[HISTORY: Adopted by the Township Committee of the Township of Washington
12-28-1989 by Ord. No. 89-18; amended in its entirety 5-18-2004 by Ord. No.
2004-07. (Ord. No. 89-18 also superseded an ordinance adopted 2-13-1980 relating
to the construction and operation of a cable television system in the Township
of Washington.) Amendments noted where applicable.]
The Township hereby grants to Comcast of Northwest New Jersey, LLC renewal
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 Township, 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
Township of a cable television and communications system.
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:
BASIC CABLE SERVICE
Any service tier, which includes the retransmission of local television
broadcast signals as defined by the FCC.
BOARD OR BPU
The Board of Public Utilities, State of New Jersey.
COMPANY
The grantee of rights under this chapter and is known as Comcast
of Northwest New Jersey, LLC.
FCC
The Federal Communications Commission.
Public hearings conducted by the Township, concerning the renewal of
municipal consent herein granted to the company were held after proper public
notice pursuant to the terms and conditions of the Act and the regulations
of the Board adopted pursuant thereto. Said hearings, having been fully open
to the public, and the Township, having received at said public hearings all
comments regarding the qualifications of the company to receive this renewal
of municipal consent, the Township hereby finds 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 15 years from the date of expiration of the previous certificate of
approval issued by the Board.
B. The consent granted herein is subject to an automatic
renewal term of five years in accordance with the procedures set forth in
N.J.S.A. 48:5A-19 and 25 and N.J.A.C. 14:18-13.6 et seq.
C. 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
Township 2% of the gross revenues from all recurring charges in the nature
of subscription fees paid by subscribers for cable television reception service
in the Township or any higher amount permitted by the Act or otherwise allowable
by law, whichever is greater.
The consent granted under this chapter to the renewal of the franchise
shall apply to the entirety of the Township and any property subsequently
annexed hereto.
The Company shall be required to proffer service to any residence or
business along any public right-of-way in the primary service area, as set
forth in the company's application, at tariffed rates for standard and
nonstandard installations. 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 as described herein.
A. Restoration: In the event that the company or its agents
shall disturb any pavement, street surfaces, sidewalks, driveways, or other
surface in the nature topography, the company shall, at its sole expense,
restore and replace such places or things so disturbed in as 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 municipality shall alter or change the grade of any street, alley
or other way or place, the company, upon reasonable notice by the municipality,
shall remove, re-lay or relocate its equipment, at the expense of the company.
C. Temporary removal of cables: The Company shall temporarily
move, raise, lower or remove appropriate parts of its facilities to allow
for the moving of buildings, and machinery, or in other similar circumstances.
The expenses shall be borne by the party requesting such action, except when
requested by the municipality, 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 or
other public places of the municipality 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. The Company shall provide written notice
to the Township Clerk two weeks prior to any such removal or trimming. Such
notification shall not be required where emergencies exist.
In providing services 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 and shall be prepared
to report on it to the community upon written request of the Township Administrator
or Clerk.
A. The Company shall continue to comply fully with all applicable
state and federal statutes and regulations regarding credits 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. The Company shall use every effort to meet or exceed
voluntary standards for telephone accessibility developed by the National
Cable Telecommunications Association (NCTA). Those standards shall include,
but not be limited to, the goal of answering 80% of incoming telephone calls
within 30 seconds.
D. Nothing herein shall impair the right of any subscriber
or the municipality 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 appropriate under law.
E. The Company is permitted but is not required to charge
a late fee consistent with applicable state and federal statutes and regulations.
The Office of Cable Television is hereby designated as the Complaint
Officer for the municipality 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
Municipality shall have the right to request copies of records and reports
pertaining to complaints by Township customers from the OCTV.
A. During the term 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. Telephone response for such
purposes as mentioned herein will be provided by the company's employees,
representatives or agents 24 hours per day.
