[HISTORY: Adopted by the Mayor and Council
of the Borough of Middlesex as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-12-2013 by Ord. No. 1844[1]]
[1]
Editor's Note: This ordinance also superseded former Art.
I, Cable Television, adopted 8-28-2001 by Ord. No. 1531.
For the purpose of this ordinance, the terms defined above[1] 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 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 Middlesex in the County
of Middlesex, and the State of New Jersey.
CSC TKR, LLC d/b/a Cablevision of Raritan Valley ("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 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 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 et seq., or as such regulations may be amended.
[1]
Editor's Note: The introduction to this ordinance provided
that the Borough of Middlesex shall be referred to as the "Borough";
that CSC TKR, LLC d/b/a Cablevision of Raritan Valley shall be referred
to as "the company" or "Cablevision"; and that the nonexclusive franchise
granted by this ordinance shall be referred to as the "franchise."
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 Borough 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 Borough 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 Borough 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 Borough 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 ordinance to Cablevision shall
apply to the entirety of the Borough 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 portion of the franchise territory, as described in the application
for municipal consent, at Cablevision's schedule of rates for
standard and nonstandard installation.
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 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 Borough. In the
event applicable law hereinafter permits a larger franchise fee to
be collected, but does not fix the amount thereof, the Borough and
Cablevision 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 Cablevision
that is higher than the fee paid by all other cable television service
providers offering service in the Municipality.
A.Â
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
Borough.
B.Â
Upon written request from the Borough, the company shall provide
to state and locally accredited elementary and secondary schools and
municipal public libraries in the Borough, without charge, the following:
one standard installation per school or library; one cable modem per
installation; and basic cable modem service for the term of this ordinance
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 Borough, the company shall provide
to one municipally owned facility, without charge, the following:
one standard installation; one cable modem per installation; and basic
cable modem service for the term of this ordinance 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.
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 Borough:
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 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.
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 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.
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 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.
Cablevision shall obtain and maintain, at its sole cost and
expense, during the entire term of this agreement, a bond to the municipality
in the amount of $25,000. Such bond shall be to insure 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
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;
(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;
(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 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 upon Board approval of a certification that
another cable television service provider offering services to residents
of the Township files, in accordance with N.J.S.A. 48:5A-30(d), is
capable of serving 60% or more of the households within the Township.
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 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 municipality 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 multi-channel video program
provider not subject to the Borough's regulatory authority within
the Borough creates a significant competitive disadvantage to Cablevision,
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 Cablevision'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 multi-channel
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,
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
Cablevision shall continue to make noncommercial public, educational
and governmental (PEG) access services available to the residents
of the Borough 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 Borough 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 Borough 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 Borough's provision of PEG access programming
on such channel.
C.Â
Cablevision shall have discretion to determine the format and method
of transmission of the PEG access programming provided for in this
§ A157-17.4.
D.Â
Upon 180 days' prior written notice, Cablevision shall construct
and maintain a fiber access return line at one facility designated
by the Borough within the serviceable franchise territory of the Borough,
for use by the Borough in the production of noncommercial educational
and governmental access programming on the cable system.
E.Â
Cablevision shall provide the Borough with a one-time PEG grant of
up to $15,000 payable as follows: an initial grant payment of $4,020
within 60 days of the issuance of the certificate of approval by the
Board of Public Utilities (the "initial grant"); and a grant of $1,220
provided in annual installments, upon written request by the Borough
(the "annual grant"). The annual grant shall be payable to the Borough
within 90 days from receipt of the Borough's written request.
Cablevision shall not be obligated to make any additional payments
beyond year ten of the franchise term.
F.Â
The Borough agrees that the initial grant and the annual grant provided pursuant to Subsection E, shall be used for the exclusive support of PEG access programming, such as the purchase and/or rental of PEG access equipment and facilities. On request, the Borough shall provide Cablevision with a certification of compliance with this § A157-17.4F.
G.Â
The company shall have no further obligation to provide any PEG grant
payments due and payable after the date upon which the company converts
the municipal consent granted herein to a system-wide franchise in
accordance with N.J.S.A. 48:5A-25.1.
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 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 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.
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.
