[HISTORY: Adopted by the Mayor and Council of the Borough of River
Edge 8-4-1997 by Ord. No. 1189. Amendments noted where applicable.]
The borough hereby grants to the company 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 River
Edge of a cable television system and cable communications system in accordance
with the application filed. Said nonexclusive consent is subject to the approval
of the New Jersey Board of Public Utilities (hereinafter the "Board").
For the purpose of this ordinance, the following terms, phrases, words
and their derivations shall have the meaning given herein. Such meanings of
definitions of terms are supplemental to those definitions of the Federal
Communications Commission, FCC Rules and Regulations (47 CFR 76.1 et seq.),
and the Communications Act of 1934 and its amendments (47 U.S.C. § 521
et seq.) and the New Jersey 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 definition:
Chapter 186 of the General Laws of New Jersey, 1972, and subsequent amendments thereto N.J.S.A. 48:5A-1 et seq.
The New Jersey Board of Public Utilities.
The Borough of River Edge, County of Bergen, State of New Jersey.
The grantee of rights under this ordinance and is known as "TCI of
Northern New Jersey, Inc."
The Communications Act of 1934 and its amendments, 47 U.S.C. § 521
et seq.
The New Jersey Board of Public Utilities, Office of Cable Television.
A public hearing concerning the consent herein granted to the company
is to be held after proper public notice pursuant to the terms and conditions
of the Act. Said hearing shall have been fully open to the public in accordance
with law, and the borough shall receive at said hearing all comments regarding
the qualifications of the company to receive this consent, including but not
limited to its legal, technical, financial and other construction of a cable
television system within the municipality.
The consent herein granted shall expire 10 years from the date of the
expiration of the original certificate of approval as issued by the Board.
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 Televisions 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 as a decision is made by the governing body of the borough
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 borough or any amount permitted by the New Jersey Cable Television
Act. In the event that the State of New Jersey shall increase the cap of 2%
of gross revenues, it is understood and agreed that the Borough of River Edge
shall be entitled to said increase in the franchise fee without formal petition
to the New Jersey Board of Public Utilities.
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.
The company shall be required to provide 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. Any additional extension of the
system will be made in accordance with the rules and regulations as promulgated
by the borough.
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 of the borough, 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 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 notice by the borough, shall remove,
relay and relocate its equipment at the expense of the company.
C.
Movement of building and equipment. The company shall
temporarily move or remove appropriate parts of its facilities to allow moving
of building, machinery or in other similar circumstances when reasonably requested
to do so. The expense shall be borne by the party requesting such action,
except when reasonably requested by the borough, 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 so as to prevent the branches of such trees from
coming in contact with the wires, cables or other equipment of the company.
Such trimming shall be only to the extent necessary to maintain proper clearance
for the company's facilities and upon prior written notice, emergency situations
excepted. All notices shall be forwarded to the Borough Clerk for the Borough
of River Edge with a written request to trim trees within the borough. Said
notice shall specify the date and time for tree trimming, the streets and,
where feasible, trees to be trimmed.
The company shall provide installation to any person's residence or
business in accordance with the terms and conditions of the application which
are incorporated herein as if fully set forth at length.
The consent granted herein to the company shall apply to the entirety
of the borough and any property hereafter annexed thereto.
During the terms 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.
The Office of Cable Television is hereby designated as the complaints
officer for the Borough of River Edge. All complaints shall be received and
processed in accordance with the New Jersey Administrative Code (N.J.A.C.
14:17-6.5 et seq.) and amendments thereto.
During the life of the franchise, the company shall maintain a performance
bond to the Borough of River Edge, which bond shall be in the amount of $25,000.
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 rates proposed in the application for cable television reception
service shall be subject to review and regulation by the New Jersey Board
of Public Utilities to the extent 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.
The company shall provide access time to noncommercial public governmental
and educational entities to the extent such access has been offered to the
borough in accordance with the application filed.
A.
The company shall provide the installation of one outlet
and basic monthly service to the borough school system and the library free
of charge. Each additional outlet installation shall be paid for by the institution
on a material-plus-labor basis. Monthly service on such additional outlets
shall be charged at the regular rates for additional outlets.
B.
The company shall offer to the River Edge School System
and Library free internet access through its educational internet service.
Additionally, the company shall provide resident internet service to River
Edge residents once the same becomes available by subscription.
C.
The company shall provide the River Edge fire companies
and the River Edge Department of Public Works with broadcast basic And expanded
basic at no additional charge.
D.
The company shall provide, at no additional charge, broadcast
basic and expanded basic to five classrooms in each River Edge public school
building.
E.
The company shall provide broadcast basic and expanded
basic without any additional charge to the two private schools located within
the Borough of River Edge, namely St. Peter Academy and Yeshiva of River Edge.
Additionally, the company shall offer free internet access through its educational
internet service at the aforesaid schools.
F.
The company shall provide, at no additional charge, broadcast
basic and expanded basic to the River Edge Police Department.
The borough finds that the equipment and/or personnel to be provided
by the company for public, educational or governmental use as provided in
the application is reasonable.
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 broadcast
of emergency messages by the borough. 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 borough is unable to make full use of the
cable television system as contemplated herein. The borough shall also establish
reasonable procedures for such uses.
The company agrees to maintain and keep in full force and effect, at
its sole cost and expense at all times during the term of this consent, sufficient
liability insurance naming the Borough of River Edge as an additional insured
and insuring against loss by any such claim, suit, judgement, execution or
demand in the minimum amounts of $1,000,000 combined limits for bodily injury
or death to one person or resulting from any one accident and for any property
damages resulting from any one accident.
Should the Borough of River Edge establish a Cable Citizen's Advisory
Committee, the company will provide free training and production facilities
to the local committee.
The company shall provide the Borough of River Edge with state of the
art technology and equipment when and if the same becomes available in the
cable industry. The company shall not discriminate or fail to provide the
borough with technology as the same becomes available in the industry during
the term of the franchise.
If the municipality and/or the Board of Public Utilities determines
that it is in the public interest to grant a municipal consent for the operation
of competitive services similar to those offered by the applicant herein,
including but not limited to terms and conditions pertaining to the territorial
extent of the municipality, system design, technical performance standards,
construction schedules, performance bonds, standards for construction and
installation of facilities service to subscribers, public, educational and
government access channels programming and obligations, liability and indemnification
and franchise fees, materially different from those set out herein, either
the applicant or the municipality may petition the Board of Utilities for
an order approving modification of the terms and conditions of the municipal
consent so that they are consistent with those of the subsequently issued
municipal consent. In the event of the filing of such a petition by either
the municipality or the applicant, the applicant or the municipality, respectively,
shall have the right to intervene in the proceeding, without objection from
the other party. Nothing herein shall preclude the municipality and the applicant
from agreeing to the modification of the terms and conditions hereof at any
time, subject to the approval of the Board of Public Utilities.
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
as long as they do not conflict with state for federal law.
In the event that any portion of the application or this ordinance is
in conflict with the provisions of the Cable Television Act (N.J.S.A. 48:5A-1
et seq.), the Communications Act of 1934 and its amendments (47 U.S.C. § 521
et seq.) and/or FCC Rules and Regulations (47 CFR 76.1 et seq.), as amended,
such portion shall not be construed as effective and shall be severable. The
remainder of the application and/or this ordinance not so affected shall remain
in full force and effect.
If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held invalid or unconstitutional by any court
or federal or state agency of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and such holding shall
not effect the validity of the remaining portions hereof.
This municipal consent shall become effective as of the date of publication
in accordance with the law and the company's written acceptance of the terms
and conditions hereof.
