[HISTORY: Adopted by the Borough Council of the Borough of Hillsdale
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-1-1998 by Ord.
No. 98-24[1]]
[1]
Editor's Note: This ordinance also superseded former Ch. A374, Cable
Television Franchise, adopted 5-9-1989 by Ord. No. 89-11, as amended.
The Borough of Hillsdale hereby grants to Cablevision of N.J., Inc.,
its nonexclusive consent to place in, upon, along, across, above, over and
under the highways, streets, alleys, sidewalks, public underground conduits,
manholes and other television conductors and fixtures necessary for the maintenance
and operation in the Borough of Hillsdale of a cable television system and
cable communications systems. Construction, pursuant to said consent, is conditioned
upon prior approval of the Board of Public Utilities.
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 or state definitions:
Chapter 186 of the General Laws of New Jersey, 1972, and subsequent
amendments thereto; Section 48:5A-1 et seq.
The Board of Public Utilities.
Each grantee of rights under this ordinance and is known as "Cablevision
of N.J." Said term shall be applicable jointly, severally or in the alternative
as the context may require.
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 as above stated and said hearing having
been fully open to the public, and the municipality having received at said
hearing all comments regarding the qualifications of the company to receive
this consent, the Borough of Hillsdale hereby finds the company possesses
the necessary legal, technical, financial and other qualifications and that
the company's operating and construction arrangements are adequate and feasible.
The consent herein granted shall expire 10 years from the date of the
expiration of the prior certificate of approval as issued by the Board of
Public Utilities.
If Cablevision of N.J. seeks a successive consent it shall, prior to
the expiration of this consent, apply for a municipal consent and Certificate
of Approval in accordance with the Cable Television Act, N.J.S.A. 48:5A-11
and 48:5A-16 and applicable state and federal rules and regulations. The company
shall also petition the Board for a certificate of approval authorizing continued
operation during the period following expiration of the consent granted herein,
and until such time that a decision is made by the municipal governing body
relative to the renewal of said consent. Such petition shall be filed at least
60 days prior to the expiration of the initial ten-year consent.
The company shall on or before the 25th day of January of each year
pay to the Chief Fiscal Officer of the municipality a sum equal to 2% of the
gross from all recurring changes in the nature of subscription fees paid by
subscribers to its cable television reception service in the municipality,
which change is hereby imposed as a yearly franchise revenue fund, pursuant
to the Act.
The company shall be required to complete any proposed construction
within the service area described in the application. The timetable as presented
in the application incorporated herein has been determined to be reasonable
by the Borough of Hillsdale.
Cablevision's system in the Borough is a residential full build. Cablevision
shall serve all residents of the Borough located in residentially zoned areas
without application of a line extension policy, though Cablevision's rate
tariffs for standard and nonstandard residential installations as set forth
in its application for franchise shall continue to apply. If a request for
service is made by a resident living in a nonresidentially zoned area, Cablevision
shall apply OCT's line extension policy at 20 homes per mile.
A.
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 said work.
B.
Relocation. If at any time during the period of this
consent, the Borough of Hillsdale shall alter or change the grade of any street,
alley or other way or place, the company, upon reasonable notice by the Borough
of Hillsdale, shall remove, relay and relocate its equipment at the expense
of the company.
C.
The company shall temporarily move or remove appropriate
parts of its facilities to allow moving of buildings, machinery or in other
similar circumstances. The expense shall be borne by the party requesting
such action except when requested by the Borough of Hillsdale, in which case
the company shall bear the cost.
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 and
public places of the Borough of Hillsdale; and keep 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 for the
company's facilities.
The consent granted herein to the company shall apply to the entirety
of the Borough of Hillsdale and any property hereafter annexed thereto.
During the term of this franchise, and any renewal thereof, the company
shall maintain a local business office or agent 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 open during normal business hours, and in no event less than 9:00 a.m.
to 5:00 p.m., Monday through Friday.
A.
During the life of the franchise, the company shall give
a corporate surety bond to the Borough of Hillsdale, which bond shall be in
the amount of $25,000.
B.
Such bond shall be to ensure the faithful performance
of all undertakings of the company as represented in its application for municipal
consent incorporated herein.
The Borough of Hillsdale, having determined that the rates proposed
in the application for cable television reception service are reasonable,
approves them as presented, subject to review and regulation by the Board
of Public Utilities, if permitted by law.
The basic service includes those channels which the company is required
to carry by FCC rules and any channel which the company carries without a
separate or additional charge.
A.
The cable operator shall provide access time to noncommercial
public, governmental and educational entities to the extent such access was
promised to the Borough of Hillsdale in the municipal consent application.
B.
In addition, the company will provide a public access
channel for the cablecasting of noncommercial, public, educational and governmental
access programming. When not utilized locally, the cable operator will program
the channel with system-wide programs of a similar nature. Further, the cable
operator will provide publicity of local programs. Use of the channel is free
of charge to franchise residents.
