[HISTORY: Derived from Ch. XXIII, of the Revised General Ordinances of the Borough of Fort Lee, 1978, adopted 3-1-1979. Amendments noted where applicable.]
Street and sidewalk openings and repair — see Ch. 360.
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein. Such meaning or definition of terms is supplemental to those definitions of the Federal Communications Commission, FCC Rules and Regulations, Section 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, alter or conflict with the federal or state definitions.
- ACT or CABLE TELEVISION ACT
- Chapter 186 of the General Laws of New Jersey, 1972, N.J.S.A. 48:5A-1 et seq.
- The Board of Public Utilities Commission.
- The Borough of Fort Lee, County of Bergen, State of New Jersey.
- The grantee of rights under this chapter, and known as "Vision Cable Television Company."
- The Office of Cable Television within the Department of Public Utilities.
The borough hereby grants to the company a nonexclusive franchise to place and maintain 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.
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. The hearing having been held as above-stated and the hearing having been fully opened to the public, and the borough having received at the 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.
The municipal consent for the renewal of the franchise for the installation and operation of cable television service heretofore granted to Vision Cable Television Company is hereby renewed for a period of 15 years with an automatic renewal option of an additional 10 years, in accordance with the terms and conditions contained in Ordinance No. 79-23, except that the consent granted herein shall expire 15 years from October 9, 1989, and shall be subject to automatic renewal for a period of 10 years thereafter unless either the borough or Vision Cable Television Company shall, not later than 60 days before the expiration of said fifteen-year term, serve upon the other party notice of its intention not to accept such automatic renewal as set forth in N.J.S.A. 48:5A-25.
If N.J.S.A. 48:5A-30 is amended at any time in the future to permit payments in excess of the current statutory amount of 2% of the gross revenues from all recurring charges in the nature of subscription fees paid by subscribers for reception service, then in that event, Vision Cable Television Company shall pay to the borough the revised percentage as set forth in the amendatory legislation.
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 borough 2% of the gross revenues from all recurring charges received by the company from subscribers to its cable television reception service in the borough.
The consent granted herein to the company shall apply to the entirety of the Borough of Fort Lee and any property hereafter annexed by the borough pursuant to law.
The company shall be required to proffer service to any persons, residents or businesses located in those areas of the franchise territory described herein. 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 line extension policy now or hereafter promulgated.
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 the work.
If at anytime 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, re-lay and relocate its equipment, at the expense of the company.
The company shall temporarily move or remove appropriate parts of its facility to allow moving of buildings or machinery or in other similar circumstances. The expense shall be borne by the party requesting such action except when requested by the borough in which case the company shall bear the cost.
Removal or trimming of trees. During the exercise of its rights and privileges under this chapter, the company shall have the authority to trim trees upon overhanging streets, alleys, sidewalks and public places of the borough so as to prevent the branches of such trees from coming into 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 facilities.
During the term of this franchise, and any renewal thereof, the company shall maintain a local business office 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 located within the borough and 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. All subscribers to the company's services shall be advised at least once a year as to the location of the company office.
During the life of the franchise, the company shall give a bond to the borough 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 determined the rates proposed in the application for cable television reception services are reasonable, approves them as presented, subject to review by the Board.
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 governing body.
In the event that the borough determines that it is necessary and feasible for it to contract with the company for the purposes of providing other specialized services, then 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 contractee.
In the event that the borough 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 borough.
In the event that the borough determines that it is necessary and feasible for it to contract with the company for the purposes of providing two-way service, 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 shall be borne by the contractee.
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 Borough of Fort Lee as an insured and insuring against loss by any such claim, suit, judgment, execution or demand in the minimum amounts $100,000 for bodily injury or death to one person, $300,000 for bodily injury or death from any one accident, and $50,000 for property damage resulting from any one accident. In addition, 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 an umbrella excess liability policy over and above the primary liability limits set forth herein, in the amounts of $1,000,000 for bodily injury or death from any one accident and $1,000,000 for property damage resulting from any one accident.
All of the commitments made by the company contained in its application for renewal consent and also made at the public hearings of the mayor and council and as contained in all written materials presented to the mayor and council including but not limited to the schedule of capital investments proposed and the petition to the FCC for permission for a signal carriage waiver to enable it to carry four additional stations are to be considered binding upon the applicants as the terms and conditions of this consent and the application shall be made a part hereof by reference.
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.
The company shall continue to provide the borough with a public access channel, an educational access channel, a local government access channel and a leased access channel as set forth in its application. These access channels and access services shall be provided in accordance with the former FCC Rules and Regulations designated as FCC Rules and Regulations 76-254, 76-256 and 76-258 regarding this subject contained in 41 Fed. Reg. 20678 - 20679.