[HISTORY: Adopted by the Township Committee of the Township of Cinnaminson 12-17-2003
by Ord. No. 2003-21 (Sec. 4.04 of the 1995 Code). Amendments
noted where applicable.]
The municipality hereby grants to Comcast 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 ordinance, 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 CFR Subsection 76.1 et seq.,
and the Cable Communications Policy Act, 47 U.S.C. § 521 et seq.,
as amended, 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 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 ordinance and is known as "Comcast
of Burlington County, LLC."
FCC
The Federal Communications Commission.
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.
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 with a ten-year automatic renewal as provided
by N.J.S.A. 48:5A-19 and 48:5A-25, and N.J.A.C. 14:18-13.6.
B. In the event that the municipality shall find that the
company has not substantially complied with the material terms and conditions
of this ordinance, 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.
A. The company shall provide up to four hours per week of
local access made available to Cinnaminson Township.
B. The company shall provide total preferred cable television
service on one outlet at no cost to each school in the municipality, public
and private, elementary, intermediate and secondary, provided the school is
within 175 feet of active cable distribution plant. Each additional outlet
installed, if any, shall be paid for on a materials plus labor basis by the
school requesting service. Monthly service charges shall be waived on all
additional outlets.
C. The company shall provide total preferred cable television
service at no cost on one outlet to each police, fire, emergency management
facility, sewer authority processing plant and public library in the municipality,
provided the facility is located within 175 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.
D. The company shall provide free basic Internet service,
via high speed cable and modem, to one non-networked personal computer in
each qualified existing and future school in the Township, public and private,
elementary, intermediate and secondary, at no charge provided the facility
is located within 175 feet of active cable distribution plant. The Internet
service shall be installed on a personal computer that is accessible to the
students and not for administrative use only.
E. The company shall provide free basic Internet access
via high-speed cable and modem on one non-networked personal computer in each
qualified existing and future public library at no charge, provided the facility
is located within 175 feet of active cable distribution plant. The Internet
service shall be installed on a personal computer that is accessible to library
patrons and not for administrative use only.
F. The company shall provide free basic Internet access
via high-speed cable and modem on one non-networked personal computer in each
firehouse and the public works building in the Township.
G. Within six months of receipt of a renewal certificate
of approval, the company shall provide the Township with a one-time technology
grant in the amount of $50,000 for any purpose the Township deems appropriate.
H. Any obligations imposed subsequent to the passage of
this ordinance by federal or state law applicable to cable television companies
shall be incorporated into this ordinance.
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 permitted by the Act or otherwise
allowable by law, whichever is greater. Payment shall be made on or before
January 31 of each year. Gross revenues shall be reported on the books and
records of the company in accordance with the uniform system of accounts adopted
by the Office and shall mean gross revenues derived from cable television
reception services as defined by New Jersey law. Sole jurisdiction over said
books and records shall be vested in the Office. Upon the Township's request,
the company's books and records will be open to inspection by the Office.
The consent granted under this ordinance to the renewal of the franchise
shall apply to the entirety of the municipality and any property subsequently
annexed hereto.
A. Underground utilities. The company agrees to service
residents who have underground utilities with underground connections and
also all future customers who may have underground utilities.
B. Restoration. In the event that the company or its agents
shall disturb any pavement, street surfaces, sidewalks, driveways, or other
surface in the nature 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.
C. 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.
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 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.
E. Temporary removal of cables. The company shall, upon
reasonable request of the Township, 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. If such a request is made to
the company by someone other than the Township, the person requesting this
action must bear the cost of any action by the company to satisfy the request.
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. Any extension of plants beyond the primary
service area shall be governed by the company's line extension policy, as
set forth in the company's application.
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 emergent
circumstances) less than 9:00 a.m. to 5:00 p.m., Monday through Friday.
The Municipal Clerk is hereby designated as the complaint officer for
the municipality pursuant to N.J.S.A. 48:5A-26(b). All complaints shall be
received and processed in accordance with N.J.A.C. 14:17-6.5. The municipality
shall have the right to request copies of records and reports pertaining to
complaints by municipality customers from the complaint officer.
