[HISTORY: Adopted by the Town Council of the Town of Phillipsburg 7-19-2022 by Ord. No. O:2022-23:2012-17.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance superseded former Ch. A640,
Cable Television Franchise, adopted 9-4-2012 by Ord. No. O:2012-17.
The Town hereby grants to Comcast of its nonexclusive municipal
consent to place in, upon, across, above, over and under highways,
streets, alleys, sidewalks, easements, public ways and public places
in the municipality, poles, wires, cables, underground conduits, manholes
and other television conductors, fixtures, apparatus and equipment
as may be necessary for the construction, operation and maintenance
in the Town of a cable television and communications system. This
consent is subject to the terms and conditions of this chapter and
upon the condition that the company accepts the provisions of this
chapter and confirms that it shall comply with the commitments contained
herein.
For the purpose of this chapter, 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 C.F.R. Subsection 76.1 et seq., and the Cable Communications Policy
Act, 47 U.S.C. Section 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 and state definitions:
Chapter 186 of the General Laws of New Jersey, and subsequent
amendments thereto, N.J.S.A. 48:5A-1, et seq.
The company's application for municipal consent.
The Board of Public Utilities, State of New Jersey.
The one-way transmission to subscribers of (i) video programing
or (ii) other programing service, and subscriber interaction, if required
for the selection or use of such video programming or other programing
service.
The grantee of rights under this chapter and is known as
Comcast of Northwest New Jersey, LLC.
The Federal Communications Commission.
The Office of Cable Television of the Board.
Consists of the area of the municipality where the company
shall provide service at standard and nonstandard installation rates,
as set forth in the map annexed to the company's application
for municipal consent and as agreed to by the parties.
[Amended 3-7-2023 by Ord.
No. O:2023-03]
Town of Phillipsburg, County of Warren, 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. Said hearing having been held and fully
open to the public, and the municipality having received all comments
regarding the qualifications of the company to receive this consent,
and the representations of the company that the company possesses
the necessary legal, technical, character, financial and other qualifications
and that the company's operating and construction arrangements
are adequate and feasible.
A.
The nonexclusive municipal consent granted herein shall expire 10
years from the effective date.
B.
In the event that the municipality shall find that the company has
not substantially complied with the material terms and conditions
of this chapter, the municipality shall have the right to petition
the OCTV, pursuant to N.J.S.A. 48:5A-47, for appropriate action, including
modification and/or termination of the certificate of approval; provided
however, that the municipality shall first have given the company
written notice of all alleged instances of noncompliance and an opportunity
to cure same within 90 days of that notification.
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 Town 2% of the gross revenues from all recurring charges
in the nature of subscription fees paid by subscribers for cable service
in the Town or any higher amount permitted by the Act or otherwise
allowable by law, whichever is greater.
The consent granted under this chapter for the franchise shall
apply to the entirety of the municipality and any property subsequently
annexed hereto.
[Amended 3-7-2023 by Ord.
No. O:2023-03]
The company shall be required to proffer service to any residence
along any public right-of-way in the primary service area, as set
forth in the company's application. Any extension of plant beyond
the primary service area shall be governed by the company's line
extension policy, as set forth in the company's application,
with a HPM ("homes-per-mile") of 35 dwellings per linear mile from
the nearest active trunk or feeder line.
A.
Restoration. In the event that the company or its agents shall disturb
any pavement, street surfaces, sidewalks, driveways, or other surface
in the natural topography, the company shall, at its sole expense,
restore and replace such places or things so disturbed in as reasonably
good a condition as existed prior to the commencement of said work.
B.
Relocation. If at any time during the period of this consent, the
city shall alter or change the grade of any street, alley or other
way or place the Company, upon reasonable notice by the city, shall
remove, re-lay or relocate its equipment, at the expense of the company.
C.
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 or other
public places of the city so as to prevent the 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 of the company's wire and cables.
In providing cable service to its customers, the company shall
comply with N.J.A.C. 14:18-1, et seq. and all applicable state and
federal statutes and regulations. The company shall strive to meet
or exceed all voluntary company and industry standards in the delivery
of customer service.
A.
The company shall continue to comply fully with all applicable state
and federal statutes and regulations regarding credit for outages,
the reporting of same to regulatory agencies and notification of same
to customers.
B.
The company shall continue to fully comply with all applicable state
and federal statutes and regulations regarding the availability of
devices for the hearing impaired and the notification of same to customers.
C.
Nothing herein shall impair the right of any subscriber or the Town
to express any comment with respect to telephone accessibility to
the Complaint Officer or impair the right of the Complaint Officer
to take any action that is permitted under applicable law.
