[Added 10-11-2023 by Ord. No. 2023-19]
For the purpose of this article, the terms defined above shall
have the meanings there indicated, and the following additional terms
shall have the following meanings:
That statute of the State of New Jersey relating to cable
television, known as the Cable Television Act, N.J.S.A. 48:5A-1 et
seq.
Cablevision's application for renewal of municipal consent,
which application is on file in the Township Clerk's office and
is incorporated herein by reference and made a part hereof, except
as modified, changed, limited or altered by this article.
The Board of Public Utilities of the State of New Jersey
or its successor agency.
Cablevision of Monmouth, LLC ("Cablevision") the grantee
of rights under this article.
The Federal Communications Commission.
That federal statute relating to cable communications commonly
known as the Cable Communications Policy Act of 1984, 47 U.S.C. § 521
et seq., and the Telecommunications Act of 1996, or as those statutes
may be amended.
Those federal regulations relating to cable television services,
47 CFR 76.1 et seq. (and, to the extent applicable, any other federal
rules and regulations relating to cable television, including, but
not limited to, those described in 47 CFR 76.3), or as such regulations
may be amended.
The area contained within the present municipal boundaries
of the Township of Manalapan in the County of Monmouth, and the State
of New Jersey.
The installation of drop cable to a customer's premises
where the distance from the point of entry into the building being
served is less than 150 feet from the active cable television system
plant.
The State of New Jersey.
Those regulations of the State of New Jersey Board of Public
Utilities relating to cable television: N.J.A.C. 14:17-1.1 et seq.,
and N.J.A.C. 14:18-1.1 et seq., or as such regulations may be amended.
The governing body of the Township of Manalapan in the County
of Monmouth, and the State of New Jersey.
A public hearing concerning the consent herein granted to Cablevision
was held after proper public notice pursuant to the terms and conditions
of the Act. Said hearing having been held and fully open to the public,
and the Township having received all comments regarding the qualifications
of Cablevision to receive this consent, the Township hereby finds
Cablevision possesses the necessary legal, technical, character, financial
and other qualifications to support municipal consent, and that Cablevision's
operating and construction arrangements are adequate and feasible.
The Township hereby grants to Cablevision its nonexclusive consent
to place in, upon, along, across, above, over, and under its highways,
streets, alleys, sidewalks, public ways, and public places in the
municipality poles, wires, cables, and fixtures necessary for the
maintenance and operation in the municipality of a cable television
system or other communications facility, and for the provision of
any communication service over such facilities. Operation and construction,
pursuant to said consent, is conditioned upon prior approval of the
Board of Public Utilities.
This consent granted herein shall be nonexclusive and shall
be for a term of 10 years from the date of issuance of a certificate
of approval by the Board.
If Cablevision seeks successive consent, it shall, prior to
the expiration of this consent, apply for a municipal consent and
certificate of approval in accordance with N.J.S.A. 48:5A-16, and
applicable state and federal rules and regulations. In accordance
with N.J.S.A. 48:5A-25.1, both the Township and Cablevision shall
be bound by the terms of this municipal consent until such time as
Cablevision converts the municipal consent (and any certificate of
approval) into a system-wide franchise.
The consent granted under this article to Cablevision shall
apply to the entirety of the municipality and any property hereafter
annexed.
Cablevision shall be required to proffer video programming service
along any public right-of-way to any person's residence within
the primary service area, as it exists on the effective date of any
written approval order by the Board of this consent, at Cablevision's
schedule of rates for standard and nonstandard installation.
Installations to commercial establishments shall be constructed
in accordance with applicable rules and the petitioner's commercial
line extension policy.
A.Â
Pursuant to the terms and conditions of the Cable Television Act,
Cablevision shall pay to the Township, as an annual franchise fee,
a sum equal to 2% of the actual gross revenues received from all recurring
charges in the nature of subscription fees paid by subscribers for
its cable television reception services in the municipality.
B.Â
The company may use electronic funds transfer to make any payments
to the Township required under this article.
C.Â
The company shall, on or before the 25th day of January each year,
file with the Chief Financial Officer of the Township a verified statement
showing the gross subscriber revenues received from the cable television
reception service within the Township and shall at the same time pay
thereon to the Chief Financial Officer the 2% charge hereby imposed
as the yearly franchise revenue for the use of the streets.