A.Â
Notices to the company shall be mailed to:
|
Cablevision Systems Corporation
111 Stewart Avenue
Bethpage, NY 11714
Attention: Vice President for Government/Public Affairs, New
Jersey
| |
|
With a copy to:
| |
|
CSC TKR, LLC d/b/a Cablevision of Raritan Valley
1111 Stewart Avenue
Bethpage, NY 11714
Attention: Legal Department
|
B.Â
Notices to the Borough shall be mailed to:
|
Borough of Middlesex
1200 Mountain Avenue
Middlesex, NJ 08846
Attention: Borough Administrator
|
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.
[Adopted 5-11-2010 by Ord. No. 1761]
Pursuant to the provisions of N.J.S.A. 48:17-10, N.J.S.A. 48:17-11
and N.J.S.A. 48:17-12, permission and consent is hereby granted to
Verizon New Jersey, Inc. (the "company"), its successors and assigns
to install, operate, inspect, maintain, repair, replace and remove
its communications facilities and other transmission or process equipment,
including underground facilities, such as conduits, manholes, cables,
wires and all other facilities appurtenant thereto, and aboveground
facilities, such as cables, wires, antennas, poles, posts, supports,
guys, pedestals, cable termination and distribution cabinets and all
other facilities appurtenant thereto, in, through, upon, along, over,
under and across all of the various public streets and ways, which
include the roads, avenues, rights-of-way, sidewalks, highways, bridges,
waterways and other public places, and parts thereof, throughout their
entire length, and to effect the necessary street openings and lateral
connections to curb poles, property lines and other facilities in
the Borough of Middlesex (the "Borough") for said company's local
and through lines and other communications facilities in connection
with the transaction of its business. In the event that any public
street or way where the company has facilities is vacated by the Borough,
the Borough agrees to reserve unto said company the rights granted
the company by the present ordinance.
All poles, posts, pedestals, cabinets or other facilities shall
be located and placed back of the curblines where shown on the Official
Map(s) of the Borough; the poles and posts, however, shall be located
within 18 inches of the face of such curbline or as may otherwise
be mutually agreed by both parties, or at the points or places now
occupied by the poles, posts, pedestals, cabinets or other facilities
of the company, its successors and assigns, and, where there are no
curblines, at other convenient points or places in, upon, along, adjacent
to or across the public streets and ways as may be mutually agreed
upon between the parties.
The company may bury its local and through communications facilities
such as cables, conduit, manholes and associated equipment, fixtures,
process equipment and appurtenances within the right-of-way of the
various public streets and ways and at such locations as shall be
mutually agreed upon by the parties for said company's local
and through lines and communications facilities. Underground conduits
and associated facilities, as aforementioned, shall be placed at least
18 inches below the surface of said public streets and ways and, with
the exception of lateral branches to curb poles and property lines
and other facilities, the same shall generally not be constructed
more than 10 feet from the curbline, unless obstructions make it necessary
to deviate from such course or unless the parties mutually agree to
another location. Manholes shall be located at such points along the
line of underground conduits as may be necessary or convenient for
placing, maintaining and operating the facilities, as aforementioned,
which the company may from time to time use in connection with its
underground conduit system and shall be so constructed as to conform
to the cross-sectional and longitudinal grade of the surface so as
not to interfere with the safety or convenience of persons or vehicles.
Before proceeding with any new construction or relocation work
in an area covered by this ordinance, the company shall give prior
notice in writing thereof to the Borough, through its designated representative,
of its intention to perform such work. The company shall obtain such
street opening or excavation permits as may be lawfully required by
any applicable ordinances regulating such openings or excavations.
Any such area affected by the company in constructing its facilities
shall be restored to as good condition as it was before the commencement
of work thereon. No public streets or ways shall be encumbered for
a period longer than shall be reasonable to execute the work.
The company agrees to indemnify and save harmless the Borough
from and against all claims and liabilities resulting from any injury
or damage to the person or property of any person, firm or corporation
caused by or arising out of road conditions resulting from any negligent
or faulty excavations, installation or maintenance connected with
the work or equipment of said company, and not attributable to the
fault or negligence of the Borough, except that if such injury or
damage shall be caused by the joint or concurring negligence or fault
of the company and the Borough, the same shall be borne by them to
the extent of their respective fault or negligence.