B. The telephone number and address of the local office
shall be listed in applicable telephone directories and in correspondence
from the company to the customer. The telephone number for the local office
shall utilize an exchange that is a non-toll call for Township residents.
During the life of the franchise, the company shall give to the municipality
a 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.
A. The Company shall continue to provide residents with
a system-wide public access channel (currently Channel 21) 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 continue to provide a system-wide leased
access channel (currently Channel 69 and shared with C-SPAN2) maintained by
the company for the purpose of cablecasting commercial access programming
in conformance with the company's guidelines and applicable state and
federal statutes and regulations.
C. 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 channels that the company transmits.
A. Company representatives shall appear at least once annually,
upon reasonable written request of the Township, at a public hearing of the
governing body or before the Township's Cable Television Advisory Committee
to discuss matters pertaining to the provision of cable service to residents
of the Township and other related issues as the Township and Company see fit.
B. The Company shall make every effort to deploy new or
advanced technologies and/or services in the Township that are commercially
available, economically practicable, and technically feasible. That technology
shall include but not be limited to: video-on-demand; digital video transmission;
advanced or high-definition television; digital audio services; digital television;
high-speed Internet service via cable modem; cable telephony; and interactive
program guides.
C. The Company shall provide a free standard cable installation
and free monthly basic service to the following: Administration Building (350
Route 57 West), Police Department Building (33 Little Philadelphia Road);
Department of Public Works (East Front Street); Fire Department buildings
(196 Washburn Avenue and 16 Pleasant Valley Road); Brass Castle Elementary
School (Castle Street); Port Colden Elementary School (Port Colden Road);
and Warren Hills Regional High School (Jackson Valley Road). This also includes
any municipal buildings, libraries or first aid squad buildings that may be
constructed within the Township, provided the facility is located within 200
feet of an active cable distribution plant.
D. The Company shall continue to support the ability to
route external cable channels into the Warren Hills Regional High School internal
cable network.
E. The Company shall allocate a weekly four-hour block of
time to the Township and its designees on the systemwide community access
channel (currently Channel 21) for the taped cablecasting of noncommercial
programming. Additional time is to be provided, as needed, in the event Warren
Hills Regional High School sports teams are playing division or state playoff
games. The Company can accept programming material via or one-half-inch or
three-fourths-inch VHS tape or digital video disk (DVD).
F. Within 12 months of the issuance of a renewal certificate
of approval (COA) by the BPU, the company shall provide to the municipality
a one-time grant for technology-related and Internet access needs in the amount
of $27,000. A one-time grant of $5,000 shall also be provided to the Warren
Hills Regional High School for television or video production equipment.
G. The Company shall provide a video outlet in each classroom
or instructional spaces in any new public school or addition to a public school,
and ensure a signal of sufficient strength is provided to feed the outlets.
In the event that the Township determines that it is necessary and feasible
for it to contract with the company for the purpose of providing two-way or
interconnection services, the company shall be required to apply to the BPU
for approval to enter into and establish the terms and conditions of such
contract. All costs for such application to the BPU shall be home by the Township.
A. The Company shall be required to fully comply with all
applicable federal and state statutes and regulations rules and regulations
governing the implementation, operation and testing of the Emergency Alert
System (EAS).
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 $3,000,000.
All of the commitments and statements contained in the application and
any amendment thereto submitted in writing to the municipality by the company,
except as modified herein, are binding upon the company as terms and conditions
of this municipal consent. The application and any other relevant writings
submitted by the company shall be considered a part of this chapter and made
a part hereof by reference as long as it does not conflict with state or federal
law. All ordinances or parts of ordinances or other agreements between the
Township and the company that are in conflict with the provisions of this
agreement are hereby declared invalid and superseded.
Should the Township grant a franchise 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 portion of this
chapter 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 its validity or unconstitutionality
shall not affect the validity of the remaining portions of the chapter.
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.
This chapter shall take effect immediately upon issuance of a renewal
certificate of approval from the BPU.