D.Â
In the event applicable law hereinafter permits a larger franchise
fee to be collected, but does not fix the amount thereof, the Township
and Cablevision shall negotiate in good faith with respect to the
amount thereof; provided, however, that nothing herein shall be construed
to permit the Township to require payment of a franchise fee by Cablevision
that is higher than the fee paid by all other cable television service
providers offering service in the municipality.
A.Â
Subject to federal law and FCC rules and regulations, Cablevision
shall, upon written request, provide free of charge one standard installation
and monthly cable television reception service to all state or locally
accredited public schools and all municipal public libraries, as well
as municipal buildings located within the municipality as listed in
Exhibit A of this article.[1]
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
B.Â
Upon written request from the Township, the company shall provide
to state and locally accredited elementary and secondary schools and
municipal public libraries in the municipality, without charge, the
following: 1) one standard installation per school or library; 2)
one cable modem per installation; and 3) basic cable modem service
for the term of this article for each installation. This offer shall
be subject to the terms, conditions and use policies of the company,
as those policies may exist from time to time.
C.Â
Upon written request from the Township, the company shall provide
to Manalapan Township Hall, without charge, the following: 1) one
standard installation; 2) one cable modem per installation; and 3)
basic cable modem service for the term of this article for each installation.
This offer shall be subject to the terms, conditions and use policies
of the company as those policies may exist from time to time.
A.Â
Cablevision shall perform construction and installation of its plant
and facilities in accordance with applicable state and federal law.
The company shall be subject to the following additional construction
requirements with respect to the installation of its cable plant and
facilities in the municipality:
(1)Â
In the event that the company or its agents shall disturb any pavement,
street surfaces, sidewalks, driveways or other surfaces, the company
shall at its sole expense restore and replace such disturbances in
as good a condition as existed prior to the commencement of said work.
(2)Â
If at any time during the period of this consent the Township shall
alter or change the grade of any street, alley or other way or place,
the company, upon reasonable notice by the Township, shall remove
or relocate its equipment, at its own expense.
(3)Â
Upon request of a person holding a building or moving permit issued
by the Township, the company shall temporarily move or remove appropriate
parts of its facilities so as to permit the moving or erection of
buildings or for the performance of other work. The expense of any
such temporary removal or relocation shall be paid in advance to the
company by the person requesting the same. In such cases, the company
shall be given not less than 14 days' prior written notice in
order to arrange for the changes required.
(4)Â
During the exercise of its rights and privileges under this consent,
the company shall have the authority to trim trees upon and overhanging
streets, alleys, sidewalks and public places of the Township so as
to prevent the branches of such trees from coming in contact with
the wires, cables, conduits and fixtures of the company. Such trimming
shall be only to the extent necessary to maintain proper clearance
for the company's facilities.
Cablevision shall comply with the technical and customer service
standards established for the cable industry under applicable federal
and state laws, rules and regulations.
Cablevision shall establish and maintain during the entire term
of this consent a local area business office or agent for the purpose
of receiving, investigating and resolving complaints regarding the
quality of service, equipment malfunctions and similar matters. Said
office shall be open daily during normal business hours, and in no
event less than 9:00 a.m. to 5:00 p.m., Monday through Friday, with
the exception of holidays.
The Office of Cable Television is hereby designated as the complaint
officer for the Township pursuant to the provisions of N.J.S.A. 48:5A-26.
All complaints shall be reviewed and processed in accordance with
N.J.A.C. 14:17-6.5.
A.Â
Cablevision agrees to maintain and keep in force and effect, at its
sole cost at all times during the term of this consent, sufficient
liability insurance insuring against loss by any such claim, suit,
judgment, execution or demand in the minimum amounts 1) $2,000,000
for bodily injury or death to one person, 2) $2,000,000 for property
damage resulting from any one accident, 3) $2,000,000 for all other
types of liability, 4) $10,000,000 umbrella excess policy, and 5)
statutory workers' compensation. Cablevision shall name the Township
as an additional insured on each of the above insurance policies and
will supply a copy of each certificate of insurance to the Township
Administrator annually. The company shall notify the Township at least
30 days' prior of its intention to cancel or change any policy.
Each policy shall contain a provision requiring the insurance company
to give the Township at least 10 days' notice of cancellation.
B.Â
The company shall indemnify and hold the Township harmless from and
against losses and physical damage to property, including those properties
owned or under the control of the Township, and bodily injury or death
of persons, which may arise out of or be caused by the construction,
location, installation, operation, erection, maintenance, repair,
replacement, removal or control of the cable television system within
the Township, or by any act of the company or its agents, servants
and/or employees, with the exception of any Township-produced or-sponsored
programming on any public education and government ("PEG") access
channels or education and government ("EG") access channels on Cablevision's
system or claims arising from the negligent acts of the Township or
any of its agents or representatives.