A.
The company will provide one outlet of free basic cable
service to municipal buildings, including the Borough Hall, firehouse, DPW
and public library. Additional outlets shall be made available at the company's
cost of labor and materials.
B.
The company will provide one outlet of free basic cable
service to all schools in the Borough. Additional outlets shall be made available
at the company's cost of labor and materials.
C.
The company will provide a public access studio for the
use of franchise residents. Use of the studio is free of charge, on a first-come,
first-served basis. In addition to a studio facility, the company will provide
a field camera and editing facilities for public access use. The company will
provide television production training courses free of charge to franchise
residents.
D.
The cable operator will provide closed-circuit video-audio
lines between any schools or public buildings on a cost-plus-materials basis.
E.
The cable operator will pay $1 per subscriber per year
to be used by the Borough for production materials.
The cable operator agrees not to seek surcharges for any of the local
access, free services or similar matters included in this agreement or in
other related agreements.
The Borough of Hillsdale finds that the equipment and/or personnel be
provided by the company for public, educational or governmental use as provided
in the application for municipal consent is reasonable. The company shall
provide a studio for public access programming within a radius of 10 miles
of the municipal building of the Borough of Hillsdale.
The company shall be required to have the capability at the head end
to override the audio portion of the system in order to permit the broadcasting
of emergency messages by the Borough of Hillsdale. The company shall in no
way be held liable for any injury suffered by the Borough of Hillsdale 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 Borough of Hillsdale shall also establish reasonable procedures
for such uses.
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 Hillsdale as an insured and insuring against
loss by any such claim, suit, judgment, execution or demand in the minimum
amounts of $1,000,000 for bodily injury or death to one person and $3,000,000
for property damage resulting from any one accident. The company shall file
with the Borough Clerk proper evidence of such coverage and shall notify the
Borough of Hillsdale of any changes in coverage, cancellation or nonrenewal.
The company shall not cancel or change coverage without first giving the Borough
of Hillsdale 10 days' advance notice.
All of the commitments and statements 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 relevant writings submitted
by the company shall be annexed hereto and made a part hereof by reference
thereto to the extent that they do not conflict with state or federal law.
If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held invalid or unconstitutional by an any court
of federal or state agency 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 portions hereof.
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.
All ordinances and resolutions inconsistent with the provisions of this
ordinance are hereby repealed as to such inconsistencies.
This ordinance shall take effect upon publication of notice of final
passage and approval thereof as required by law.
[Adopted 12-1-1998 by Ord.
No. 98-25]
The Borough of Hillsdale hereby grants to Cablevision of Oakland, Inc.,
its nonexclusive consent to place in, upon, along, across, above, over, and
under the highways, streets, alleys, sidewalks, public underground conduits,
manholes and other television conductors and fixtures necessary for the maintenance
and operation in the Borough of Hillsdale of a cable television system and
cable communications systems. Construct on, pursuant to said consent, is conditioned
upon prior approval of the Board of Public Utilities.
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, F.C.C. Rules and Regulations, 47 CFR Subsection 76.1 et seq.,
and the Cable Communications Policy Act, 47 USC 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 or state definitions:
Chapter 186 of the General Laws of New Jersey, 1972, and subsequent
amendments thereto; Section 48:5A-1 et seq.
The Board of Public Utilities.
Each grantee of rights under this ordinance and is known as Cablevision
of Oakland, Inc. Said term shall be applicable jointly, severally or in the
alternative as the context may require.
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 as above stated and said hearing having
been fully open to the public, and the municipality having received at said
hearing all comments regarding the qualifications of the Company to receive
this consent, the Borough of Hillsdale hereby finds the Company possesses
the necessary legal, technical, financial and other qualifications and that
the company's operating and construction arrangements are adequate and feasible.
The consent herein granted shall expire 10 years from the date of the
expiration of the prior certificate of approval as issued by the Board of
Public Utilities.
If Cablevision of Oakland, Inc., seeks a successive consent it shall,
prior to the expiration of this consent, apply for a municipal consent and
Certificate of Approval in accordance with the Cable Television Act, N.J.S.A.
48:5A-11 and 48:5A-16 and applicable state and federal rules and regulations.
The Company shall also petition the Board for a certificate of approval authorizing
continued operation during the period following expiration of the consent
granted herein, and until such time that a decision is made by the municipal
governing body relative to the renewal of said consent. Such petition shall
be filed at least 60 days prior to the expiration of the initial ten-year
consent.
The company shall on or before the 25th day of January of each year
pay to the Chief Fiscal Officer of the municipality a sum equal to 2% of the
gross from all recurring changes in the nature of subscription fees paid by
subscribers to its cable television reception service in the municipality,
which change is hereby imposed as a yearly franchise revenue fund, pursuant
to the Act.
