[HISTORY: Adopted by the Mayor and Council of the Borough
of Hamburg 7-6-2022 by Ord. No. 07-2022.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. A236,
Cable Television Franchise, adopted 3-7-2011 by Ord. No. 03-2011.
For the purpose of this ordinance 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.
The company's application for renewal of municipal consent,
which application is on file in the Borough Clerk's office and
is incorporated herein by reference and made a part hereof, except
as modified, changed, limited or altered by this ordinance.
The Board of Public Utilities of the State of New Jersey
or its successor agency.
The governing body of the Borough of Hamburg in the County
of Sussex, and the State of New Jersey.
CSC TKR, LLC, the grantee of rights under this ordinance.
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. Section
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 Borough of Hamburg in the County of Sussex, and the State of
New Jersey.
The installation of drop cable to a customer's premise
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 et seq., or as such regulations may be amended.
A public hearing concerning the consent 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 and fully
open to the public, and the Borough having received all comments regarding
the qualifications of the company to receive this consent, the Borough
hereby finds the company possesses the necessary legal, technical,
character, financial and other qualifications to support municipal
consent, and that the company's operating and construction arrangements
are adequate and feasible.
The Borough hereby grants to the company 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 the company 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 Borough and the company shall be
bound by the terms of this municipal consent until such time as the
company converts the municipal consent (and any certificate of approval)
into a system-wide franchise.
The consent granted under this ordinance to the company shall
apply to the entirety of the municipality and any property hereafter
annexed.
The company 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 the company's
schedule of rates for standard and nonstandard installation.
Pursuant to the requirements of the Board, as ordered in its
approval of the transfer of the franchise from SECTV to the company
(Docket No. CM20030211, effective July 6, 2020), upon request, the
company shall extend service along any public right-of-way outside
its primary service area to those residences or small businesses within
the franchise territory which are located in areas that have a residential
home density of 25 homes per mile or greater (as measured from the
then-existing primary service area), or areas with less than 25 homes
per mile where residents and/or small businesses agree to share the
cost of such extension in accordance with the line extension formula
as provided by the company in its application for municipal consent.
A.Â
Pursuant to the terms and conditions of the Cable Television Act,
the company shall pay to the Borough, 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. In the
event applicable law hereinafter permits a larger franchise fee to
be collected, but does not fix the amount thereof, the Borough and
the company shall negotiate in good faith with respect to the amount
thereof; provided, however, that nothing herein shall be construed
to permit the Borough to require payment of a franchise fee by the
company that is higher than the fee paid by all other cable television
service providers offering service in the municipality.
B.Â
The company may use electronic funds transfer to make any payments
to the Borough required under this ordinance.
Subject to applicable FCC regulations, the company shall, upon
written request, provide free of charge, 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 follows:
A.Â
Twenty-one cable connections to the Borough Elementary School, 30
Linwood Avenue; one cable connection to the Borough Fire Department,
16 Wallkill Avenue; one cable connection for the Borough's EMS
station, 8 Wallkill Avenue; one cable connection to the Borough Police
Station, 9 Orchard Street; and one cable connection for the Borough's
Office of Emergency Management Building, 18 Wallkill Avenue; Borough
Municipal Building, 16 Wallkill Avenue.
The company 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:
A.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.
B.Â
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 or
relocate its equipment, at its own expense.
C.Â
Upon request of a person holding a building or moving permit issued
by the Borough, 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.
D.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 Borough 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.
The company shall comply with the technical and customer service
standards established for the cable industry under applicable federal
and state laws, rules and regulations.
The company 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 Borough 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.
The company 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 naming the Borough as an additional insured and
insuring against loss by any such claim, suit, judgment, execution
or demand in the minimum amounts of $500,000 for bodily injury or
death to one person, and $1,000,000 for bodily injury or death resulting
from any one accident or occurrence stemming from or arising out of
the company's exercise of its rights hereunder.
The company shall obtain and maintain, at its sole cost and
expense, during the entire term of this Agreement, a bond to the Borough
in the amount of $25,000. Such bond shall be to insure the faithful
performance of its obligations as provided in this franchise.
The rates of the company for cable television service shall
be subject to regulation to the extent permitted by federal and state
law.