Whenever a curbline shall be established on streets where one
does not now exist or where an established curbline shall be relocated
in order to widen an existing street in conjunction with road construction
being performed by the Borough, the company shall change the location
of its aboveground facilities covered by this ordinance in accordance
with applicable law, so that the same shall be back of, and adjacent
to, the new curbline so long as the Borough has acted in accordance
with applicable law and with reasonable care in establishing the new
curbline and providing notice thereof.
Any company or corporation having legal authority to place its
facilities in the public streets and ways of the Borough may jointly
use the company's poles, posts, pedestals or other structures
for all lawful purposes, provided that the company consents to such
use, on terms and conditions acceptable to the company and not inconsistent
with the provisions of the present ordinance.
The company shall provide space, to the extent available, on its poles so long as said poles are occupied by the company and space, to the extent available, in its main conduits existing on the date of passage of this ordinance, but not exceeding one duct of standard size, for the sole benefit of the Borough during the pendency of this ordinance. Such space shall be provided for the exclusive use of the Borough, which use shall be limited to accommodating the wires or electrical conductors required for one-way signal control in connection with municipal police patrol, fire alarm signal control and traffic signal control systems only; but for no other uses or purposes, either alone or in conjunction therewith; nor for circuits for the supply of electrical energy for traffic or other signals; nor for wires, conductors, cable or the equivalent which provide a means of transmitting any signal to a private, commercial or residential location, and which is normally provided by a nongovernmental supplier; provided, further, that no such use or attachment by the Borough shall interfere with the plant or facilities of or the use thereof by the company. All costs or expenses incurred by the company in connection therewith shall be paid by the Borough. It shall be the obligation of the Borough to attach its wires to the poles or place its electric conductors in the conduits or manholes of the company, provided that, before proceeding with said work, either by itself or by a person, firm or corporation engaged to perform such work, the Borough shall give the company 30 days' prior notice in writing. All such work shall be performed under the supervision of said company. The Borough will indemnify and save harmless the company from and against all claims, liabilities or demands arising in any manner in connection with the Borough's wires or facilities or their installation, maintenance, operation or removal, or the Borough's use or enjoyment of the company's plant or facilities provided under this § A457-25.
If any or all of the said streets or ways are later taken over
by the County of Middlesex or the State of New Jersey, such county
or state shall have such rights and privileges and be subject to the
same terms, conditions and limitations of use as apply herein to the
Borough; provided, however, that satisfactory prior arrangements as
may be necessary are made with the Borough and the company for the
full protection of the respective interest of each.
The term "Borough" as used in this ordinance shall be held to
apply to and include any form of municipality or government into which
the Borough or any part thereof may at any time hereafter be changed,
annexed or merged.
The permission and consent hereby granted shall apply to and
cover all communications facilities of the company existing at any
time, and related structures, process equipment and appurtenances
heretofore or hereafter erected, constructed, reconstructed, removed,
located, relocated, replaced, maintained, repaired or operated by
the company, its predecessors, successors or assigns within the Borough.
This ordinance shall cancel and supersede all prior consent ordinances
between the Borough and the company regarding the subject matter hereof.
The company shall maintain its property within the Borough and
shall comply with applicable law for the provision of safe, adequate
and proper service at just and reasonable rates, and safeguard the
public interest in continuous and uninterrupted service within the
Borough.
In the event that any provision herein shall for any reason
be illegal or unenforceable under applicable law, such illegality
or unenforceability shall not affect any other provisions of this
ordinance, and this ordinance shall be construed as if such illegal
or unenforceable provision(s) had never been contained herein.
The company shall pay the expenses incurred for advertising
required in connection with the passage of this ordinance, after the
date of its first reading, within 30 days after the company has received
a bill for said advertising from the publisher. Following final passage
of this ordinance, the Borough Clerk shall provide the company with
written notice thereof by certified mail. As provided by applicable
law, this ordinance, and any subsequent amendments, shall not become
effective until acceptance thereof by the company and approval thereof
by the Board of Public Utility Commissioners.
