[HISTORY: Adopted by the Mayor and Council
of the Borough of Park Ridge 2-13-1990 by Ord. No. 90-1.[1] Amendments noted where applicable.]
The Borough of Park Ridge hereby grants to Micro
Cable Communications, Inc., doing business as U.A. Columbia Cablevision
of New Jersey, its nonexclusive consent to place in, upon, along,
across, above, over and under the highways, streets, alleys, sidewalks,
public ways and public places in the Borough poles, wires, cables,
underground conduits, manholes and other television conductors and
fixtures necessary for the maintenance and operation in the Borough
of a cable television system and cable communications system. Construction
and operation pursuant to this 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 meanings
given herein. Such meaning or definition of terms is supplemental
to those definitions of the Federal Communications Commission, FCC
Rules and Regulations, 47 CFR 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.
The grantee of rights under this ordinance, known as "U.A.
Columbia Cablevision of New Jersey."
The Borough of Park Ridge, County of Bergen, in the State
of New Jersey.
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. The hearing having been held
as above stated and the hearing having been fully open to the public
and the Borough having received at the hearing 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 and that the company's
operation and construction arrangements are adequate and feasible.
The consent herein granted shall expire in 10
years from the date of the expiration of the original certificate
of approval as issued by the Board of Public Utilities, subject to
the company's performing the services, construction and payment of
all required fees.
If the company 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 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 a time that
a decision is made by the municipal governing body relative to the
renewal of said consent.
Pursuant to the terms and conditions of the
Act, the company shall, during each year of operation under the consent
granted herein, pay to the Borough 2% of the gross revenues from all
recurring charges in the nature of subscription fees paid by subscribers
to its cable television reception service in the municipality or any
amount permitted by the New Jersey Cable Television Act or otherwise
allowed by law. In the event that the franchise fee is increased by
law or practice, then the company shall increase the amount paid to
the Borough equal to the increase. This requirement shall continue
throughout the term of this franchise.
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, provided that
the company installs a fiber optic trunk line from the receiving station
in Wayne to a subhead to be located in the north-central part of Bergen
County, reduces the number of amplifiers feeding the Borough to a
maximum of 20; all of the signal improvement, including the fiber
optic trunk line and the reduction of amplifiers, shall be done by
not later than December 31, 1993; and the channel capacity shall be
increased from the present 36 channels to 50 or more channels.
The company shall be required to proffer service
along any public right-of-way to any person's residence or business
located in those areas of the franchise territory described herein,
in accordance with the proposal for the provision of services as described
in the application.
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.
(1)
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 written notice by the Borough,
shall remove, relay and relocate its equipment, at the expense of
the company.
(2)
The company shall temporarily move or remove appropriate
parts of its facilities to allow moving of buildings or machinery
or in other similar circumstances. The expense shall be borne by the
party requesting such action, except when requested by the Borough,
in which case the company shall bear the cost.
C.
Removal or trimming of trees. During the exercise
of its rights and privileges under this franchise, the company shall
have the authority, upon reasonable written notice to the Borough,
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 and cables of the company.
Such trimming shall be only to the extent necessary to maintain proper
clearance for the company's facilities.
The company shall provide installation to any
person's residence or business as described in its application.
The consent granted herein to the company shall
apply to the entirety of the Borough of Park Ridge 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
within a ten-mile radius of the Municipal Building or the Borough
of Park Ridge in the State of New Jersey 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, and shall
be accessible by a toll-free phone number during that time period.
The Borough Administrator is hereby designated
as the municipal complaint officer to receive and act on written complaints
by subscribers to cable television reception and/or service provided
pursuant to this franchise. The municipal complaint officer shall
notify the company within two working days of the receipt of all written
complaints, and the company shall respond to said complaints within
two working days thereafter. The municipal complaint officer shall
prepare and file with the governing body of the municipality and with
the company a report of the disposition of each complaint within one
week after filing of the complaint with the complaint officer.
During the life of the franchise, the company
shall post corporate surety to the Borough, which bond shall be in
the amount of $25,000, to insure the faithful performance of all undertakings
of the company as represented in its application for municipal consent
incorporated herein.
The Borough, having determined that the rates
for all services, except second set changes, proposed in the application
for cable television reception service are reasonable, approves them
as presented. The monthly service charge of $4 with converter or $3
without converter for a second television set is not reasonable. This
charge is disapproved by the Borough and not an approved rate change.
The company shall not charge for any service when there has been more
than two continuous hours' outage of service in any one day. In addition,
for each educational and public library facility, the company shall
provide one initial outlet free of charge. Installation of all other
outlets beyond the first shall be on a cost-plus-labor basis. The
company shall provide free service during continuation of the connection,
and there shall be no disconnect or reconnect charges. The education
and governmental channels are to be provided free.
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.
In the event that the Borough determines that
it is necessary and feasible for it to contract with the company for
the purposes of providing two-way service and procures prior Federal
Communications Commission approval based on a showing of need, the
company shall be required to apply for all necessary governmental
approvals and authorizations to enter into and establish the terms
and conditions of such contract. All costs for such application shall
be borne by the Borough.
In the event that the Borough determines that
it is necessary and feasible for it to contract with the company for
the purposes of providing interconnection services, the Borough may
apply for all authorizations required by law, state and federal, for
approval to enter into and establish the terms and conditions of such
contract. All costs for such application shall be borne by the Borough.
The municipality finds that the equipment and/or personnel to be provided by the company for public, education or governmental use as provided in the application of the company for municipal consent is reasonable with the improvements or construction as required by § A126-7.
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 municipality.
The company shall in no way be held liable for any injury suffered
by the municipality 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 municipality 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 insurance insuring the Borough and the
company against all liability for death, personal injury, property
damage or other liability arising out of the company's construction
and operation of its CATV system. Such insurance coverage shall be
not less than $1,000,000 for bodily injury or death and not less than
$25,000 for property damage. The company shall file with the Borough
Clerk proper evidence of such coverage and shall notify the Borough
of Park Ridge of any changes in coverage, cancellation or nonrenewal.
The company shall not cancel or change the coverage without first
giving the Borough of Park Ridge 10 days' advance notice.
Any portion of the application which is in conflict
with the provisions of the Cable Television Act, N.J.S.A. 48:5A-1
et seq., the Cable Communications Policy Act, 47 U.S.C. § 521
et seq., and/or FCC Rules and Regulations, 76.1 et seq., as amended,
is not to be construed as effective under the terms of this ordinance.
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.
The revocation of a franchise is permissible
only upon petition by the Borough to and approved by the Board of
Public Utilities pursuant to N.J.S.A. 48:5A-47. The Borough shall
have the right to petition for such revocation for any alleged violation
of the terms of this ordinance by the company.
The company specifically consents that when
it offers or provides any type of rate reduction, free service or
installation to any other subscriber or potential subscriber in any
other municipality in its system, these same reductions, free service
or installation shall be offered to the subscribers in the Borough.
The company specifically consents to offer to the subscribers in the
Borough any and all additional channels, program or viewing opportunity
it offers, provides or will offer or provide to any other subscriber
in any other municipality.
This ordinance shall take effect upon publication
of notice of final passage and approval thereof as required by law.