Cablevision shall obtain and maintain, at its sole cost and
expense, during the entire term of this agreement, a bond to the Township
in the amount of $25,000. Such bond shall be to ensure the faithful
performance of its obligations as provided in this franchise.
A.Â
The rates of the company for cable television service shall be subject
to regulation to the extent permitted by federal and state law.
B.Â
Senior discount. Cablevision shall implement a senior citizen discount
in the amount of 10% off the monthly broadcast basic level of cable
television service rate to any person 62 years of age or older who
subscribes to cable television services provided by the company, subject
to the following:
(1)Â
Such discount shall only be available to eligible senior citizens
who do not share the subscription with more than one person in the
same household who is less than 62 years of age; and
(2)Â
In accordance with N.J.S.A. 48:5A-11.2, subscribers seeking eligibility
for the discount must meet the income and residence requirements of
the Pharmaceutical Assistance to the Aged and Disabled program pursuant
to N.J.S.A. 30:4D-21; and
(3)Â
The senior discount herein relates only to the broadcast basic level
of cable television service, and shall not apply to any additional
service, feature, or equipment offered by the company, including any
premium channel services and pay-per-view services; and
(4)Â
Senior citizens who subscribe to a level of cable television service
beyond expanded basic service, including any premium or per-channel
a la carte service, shall not be eligible for the discount.
C.Â
The company shall have no further obligation to provide the senior
discount herein in the event that: a) the company converts the municipal
consent granted herein to a system-wide franchise in accordance with
N.J.S.A. 48:5A-25.1; or b) upon Board approval of a certification
that another cable television service provider offering services to
residents of the municipality, filed in accordance with N.J.S.A. 48:5A-30d,
is capable of serving 60% or more of the households within the municipality.
In the event the company does cease providing a senior discount pursuant
to this provision, it shall comply with all notice requirements of
applicable law.
Cablevision shall be required to have the capability to override
the audio portion of the system in order to permit the broadcasting
of emergency messages by the Township pursuant to state and federal
requirements. The company shall in no way be held liable for any injury
suffered by the Township or any other person during an emergency if
for any reason the Township is unable to make full use of the cable
television system as contemplated herein. The Township shall utilize
the state-approved procedures for such emergency uses.
A.Â
In the event that another multichannel video program provider's
service within the Township creates a significant competitive disadvantage
to Cablevision, the company shall have the right to request from the
Township lawful amendments to its franchise that relieve it of burdens
which create the unfair competitive situation.
B.Â
In requesting amendments, Cablevision shall file a petition with
the BPU seeking to amend the franchise agreement. The petition shall
identify the competitors(s), identify the basis for Cablevision's
belief that certain provisions of this franchise agreement place Cablevision
at a competitive disadvantage, and identify the regulatory burdens
to be amended or repealed to eliminate the competitive disadvantage.
The Township will not unreasonably withhold granting the company's
petition and amending the franchise agreement pursuant to approval
of a petition to the BPU as provided in accordance with N.J.S.A. 48:5A-47
and N.J.A.C. 14:17-6.7.
Upon expiration, termination or revocation of this article,
Cablevision, at its sole cost and expense and upon direction of the
Board, shall remove the cables and appurtenant devices constructed
or maintained in connection with the cable services authorized herein,
unless Cablevision, its affiliated entities or assignees should, within
six months after such expiration, termination or revocation, obtain
certification from the FCC to operate an open video system or any
other federal or state certification to provide telecommunications.
A.Â
Provided the Township can and will maintain the information as confidential
under Open Public Records Act of New Jersey, N.J.S.A. 47:1A-1 through
47:1A-13, and other applicable federal, state and local law, Cablevision
shall, upon request of the Township, provide the Township with the
telephone-related records and complaints submitted to the OCTV and
BPU.
B.Â
Provided the Township can and will maintain the information as confidential
under OPRA New Jersey, N.J.S.A. 47:1A-1 through 47:1A-13, and other
applicable federal, state and local law, Cablevision shall, upon request
of the Township, prepare and file with the Township on an annual basis
a report setting forth the number of subscribers in the Township receiving
only the basic or expanded basic level of service.
C.Â
Upon reasonable request, the company shall report to the Township
Committee and/or Cable Television Advisory Committee on an annual
basis, and shall do so at a public meeting if so requested.