The company 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 Borough pursuant to state and federal
requirements. The company shall in no way be held liable for any injury
suffered by the Borough or any other person, during an emergency,
if for any reason the Borough is unable to make full use of the cable
television system as contemplated herein. The Borough shall utilize
the state-approved procedures for such emergency uses.
A.Â
In the event that the service of another multichannel video program
provider not subject to the Borough's regulatory authority within
the municipality creates a significant competitive disadvantage to
the company, the company shall have the right to request from the
Borough lawful amendments to its franchise that relieve it of burdens
which create the unfair competitive situation. Should the company
seek such amendments to its franchise, the parties agree to negotiate
in good-faith appropriate changes to the franchise in order to relieve
the company of such competitive disadvantages. If the parties can
reach an agreement on such terms, the Borough agrees to support the
company's petition to the Board for modification of the consent
in accordance with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7.
B.Â
If the parties are unable to reach an agreement on appropriate amendments
to the franchise, the Borough acknowledges that the company shall
have the right to petition the Board directly for such amendments
in accordance with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7; provided,
however, the Borough shall be under no obligation to support the company's
request for such relief from the Board.
C.Â
In any subsequent municipal consent, Borough shall require, at a
minimum, the same terms and conditions of any other provider of multichannel
video programming subject to the Borough's regulatory authority
as those contained in the instant consent. In the event such subsequent
consent does not contain the same terms and conditions as the instant
consent, Borough agrees to support the company's petition to
the Board for modification of the consent in accordance with N.J.S.A.
48:5A-47 and N.J.A.C. 14:17-6.7 to relieve the company of competitive
disadvantages identified in the company's petition.
Upon expiration, termination or revocation of this ordinance,
the company 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 the company, 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
The company shall continue to make available noncommercial public,
educational and governmental (PEG) access services available to the
residents of the municipality as described in the application for
municipal consent. All the company support for PEG access shall be
for the exclusive benefit of the company's subscribers.
B.Â
Subject to applicable state and federal law and regulation, company
agrees to make available to the Borough one channel for educational
access and one channel for local access which may be shared with commercial
leased access at the company's discretion.
C.Â
The Borough agrees that company shall retain the right to use the
educational access channel, or portion thereof, for non-PEG access
programming, during times when the Borough is not utilizing the channel
for purposes of providing access programming. In the event that the
company uses said educational 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 Borough's
provision of PEG access programming on such channel.
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 § A236-22 of this ordinance shall be the sole conditions governing the authorization and identification required for the entrance onto public or private property imposed upon 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 Borough by the company,
except as modified herein, are binding upon the company as terms and
conditions of this consent. The application and any other written
amendments thereto submitted by the company in connection with this
consent are incorporated in this ordinance by reference and made a
part hereof, except as specifically modified, changed, limited, or
altered by this ordinance, 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.
If any section, subsection, sentence, clause, phrase, or portion
of this ordinance is for any reason held invalid or unconstitutional
by any court 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 portion thereof.
A.Â
Notices required under this ordinance shall 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 ordinance
shall run from receipt of such written notice.
(1)Â
Notices to the company shall be mailed to:
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Altice USA
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1 Court Square West, 49th Floor
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Long Island City, NY 11101
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Attention: Senior Vice President for Government Affairs
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(2)Â
With a copy to:
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CSC TKR, LLC
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c/o Altice USA
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1 Court Square West
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Long Island City, NY 11101
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Attention: Legal Department
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(3)Â
Notices to the Borough shall be mailed to:
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Borough of Hamburg
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16 Wallkill Avenue
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Hamburg, NJ 07419
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Attention: Borough Clerk
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B.Â
Notwithstanding anything herein to the contrary, regulatory notices
from Cablevision to the Borough which are required pursuant to state
and federal rules and regulations may be served electronically upon
the Borough, instead of by first-class mail as described above, to
an email address provided by the Borough.
This ordinance shall take effect upon issuance of a certificate
of approval as issued by the Board of Public Utilities that incorporates
the material terms of this ordinance. Nothing herein shall alter the
right of the company to seek modification of this ordinance 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 ordinance will no longer be
in effect upon the company converting the municipal consent (and any
certificate of approval) into a system-wide franchise.