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.
The rates of the company shall be subject to regulation as permitted
by federal and state law.
A. The company will comply with the Emergency Alert System
(EAS) rules in accordance with applicable state and federal statues and regulations.
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.
In the event that the company seeks to assign the municipal consent
granted herein, a copy of any such application and supporting documentation
filed with the Office shall be simultaneously filed with the Township, and
upon request by the Township, representatives of both the company and the
company to which it seeks to assign the franchise shall promptly meet and
confer with the Township and will supply such further information as is requested,
relative to said application for assignment. Final approval of such application
shall be conditioned upon good faith compliance with said requirements, it
being expressly acknowledged, however, that said final approval rests with
the Board.
In the event that the municipality determines that it is necessary and
feasible for it to contract with the company for the purpose of providing
two-way or interconnection services, the company shall be required to apply
to the BPU for approval to enter into and establish the terms and conditions
of such contract. All costs for such application to the BPU shall be borne
by the municipality.
A. Subject to § 620-14
hereof, the company shall hold and save the Township harmless from and indemnity
and defend the Township against every claim, loss and liability of every kind,
arising in any and every way, directly and indirectly, immediately and consequentially,
except to the extent limited by state or federal law, from:
(1) The grant or use of this municipal consent.
(2) The construction, operation and/or maintenance of a cable
television system and/or incidental fixtures or facilities within or without
the Township.
(3) The acquisition of, or negotiation for the acquisition
of, any interest in real estate, rights or privileges within or without the
Township.
(4) The making, prosecuting or processing of any application
for any governmental approval, permit or license, including all appeals.
(5) All proceedings of every kind by or against the company.
(6) Any act or omission of the company or any of its officers,
directors, employees, agents, contractors, suppliers, materialmen or affiliated
companies.
(7) The exercise or implementation (whether or not proper
or lawful) of any right or privilege express or implied hereunder, the law
or otherwise arising out of this municipal consent.
(8) Any claim in any way caused, directly or indirectly,
by the company's action, inaction, franchise, operation, maintenance, construction,
installation or the like.
(9) Any personal injury claim resulting from the use or existence
of any company equipment in the Township.
B. The Township agrees to hold the company harmless from
and indemnity and defend the company against every claim, loss and liability
of every kind arising from the Township's use of the emergency network.
A. 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.
B. All of the commitments and statements contained in the
application and any amendment thereto submitted in writing to the municipality
by the company, except as modified herein, are binding upon the company as
terms and conditions of this municipal consent. The application and any other
relevant writing submitted by the company shall be annexed hereto and made
a part hereof by reference as long as it does not conflict with state or federal
law. All ordinances or parts of ordinances or other agreements between the
municipality and the company that are in conflict with the provisions of this
agreement are hereby declared invalid and superseded.
All the commitments and statements contained in the application and
any amendment thereto submitted in writing to the municipality by the company,
except as modified herein, are binding upon the company as terms and conditions
of this municipal consent. The application and any other relevant writings
submitted by the company shall be considered a part of this ordinance and
made a part hereof by reference as long as it does not conflict with state
or federal law. All ordinances or part of ordinances or other agreements between
the Township and the company that are in conflict with the provisions of this
agreement are hereby declared invalid and superseded.
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 statues 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.
In accordance with the Cable Communications Act, upon the request of
a subscriber, the company shall provide, by sale or lease, a device by which
the subscriber can prohibit viewing of a particular premium channel during
periods selected by that subscriber.
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 its validity or
unconstitutionality shall not affect the validity of the remaining portions
of the ordinance.
If any part of this ordinance should now or hereafter be in conflict
with any of the laws, rules, orders and regulations now in effect or hereinafter
adopted by the FCC, the Board or any other governmental agency having jurisdiction,
the company shall comply with such law, rule, order or regulation. Such compliance
shall not be deemed a violation of this ordinance.
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 ordinance 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.