The Office of Cable Television is hereby designated as the Complaint
Officer for the Town pursuant to N.J.S.A. 48:5A-26(b). All complaints
shall be received and processed in accordance with N.J.A.C. 14:17-6.5.
The Town shall have the right to request copies of records and reports
pertaining to complaints by Town customers from the OCTV.
During the term of this franchise, and any renewal thereof,
the Company shall maintain a business office or agent in accordance
with N.J.A.C. 14:18-5.1 for the purpose of receiving, investigating
and resolving local complaints regarding the quality of service, equipment
malfunctions, and similar matters.
During the life of the franchise the company shall give to the
municipality a performance bond in the amount of $25,000. Such bond
shall be to insure the faithful performance of all undertakings of
the company as represented in its application for municipal consent
incorporated herein.
The rates of the company shall be subject to regulation as permitted
by federal and state law.
[Amended 3-7-2023 by Ord.
No. O:2023-03]
A.
Subject to applicable law, the company will provide courtesy cable
television service on one outlet, to the municipal building, fire
department facility, first aid squad, library, community or senior
center and public works facility, provided each facility is within
200 feet of active cable distribution plant. Each additional outlet
installed, if any, shall be paid for on a materials plus labor basis
by the Town. Monthly service charges shall be waived on all additional
outlets except for equipment.
B.
Subject to applicable law, the company will provide courtesy cable
television service on one outlet, to each public and private school
in the municipality, provided each facility is within 200 feet of
active cable distribution plant. Each additional outlet installed,
if any, shall be paid for on a materials plus labor basis by the school
requesting service. Monthly service charges shall be waived on all
additional outlets except for equipment.
C.
The Communications Act of 1934, as amended [47 U.S.C. § 543(b)(4)],
allows the company to itemize and/or identify the amount on the monthly
bill assessed to satisfy any requirements imposed on the company by
the cable franchise to support public, educational, and governmental
channels, or the use of such channels or any other services required
under the franchise. The company reserves its external cost, pass-through
rights to the extent permitted by law.
[Amended 3-7-2023 by Ord.
No. O:2023-03]
A.
The company shall make available a system-wide public access channel
maintained by the company. Qualified individuals and organizations
may utilize public access for the purpose of cablecasting noncommercial
access programming in conformance with the company's published
public access rules.
B.
The company shall provide a system-wide leased access channel maintained
by the company for the purpose of cablecasting commercial leased access
programming in conformance with the company's guideline and applicable
state and federal statutes and regulations.
C.
The company shall not exercise editorial control over any educational
or governmental use PEG access channels, except company may refuse
to transmit any educational or governmental access program or portion
of an educational or governmental access program that contains obscenity,
indecency, or nudity.
D.
The company shall take any steps that are necessary to ensure that
the signals originated on the access channels are carried without
material degradation, and with a signal whose quality is equal to
that of the other standard channels that the company transmits.
A.
The company will comply with the Emergency Alert System ("EAS") rules
in accordance with applicable state and federal statutes and regulations.
B.
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 company shall at all times maintain a comprehensive general
liability insurance policy with a single-limit amount of $1,000,000
covering liability for any death, personal injury, property damages
or other liability arising out of its construction and operation of
the cable television system, and an excess liability (or "umbrella")
policy in the amount of $5,000,000.
All of the statements and commitments contained in the application
or annexed thereto and incorporated therein, and any amendment thereto,
except as modified herein, are binding upon the company as terms and
conditions of this consent. The application and other relevant writings
submitted by the company shall be annexed hereto and made a part hereof
by reference provided same do not conflict with applicable state or
federal law.
Should the municipality grant a franchise or other authorization
to construct, operate and maintain a cable television system to any
other person, corporation or entity on terms materially less burdensome
or more favorable than the terms contained herein, the company may
substitute such language that is more favorable or less burdensome
for the comparable provision of this chapter subject to the provisions
of N.J.A.C. 14:17-6.7.
If any section, subsection, sentence, clause, phrase, or other
portion of this chapter is, for any reason, declared invalid, in whole
or in part, by any court, agency, commission, legislative body, or
other authority of competent jurisdiction, such portion shall be deemed
a separate, distinct, and independent portion. Such declaration shall
not affect the validity of the remaining portions hereof, which other
portions shall continue in full force and effect.
Nothing in this franchise or in any prior agreement is or was
intended to confer third-party beneficiary status on any member of
the public to enforce the terms of such agreements or franchise.
The municipality shall endeavor to exercise reasonable efforts
to require developers and utility companies to provide the company
with at least 15 days' advance notice of an available open trench
for the placement of necessary cable.
[Added 3-7-2023 by Ord.
No. O:2023-03]
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 municipality.
This chapter shall take effect immediately upon issuance of
a certificate of approval from the BPU.
