[HISTORY: Adopted by the Township Committee
of the Township of Hanover 6-28-2001 by Ord. No. 16-2001.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded
former Ch. A343, Cable Television Franchise, adopted 8-12-1993 by
Ord. No. 29-93.
As used in this ordinance, the following terms
shall have the meanings indicated:
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 office of the Business Administrator/Township
Clerk, 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.
CSC TKR, Inc., d/b/a Cablevision of Morris (Cablevision),
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.
§ 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 Section 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 Section 76.3), or as
such regulations may be amended.
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/or N.J.A.C. 14:18-1 et seq.
The Township Committee, the governing body of the Township
of Hanover in the County of Morris, and State of New Jersey and may
be used interchangeably with the term "municipality."
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 municipality having received
all comments regarding the qualifications of Cablevision to receive
this consent, the Township hereby finds that 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 Township of a cable
television system, and for the provision of any communication service
over such system as may be authorized by federal or state regulatory
agencies. Operation and construction, pursuant to said consent, is
conditioned upon prior approval of the Board of Public Utilities.
The consent herein granted shall be nonexclusive
and shall expire on October 17, 2007, 7Â 1/2 years from the date
of the expiration of the current certificate of approval, that is,
April 17, 2000, as issued by the Board of Public Utilities.
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. The company
shall also petition the Board for approval authorizing continued operation
during the period following expiration of the consent granted herein
and until such a time that a decision is made by the Township and
the Board relative to the renewal of said consent.
The consent granted under this ordinance to
Cablevision shall apply to the entire Township and any property hereafter
annexed.
A.Â
Cablevision shall be required to proffer video programming
service along any public right-of-way to any person's residence located
in the service area as designated in the application at tariffed rates
for standard and nonstandard installation.
B.Â
Cablevision shall extend service along any public
right-of-way outside its service area to those residences within the
franchise territory which are located in areas that have a residential
density of 25 homes per mile or greater, or areas with less than 25
homes per mile where residents agree to share the costs of such extension
in accordance with the line extension formula as provided by the company
in its application for municipal consent.
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 Township. 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.
Cablevision shall provide, free of charge, one
standard installation and monthly cable television reception service
to all state accredited public schools and all public libraries, as
well as municipal buildings located within the Township as set forth
in Exhibit A[1] to this ordinance (or as set forth in the municipal application).
[1]
Editor's Note: Exhibit A is included at the end of this chapter.
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
plant and facilities in the Township:
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
municipality 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.
C.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.
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
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 only be necessary to maintain proper clearance
for the company's facilities.
A.Â
Cablevision shall comply with the technical and customer
service standards established for the cable industry under applicable
federal and state laws, rules and regulations.
B.Â
In order to maintain its level of telephone accessibility
for calls relating to maintenance and repairs and to improve service
for calls relating to installation, the addition or deletion of programming
services and other customer inquiries, the company shall do the following:
(1)Â
Comply with any and all property adopted rules
and regulations of the Office of Cable Television or other regulatory
bodies insofar as they apply to telephone accessibility.
(2)Â
Meet with the Township's Business Administrator/Township
Clerk and/or his designee on an as-needed basis to discuss the adequacy
or inadequacy of the company's customer service, including telephone
accessibility to Township subscribers. Such meetings shall be held
at the request of the Township and only upon reasonable written notice
to the company. If it is mutually agreed at such meeting or meetings
by the parties that improvement of telephone accessibility is necessary,
then the company shall make its best efforts in improving such accessibility
within a reasonable amount of time.
C.Â
Nothing herein shall impair the right of any subscriber of the Township to express any comment or complaint with respect to telephone accessibility to the Township's complaint officer (as designated in § A343-13 hereof) or impair the right of the complaint officer to take any action which is appropriate under law.
D.Â
The company shall maintain a telephone number by which
subscribers wishing to communicate with Cablevision representatives
by day or evening for any reason can reach it, by toll-free telephone
number, if possible. Such telephone number shall be published in every
monthly bill to the extent required by applicable law.
A.Â
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.
B.Â
In the event of major technical changeovers, the company
shall exchange such equipment for the subscriber at the local area
business office at no additional cost to the subscriber; provided
however, the company may charge for truck rolls, home installations
or trouble calls in accordance with its tariff rates, and the subscriber
may be subject to an increase in charges for such equipment as may
be permissible under applicable state and federal law.
A.Â
Pursuant to N.J.S.A. 48:5A-26a, the Township's Business
Administrator/Township Clerk (hereinafter referred to as the "complaint
officer") is hereby designated as the Municipal complaint officer
to receive and act on complaints by subscribers to cable television
reception service provided to the Township's customer subscribers.
All complaints shall be received and processed in accordance with
the policy established by the Township Committee as set forth below.
