[HISTORY: Adopted by the Township Committee of the Township
of Maplewood 11-15-2010 by Ord. No. 2650-10. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch.
239.
Telephone franchise — See Ch.
A337.
The municipality hereby grants to Comcast of New Jersey II,
LLC ("Comcast"), subject to the terms and conditions of this chapter
and upon the condition that Comcast shall accept the provisions of
this chapter and confirm, in writing, that it shall comply with all
of the commitments, renewal of its nonexclusive municipal consent
to place in, upon, across, above, over and under highways, streets,
alleys, sidewalks, easements, public ways and public places in the
municipality, poles, wires, cables, underground conduits, manholes
and other television conductors, fixtures, apparatus and equipment
as may be necessary for the construction, operation and maintenance
in the municipality of a cable television and communications system.
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 is supplemental to those definitions
of the Federal Communications Commission ("FCC") rules and regulations,
47 C.F.R. Subsection 76.1 et seq., and the Cable Communications Policy
Act, 47 U.S.C. Section 521 et seq., as amended, and the Cable Television
Act, N.J.S.A. 48:5A-1 et seq., and those regulations of the State
of New Jersey Board of Regulatory Commissioners relating to cable
television, N.J.A.C. 14:17-1.1 et seq., and 14:18-1.1 et seq., as
amended, and shall in no way be construed to broaden, alter or conflict
with the federal and state definitions:
APPLICATION
The company's application for renewal of municipal consent.
BASIC CABLE SERVICE
Any service tier, which includes the retransmission of local
television broadcast signals as defined by the FCC.
BOARD or BPU
The Board of Public Utilities, State of New Jersey.
COMPANY
The grantee of rights under this chapter and is known as
"Comcast of New Jersey II, LLC."
FCC
The Federal Communications Commission.
PRIMARY SERVICE AREA or PSA
Consists of the area of the municipality currently served
with existing plant as set forth in the map annexed to the company's
application for municipal consent.
Public hearings conducted by the municipality, concerning the
renewal of municipal consent herein granted to the company, were held
after proper public notice pursuant to the terms and conditions of
the Act and the regulations of the Board adopted pursuant thereto.
Said hearings, having been fully open to the public, and the municipality,
having received at said public hearings all comments regarding the
qualifications of the company to receive this renewal of municipal
consent, the municipality 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, and shall provide a reasonable assurance
of meeting the Township's future cable-related needs.
A. The nonexclusive municipal consent granted herein shall expire 15
years from the date of expiration of the previous certificate of approval
issued by the Board.
B. In the event that the municipality shall find that the company has
not substantially complied with the material terms and conditions
of this chapter, the municipality shall have the right to petition
the OCTV, pursuant to N.J.S.A. 48:5A-47, for appropriate action, including
modification and/or termination of the certificate of approval; provided,
however, that the municipality shall first have given the company
written notice of all alleged instances of noncompliance and an opportunity
to cure same within 90 days of that notification.
Pursuant to the terms and conditions of the Act, the company
shall, during each year of operation under the consent granted herein,
pay to the municipality 2% of the gross revenues from all recurring
charges in the nature of subscription fees paid by subscribers for
cable television reception service in the municipality or any higher
amount required by the Act or otherwise allowable by law, whichever
is greater. Only in the event that applicable law hereafter permits
a larger franchise fee to be collected, but does not fix the amount
thereof, the Township and Comcast shall negotiate in good faith with
respect to the amount thereof.
The consent granted under this chapter to the renewal of the
franchise shall apply to the entirety of the municipality and any
property subsequently annexed hereto.
A. The company shall be required to proffer service to any residence
or business along any public right-of-way in the primary service area,
as set forth in the company's application. The company's
Line Extension Policy, as set forth in the company's application,
shall govern any extension of plant beyond the primary service area.
B. Comcast will comply with all lawful rules and regulations governing
the operation of its cable television system and cable communications
system within the Township of Maplewood. If any referenced regulations
are deemed unlawful by a court of competent jurisdiction or superseded
by a duly enacted state or federal statute or regulation, Comcast
will not be bound by such regulation, nor will the company be bound
by any provision of the municipal consent ordinance or renewal certificate
of approval with regard to same. Comcast reserves the right to seek
administrative or judicial review of the validity of any statute,
regulation or ordinance.