The company shall be required to complete any proposed construction
within the service area described in the application. The timetable as presented
in the application incorporated herein has been determined to be reasonable
by the Borough of Hillsdale.
Cablevision's system in the Borough is a residential full build. Cablevision
shall serve all residents of the Borough located in residentially zoned areas
without application of a line extension policy, though Cablevision's rate
tariffs for standard and nonstandard residential installations as set forth
in its application for franchise shall continue to apply. If a request for
service is made by a resident living in a nonresidentially zoned area, Cablevision
shall apply OCT's line extension policy at 20 homes per mile.
A.
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 said work.
B.
Relocation. If at any time during the period of this
consent the Borough of Hillsdale shall alter or change the grade of any street,
alley or other way or place, the company, upon reasonable notice by the Borough
of Hillsdale, shall remove, relay and relocate its equipment at the expense
of the company.
C.
The company shall temporarily move or remove appropriate
parts of its facilities to allow moving of buildings, machinery or in other
similar circumstances. The expense shall be borne by the party requesting
such action except when requested by the Borough of Hillsdale, in which case
the company shall bear the cost.
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 and
public places of the Borough of Hillsdale; and keep 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 for the
company's facilities.
The consent granted herein to the company shall apply to the entirety
of the Borough of Hillsdale and any property hereafter annexed thereto.
During the term of this franchise, and any renewal thereof, the company
shall maintain a local business office or agent 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 open during normal business hours, and in no event less than 9:00 a.m.
to 5:00 p.m., Monday through Friday.
A.
During the life of the franchise, the company shall give
a corporate surety bond to the Borough of Hillsdale, which bond shall be in
the amount of $25,000.
B.
Such bond shall be to ensure the faithful performance
of all undertakings of the company as represented in its application for municipal
consent incorporated herein.
The Borough of Hillsdale, having determined that the rates proposed
in the application for cable television reception service are reasonable,
approves them as presented, subject to review and regulation by the Board
of Public Utilities, if permitted by law.
The basic service includes those channels which the company is required
to carry by FCC rules and any channel which the company carries without a
separate or additional charge.
A.
The cable operator shall provide access time to noncommercial
public, governmental and educational entities to the extent such access was
promised to the Borough of Hillsdale in the municipal consent application.
B.
In addition, the company will provide a public access
channel for the cablecasting of noncommercial, public, educational and governmental
access programming. When not utilized locally, the cable operator will program
the channel with system-wide programs of a similar nature. Further, the cable
operator will provide publicity of local programs. Use of the channel is free
of charge to franchise residents.
A.
The company will provide one outlet of free basic cable
service to municipal buildings, including the Borough Hall, firehouse, DPW
and public library. Additional outlets shall be made available at the company's
cost of labor and materials.
B.
The company will provide one outlet of free basic cable
service to all schools in the Borough. Additional outlets shall be made available
at the company's cost of labor and materials.
C.
The company will provide a public access studio for the
use of franchise residents. Use of the studio is free of charge, on a first-come,
first-served basis. In addition to a studio facility, the company will provide
a field camera and editing facilities for public access use. The company will
provide television production training courses free of charge to franchise
residents.
The cable operator agrees not to seek surcharges for any of the local
access, free services or similar matters included in this agreement or in
other related agreements.
The Borough of Hillsdale finds that the equipment and/or personnel to
be provided by the company for public, educational or governmental use as
provided in the application for municipal consent is reasonable. The company
shall provide a studio for public access programming within a radius of 10
miles of the municipal building of the Borough of Hillsdale.
The company shall be required to have the capability at the head end
to override the audio portion of the system in order to permit the broadcasting
of emergency messages by the Borough of Hillsdale. The company shall in no
way be held liable for any injury suffered by the Borough of Hillsdale 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 Borough of Hillsdale shall also establish reasonable procedures
for such uses.
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 Hillsdale as an insured and insuring against
loss by any such claim, suit, judgment, execution or demand in the minimum
amounts of $1,000,000 for bodily injury or death to one person and $3,000,000
for property damage resulting from any one accident. The company shall file
with the Borough Clerk proper evidence of such coverage and shall notify the
Borough of Hillsdale of any changes in coverage, cancellation or nonrenewal.
The company shall not cancel or change coverage without first giving the Borough
of Hillsdale 10 days' advance notice.
All of the commitments and statements 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 relevant writings submitted
by the company shall be annexed hereto and made a part hereof by reference
thereto to the extent that they do not conflict with state or federal law.
If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held invalid or unconstitutional by any court
of federal or state agency 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 portions hereof.
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.
All ordinances and resolutions inconsistent with the provisions of this
ordinance are hereby repealed as to such inconsistencies.
This ordinance shall take effect upon publication of notice of final
passage and approval thereof as required by law.
