them as presented.
B.
In the event that future governmental regulations
so permit, a discounted rate shall be offered to senior citizens,
handicapped persons and shut-ins.
Prior to the commencement of construction or
the acceptance of any subscriptions, the company shall provide the Borough
with certificates evidencing insurance naming the Borough as an insured
and insuring against liability for any death, personal injury or property
damage or other liability arising out of the company's construction
and operation of its CATV system. The company agrees to maintain and
keep in full force and effect, at its sole expense, during the term
of this franchise minimum insurance of $500,000 for bodily injury
or death as to any one person, $1,000,000 for bodily injury or death
resulting from any one accident and $100,000 for property damage.
A.
The company's application, as hereinabove defined,
is hereby incorporated in and made a part of this ordinance by reference
and shall be binding upon the company.
B.
A copy of said application is on file and may be examined
in the office of the Clerk of the Borough of Oradell.
C.
In the event of an inconsistency between the provisions
of this ordinance and the company's application, the ordinance shall
prevail, and such inconsistency shall not invalidate this ordinance.
However, nothing contained in this ordinance shall be interpreted
in such a manner as to release the company from any of its representations
contained in its application and testimony, insofar as the same does
not conflict with applicable federal and state statutes and regulations.
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 such holding shall not affect the validity
of the remaining portions hereof.
It is understood that should any state or federal
agency or body 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.
This municipal consent shall become effective
as of the date upon which the municipality receives written notification
that the company accepts the terms and conditions herein.