A. Restoration. In the event that the company or its agents shall disturb
any pavement, street surfaces, sidewalks, driveways, or other surface
in the natural topography, the company shall, at its sole expense,
restore and replace such places or things so disturbed in as good
a condition as existed prior to the commencement of said work.
B. 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 or relocate its equipment, at the
expense of the company. The company shall, at the request of the municipality,
temporarily raise, lower or remove its lines in order to facilitate
the moving of buildings or machinery or other like circumstances,
at the expense of the company.
C. 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 or other
public places of the municipality so as to prevent the branches of
such trees from coming in contact with the wires and cable of the
company. Such trimming shall be only to the extent necessary to maintain
proper clearance of the company's wire and cables.
In providing services to its customers, the company shall comply
with N.J.A.C. 14:18-1 et seq. and all applicable state and federal
statutes and regulations. The company shall strive to meet or exceed
all voluntary company and industry standards in the delivery of customer
service and shall be prepared to report on it to the municipality
upon written request of the municipality Administrator or Clerk.
A. The company shall continue to comply fully with all applicable state
and federal statutes and regulations regarding credit for outages,
the reporting of same to regulatory agencies and notification of same
to customers.
B. The company shall continue to fully comply with all applicable state
and federal statutes and regulations regarding the availability of
devices for the hearing impaired and the notification of same to customers.
C. The company shall use every reasonable effort to meet or exceed voluntary
standards for telephone accessibility developed by the National Cable
Television Association (NCTA).
D. Nothing herein shall impair the right of any subscriber or the municipality
to express any comment with respect to telephone accessibility to
the Complaint Officer or impair the right of the Complaint Officer
to take any action that is permitted under law.
A. The Township Administrator is hereby designed as the Complaint Officer
for the municipality pursuant to N.J.S.A. 48:5A-26. All complaints
shall be received and processed in accordance with N.J.A.C. 14:17-6.5.
All complaints shall be in writing, signed by the subscriber, and
shall state the names and addresses of both the complainant and the
party complained of, as well as the essential facts upon which the
complaint is based, including the dates of acts or omissions complained
of and attempts, if any, by the subscriber to resolve the complaint
directly. The Complaint Officer will bring the matter to the attention
of the party complained of and will request that party to submit a
response to the complaint. The Complaint Officer shall review the
complaint response, shall attempt an amicable adjustment of the dispute
and shall report the results to all parties within 30 days of receipt
of the complaint. The complaint shall be without prejudice to the
rights of any party to file a petition pursuant to the Cable Television
Act.
B. Comcast will provide quarterly notice to the residents of the Township
informing them that the Township Administrator is the Complaint Officer.
The municipality shall have the right to request copies of records
and reports pertaining to complaints by municipality customers from
the OCTV.
During the term of this franchise, and any renewal thereof,
the company shall maintain a business office or agent in accordance
with N.J.A.C. 14:18-5.1 for the purpose of receiving, investigating
and resolving all local complaints regarding the quality of service,
equipment malfunctions, and similar matters. Such a business office
shall have a publicly listed toll-free telephone number and be open
during standard business hours, and in no event (excepting emergency
circumstances) less than 9:00 a.m. to 5:00 p.m., Monday through Friday.
During the life of the franchise, the company shall give to
the municipality a bond 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, and in the commitments.
The rates of the company shall be subject to regulation as permitted
by law.
A. The company shall continue to provide residents with a systemwide
public access channel maintained by the company. Qualified individuals
and organizations may utilize public access for the purpose of cablecasting
noncommercial access programming in conformance with the company's
published public access rules.
B. The company shall continue to provide a systemwide leased access
channel maintained by the company for the purpose of cablecasting
commercial access programming in conformance with the company's
guideline and applicable state and federal statutes and regulations.
C. The company shall continue to provide a dedicated local access channel
maintained by the company for the purpose of cablecasting noncommercial
access programming in conformance with the company's guideline
and applicable state and federal statutes and regulations.
D. The company shall take any steps that are necessary to ensure that
the signals originated on the access channels are carried without
material degradation and with a signal whose quality is equal to that
of the other standard channels that the company transmits.
E. The company shall provide scheduled technical assistance at any PEG
designee's hub site and studio, which will include a visit for
the purposes of providing adjustment and diagnostic services on an
"as needed" basis within 24 hours of notice.