A.Â
Cablevision shall continue to make noncommercial public, educational
and governmental (PEG) access services available to the residents
of the municipality as described in the application for municipal
consent. All Cablevision support for PEG access shall be for the exclusive
benefit of Cablevision's subscribers.
B.Â
The Township agrees that Cablevision shall retain the right to use
the PEG access channel, or portion thereof, for non-PEG access programming
during times when the Township is not utilizing the channel for purposes
of providing PEG access programming. In the event that the company
uses said PEG access channel for the presentation of such other programming,
the PEG programming shall remain the priority use, and the company's
rights with respect to using the channel for non-PEG programming shall
be subordinate to the Township's provision of PEG access programming
on such channel.
C.Â
In consideration for the rights granted in this article, the company
shall provide the Township with a one-time grant in the amount of
$35,000, which may be used by the Township for any PEG capital purpose
as the Township, in its discretion, may deem appropriate (the "PEG
grant"). The PEG grant shall be due and payable within 30 days from
the effective date of the issuance of a certificate of approval by
the Board.
D.Â
Cablevision shall continue to maintain a fiber access return feed
at Manalapan Township Hall, located at 120 Route 522 Manalapan, NJ
07726, will continue to provide the Township with its own designated
PEG channel available for the exclusive use of the Township. The designated
PEG channel provided to the Township under this consent shall accept
programming from the fiber access return feed installed at Manalapan
Town Hall.
E.Â
Cablevision shall have discretion to determine the format and method
of transmission of the PEG access programming provided for in this
section.
A.Â
Each employee of the company who routinely comes into contact with
members of the public at their places of residence must wear a picture
identification card clearly indicating his or her employment with
the company. The photograph on the identification card shall prominently
show the employee's name and/or identification number. Such employee
shall prominently display such identification card and shall show
it to all such members of the public. Each employee of any contractor
or subcontractor of the company who routinely comes into contact with
members of the public at their places of residence must wear a picture
identification card clearly indicating his or her name, the name of
such contractor or subcontractor and the name of the company.
B.Â
Notwithstanding any other provision of law regulating door-to-door
solicitation or other sales activities undertaken on public or private
property within the municipality, including any licensing or permit
obligations required for such activities, the obligations set forth
in this section of this article shall be the sole conditions governing
the authorization and identification required for the entrance onto
public or private property imposed upon the company or its employees,
agents, contractors or subcontractors for the purpose of selling,
marketing or promoting services offered by the company to residents
of the municipality.
All of the commitments contained in the application and any
amendment thereto submitted in writing to the Township by the company,
except as modified herein, are binding upon Cablevision as terms and
conditions of this consent. The application and any other written
amendments thereto submitted by Cablevision in connection with this
consent are incorporated in this article by reference and made a part
hereof, except as specifically modified, changed, limited, or altered
by this article, or to the extent that they conflict with state or
federal law.
This consent shall be construed in a manner consistent with
all applicable federal, state and local laws, as such laws, rules
and regulations may be amended from time to time.
A.Â
Notices required under this article shall be in writing and shall
be mailed, first class, postage prepaid, to the addresses below. Either
party may change the place where notice is to be given by providing
such change in writing at least 30 days' prior to the time such
change becomes effective. The time to respond to notices under this
article shall run from receipt of such written notice.
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Notices to the company shall be mailed to:
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Altice USA
1 Court Square West, 49th Floor
Long Island City, NY 11101
Attention: Senior Vice President for Government Affairs
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With a copy to:
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Cablevision of Monmouth, LLC
c/o Altice USA
1 Court Square West
Long Island City, NY 11101
Attention: Legal Department
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Notices to the Township shall be mailed to:
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Township of Manalapan
120 Route 522
Manalapan, NJ 07726
Attention: Township Manager
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B.Â
Notwithstanding anything herein to the contrary, regulatory notices
from the franchisee to the Township which are required pursuant to
federal and state law and regulations may be served electronically
upon the Township, instead of by first-class mail as described above,
to an email address provided by the Township.
This article shall take effect upon its passage and publication
according to law upon issuance of a certificate of approval as issued
by the Board of Public Utilities that incorporates the material terms
of this article. Nothing herein shall alter the right of the company
to seek modification of this article in accordance with N.J.S.A. 48:5A-47
and N.J.A.C. 14:17-6.7. In accordance with N.J.S.A. 48:5A-25.1, the
terms of this article will no longer be in effect upon Cablevision
converting the municipal consent (and any certificate of approval)
into a system-wide franchise.