B.Â
When a verbal or written complaint is received by
the complaint officer from a subscriber resident concerning any cable
television reception problem or related cable television issue, the
complaint officer and/or his/her designee shall immediately contact
Cablevision by the quickest means possible in order to resolve the
problem. Such notification may be transmitted in writing by regular
mail or by telephone, depending upon the severity of the problem.
C.Â
It shall be the responsibility of the complaint officer
or his/her designee to explain the problem or issue in full to a representative
of Cablevision and to request a response as to the nature or cause
of the problem and when it shall be resolved. Whenever possible, and
depending on the nature and extent of a problem, the company shall
make every good faith attempt to restore service or resolve a related
cable television service issue in accordance with N.J.A.C.14:18-3.13.
The complaint officer will provide the company with the name(s) and
address(es) of the subscriber complainant(s) as well as the essential
facts upon which the complaint(s) is based, including the dates and
times associated with cable reception failure and/or other related
cable television issues which initiated the filing of a complaint.
The complaint officer and the company will make every reasonable effort
to find a solution in a timely fashion.
D.Â
At the request of the Township, the company and the
Township's complaint officer shall meet at least semiannually to review
all matters relating to cable television in the Township, including
customer complaints.
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 naming the Township 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.
Upon the effective date of this franchise, 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 shall be subject to regulation
as permitted by federal and state law.
B.Â
The company shall credit the accounts of Cablevision
subscribers affected by service outages pursuant to any and all properly
adopted rules, regulations of the Office of Cable Television or applicable
state or federal statutes.
C.Â
Cablevision shall implement a senior citizen discount
in the amount of 10% percent off the rate for the monthly basic level
of cable television reception service to any person 62 years of age
or older who subscribes to cable television reception 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;
(2)Â
Subscribers seeking eligibility for the discount
must meet the income and residence requirements of the Pharmaceutical
Assistance to Aged and Disabled (PAAD) Program in the state, pursuant
to N.J.S.A. 30:4D-21; and
(3)Â
The senior citizen discount herein relates only
to the entry level basic rate of cable television reception service
and shall not apply to any additional service, feature or equipment
offered by the company, including premium channel services and pay-per-view
services.
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 municipality 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. 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 Township 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 Township 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.
14:176.7; provided, however, the Township shall be under no obligation
to support Cablevision's request for such relief from the Board.
C.Â
Cablevision represents and acknowledges that, as of
the date of its acceptance of this municipal consent, competition
within the Township has not yet risen to the level of creating a significant
competitive disadvantage sufficient to enable the company to seek
relief under this section.
The company agrees that the capabilities of
the system serving the Township shall be maintained as technologically
current throughout the duration of the Franchise, as compared with
other systems operated by Cablevision in Morris County of comparable
size, measured by the number of subscribers in the system and to the
extent economically reasonable and commercially practicable.
Upon expiration, termination or revocation of
this ordinance, Cablevision, at its sole cost and expense, and upon
direction of the Board of Public Utilities, shall remove the cables
and appurtenant devices constructed or maintained in connection with
the 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
Cablevision shall continue to make available noncommercial
public, educational and governmental (PEG) access as described in
the application for municipal consent.
B.Â
During the franchise period set forth herein, the
Township of Hanover (in accordance with the Cable Act of 1984, Section
626, 47 U.S.C.A. § 546) reserves the right to request that
Cablevision provide the Township with an educational/governmental
access channel (EG) for noncommercial local programming. Said channel
shall be provided and maintained without charge for its use as a composite
EG access channel for the exclusive use by the Township, and state
accredited public educational institutions located within the Township
which are authorized by the Township to utilize such channel. Cablevision
shall also be responsible for developing, implementing, interpreting
and enforcing reasonable rules for access channel use, in accordance
with applicable law.
C.Â
The company will produce, at its expense and upon
request of the Township, two programs on an annual basis for the Township,
provided the company is given at least 30 calendar days' notice to
reasonably approve such requests. Such programs will be aired on the
company's system. The Business Administrator/Township Clerk shall
act as the contact person between the Township and the company with
respect to such matters. Township residents who want the company to
produce a program must present their ideas to the Business Administrator/Township
Clerk who will then, with the approval of the Township Committee,
clear it with the company. If, however, the company has already produced
programs similar to those requested by the Township, those programs
already produced shall count towards the two-program requirement.
Similarly, if the company has already promoted the Township by way
of two programs previously produced by the company during the year,
they shall also be counted towards the company's requirement under
this subsection. The Business Administrator/Township Clerk must approve,
in writing, any program the company wants to count toward its obligation
under this paragraph.
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 writings submitted by Cablevision 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.
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.
This ordinance shall take effect upon issuance
of a certificate of approval as issued by the Board of Public Utilities.