F. The company shall make available to the Township on an availability
and scheduled basis a mobile production vehicle for the purpose of
producing noncommercial community governmental or educational access
programming, consistent with company's written rules and regulations
on use of said vehicle. The company shall provide basic training to
uses of production vehicle and will provide other technical assistance
and training upon written request for local residents for the purpose
of producing PEG access programming, to the extent that the company
offers such technical assistance and training.
A. The company shall provide standard installation and basic cable television
service on one outlet at no cost to each school in the municipality,
public and private, elementary, intermediate and secondary, provided
that the school is within 200 feet of active cable distribution plant.
Each additional outlet installed, if any, shall be paid for on a materials/equipment
plus labor basis by the school requesting service. Monthly service
charges shall be waived on all additional outlets.
B. The company shall provide standard installation and basic cable television
service at no cost on one outlet to each of the following municipal
facilities: all police, fire, emergency management facilities, Township
Hall, the Department of Public Works facility, and each public library;
and the Senior Citizen Drop-in Center at Maplecrest Park, Unity Auditorium
at the Civic House at Memorial Park, 124 Dunnell Road, DeHart Community
Center, 120 Burnett Avenue, 1978 Maplewood Arts Center, 1978 Springfield
Avenue, and the Burgdorff Cultural Center, 10-12 Durand Road, provided
that the facilities are located within 200 feet of active cable distribution
plant. Each additional outlet installed, if any, shall be paid for
on a materials plus labor basis by the municipality. Monthly service
charges shall be waived on all additional outlets.
C. The company shall provide standard installation of one free nonnetworked
Internet connection via high-speed cable modem on one outlet in each
public library facility and in each public or private elementary,
middle or secondary school. Connections at all facilities outlined
in this section shall be accessible to student or patron use and cannot
be restricted to administrative use. All facilities must be within
200 feet of active cable distribution plant.
D. If, at any time during the franchise, the Township makes a written
request to the company for a second dedicated local access channel
and return line, the company shall make the requested channel operational
within one year of receipt of the written request. The second local
access channel will be a digital channel and will require digital
equipment to be viewed by customers. The company shall also provide
within one year, at no cost to the municipality, an additional channel
return line at a location of the Township's choosing. The channel
return line must be within 200 feet of active cable distribution plant.
E. Within 90 days of the issuance of a renewal certificate of approval
by the OCTV, the company shall provide to the municipality a one-time
grant in the amount of $45,000 for access-related needs.
F. The company shall publish its toll-free number on every monthly bill.
G. The company shall, within 90 days of the company's receipt of
a customer complaint made by a resident of the Township, provide to
the Township a copy of the complaint along with a statement of the
company's resolution of the complaint.
H. The company shall provide and offer customer communications options
regarding service, billing, installations and complaints that are
efficient and economical and in accordance with N.J.A.C. 14:18-3.3
("Customer information") and N.J.A.C. 14:18-3.4 ("Information on company's
schedule of prices, rates, terms and conditions").
I. At the request of the Township, the company and the Township's
designee shall meet at least annually to review all matters relating
to cable television in the Township, with the minutes of such meetings
to be delivered to the company and to be filed with the Township.
A. The company will comply with the Emergency Alert System (EAS) rules
in accordance with applicable state and federal statutes and regulations,
which includes the capability to permit the broadcasting of emergency
messages by municipal governing bodies.
B. 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 company shall at all times maintain a comprehensive general
liability insurance policy with a single limit amount of $1,000,000
covering liability for any death, personal injury, property damages
or other liability arising out of its construction and operation of
the cable television system, and an excess liability (or "umbrella")
policy in the amount of $5,000,000.
All of the statements and commitments contained in the application
or annexed thereto and incorporated therein, and any amendment thereto,
except as modified herein, are binding upon the company as terms and
conditions of this consent. The application and other relevant writings
submitted by the company shall be annexed hereto and made a part hereof
by reference, provided that same do not conflict with applicable state
or federal law.
Should the municipality grant a franchise to construct, operate
and maintain a cable television system to any other person, corporation
or entity on terms materially less burdensome or more favorable than
the terms contained herein, the company may substitute such language
that is more favorable or less burdensome for the comparable provision
of this chapter subject to the provisions of N.J.A.C. 14:17-6.7.
Nothing in this franchise or in any prior agreement is or was
intended to confer third-party beneficiary status on any member of
the public to enforce the terms of such agreements or franchise.