[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:
- ACT or CABLE TELEVISION ACT
- 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."
- FEDERAL ACT
- The Communications Act of 1934 and its amendments, 47 U.S.C. § 521 et seq.
- OFFICE OF CABLE TELEVISION
- 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.
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.
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.
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.
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.
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.
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.
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.
The company shall provide, at no additional charge, broadcast basic and expanded basic to five classrooms in each River Edge public school building.
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.
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.