Township of Woolwich, NJ
Gloucester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Woolwich as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-29-1997 by Ord. No. 97-28]
[Amended 1-20-1998 by Ord. No. 98-4]
For the purposes of this ordinance, the following terms, phrases, words and their derivations shall have the meaning given herein. Such meaning or definition of the term is supplemental to those definitions given by the Federal Communication Commission, FCC Rules and Regulations, 47 CRF Subsection 76.1, et seq., and the Cable Communications Policy Act, 47 USC § 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 federal or state definitions:
Subchapter 186 of the General Laws of the State of New Jersey, and subsequent amendments thereto, N.J.S.A. 48:5A-1 et seq.
The grantee of the rights under this ordinance, and is known as "Suburban Cable."
The Township of Woolwich, County of Gloucester and 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, the municipality hereby finds the company possesses the legal, technical, character, financial and other qualifications and that the company's operating and construction arrangements are adequate and feasible.
The Township of Woolwich hereby consents to a renewal of the franchise, subject to the terms and conditions of this ordinance, and upon the condition that the company accepts the provision of this ordinance and and confirms, in writing, that it shall comply with all commitments.
At the time that this municipal consent becomes effective, as provided below, and for and throughout the renewal term, the municipality shall review and continue its consent for the company to place in, upon, along, across, above, over and under the highways, streets, alleys, sidewalks, public ways and public places in the municipality poles, wires, cables, underground conduits, manholes and other television conductors and fixtures necessary for the maintenance and operation in the municipality of the cable television system and cable communications system.
The renewal term that the municipality grants the company herein shall be for a period of 15 years commencing on August 17, 1997, nunc pro tunc. The consent granted herein is subject to automatic renewal for a term of 10 years in accordance with procedures set forth in N.J.S.A. 48:5A-19 and 48:5A-25 and N.J.A.C. 14:18-13 et seq.
The consent granted herein to the company shall apply to the entirety of the municipality and any property hereinafter annexed.
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 municipality 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 Cable Television Act or such other amount as may be fixed by law. In the event that the applicable law hereafter permits a larger franchise fee to be collected but does not fix the amount thereof, the municipality and the company shall negotiate in good faith with respect to the amount thereof.
The company will complete construction as set forth in § A222-9 within one year of the issuance of a certificate of approval of the New Jersey Board of Regulatory Commissions.
The company shall be required to proffer service along any public right-of-way to any residents or businesses located in those areas of the franchise territory as set forth on the map included in the company's application. Additionally, the company shall provide service to the following streets:
North on Sharpstown Road to Harrisonville-Pedricktown Road to Turnpike. Turnpike north to Route 602 on Audubon Road to border.
Woodstown Road (605) south to border of Harrisonville-Pedricktown Road.
Harrisonville-Pedricktown Road west on Russell Mill Road to intersection of Woodstown Road.
Kelly Road to border of Warrington Mill Road north and south to border. Route 551 north to Repaupo Road (Asbury) to border.
Restoration. In the event that the company or its agents shall disturb any pavement, streets, surfaces, sidewalks, driveways or other surfaces in the natural topography, the company shall, at its sole expense, restore or replace such places or things so disturbed in as good condition as existed prior to the commencement of said work.
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 right-of-way or place, the company, upon reasonable notice by the municipality, shall remove, re-lay and relocate its equipment at the expense of the company. The company shall temporarily move or remove appropriate parts of its facilities to allow for the moving of buildings and machinery, or in other similar circumstances, the expense of which shall be borne by the party requesting such action, except when requested by the municipality, 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 municipality so as to prevent the branches of such trees from coming into contact with wires and cables of the company. Such trimmings shall be only to the extent necessary to maintain proper clearance of the company's facilities.
Temporary removal of cables. The company shall, upon the request of the municipality, at the company's expense, temporarily raise, lower or remove its lines in order to facilitate the moving of buildings or machinery.
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, investigation 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 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. 14:17-7.1.
To secure its faithful performance of its obligations under renewal of the franchise during the renewal term, the company shall provide a performance bond, which bond shall be in the amount of $25,000. Such bond shall be specifically to secure the faithful performance of all undertakings of the company as represented in the application and in the commitments. The municipality reserves the right, by resolution, to require reasonable increase in the amount of said bond as it relates to construction activities by the company, subject to review by the Office of Cable Television and approval of the Board. The bond shall be in a form acceptable to the Municipal Solicitor and shall at all times maintain an AM Best rating of at least "A."
The rates of the company shall be subject to regulation as permitted by federal and state law. To the extent that the federal laws and/or any other applicable laws hereafter are amended to permit the exercise of regulatory power over rates by municipalities, the municipality reserves the right to exercise the maximum power permitted by law.
The company shall be required to participate in the statewide emergency alert system for the purpose of providing the capability to override the audio portion of the system for the broadcast of emergency messages. The company shall not, however, be held liable for any injuries suffered by the municipality or any other person, during or as a result of an emergency, if for any reason the municipality or other governmental authority is unable to make full use of the cable system as contemplated under this section.
The cable operator shall provide access time for noncommercial, public, governmental and educational entities to the extent such access is requested by the municipality. Although a specific channel will not be dedicated for exclusive use by the municipality, the company will continue its policy of providing the municipality with an access channel to be used for public, educational and/or governmental use.
The company shall at all times maintain a comprehensive general liability policy with a single limit amount of $1,000,000 covering liability for any death, personal injury, property damage or other liability arising out of its construction and/or operation of the cable television system and an excess liability ("umbrella") policy in the amount of $10,000,000. The municipality shall be named as an additional insured under said policy, and a valid certificate of insurance shall be provided to the Township Administrator, 121 Woodstown Road, Swedesboro, New Jersey 08085 for all effective dates.
All statements and commitments contained in the application for renewal referenced herein, and any amendments thereto or otherwise submitted, in writing, by the company to the municipality, except as modified herein, are binding upon the company as the terms and conditions of their consent. The application and any other relevant writings submitted by the company shall be annexed hereto and made a part hereof by reference. To the extent that the requirements of this ordinance exceed or are more stringent than the requirements set forth in the application or writings referenced above, then the terms of this ordinance shall supersede the application and other writings referenced above.
The company shall provide the installation of one outlet and basic monthly service to each school, library and municipally owned buildings within the municipality free of charge. Each additional outlet installed, if any, shall be paid for by the institution requesting the same on a materials plus labor basis. Monthly service charge shall be charged at regular tariff rates for additional outlets only.
The company has agreed to implement a senior citizen discount in the amount of 10% of the monthly basic service rate to any person 62 years of age or older who subscribes to cable services and does not share the subscription with more than one person in the same household who is less than 62 years age. Such subscribers must meet the income and residence requirements of the Pharmaceutical Assistance to Aged and Disabled pursuant to N.J.S.A. 30:4D-21 and as may hereafter be amended.
[Amended 1-20-1998 by Ord. No. 98-4]
The company agrees to appear at a public hearing before the Mayor and Committee of the Township of Woolwich or such subcommittee as may be determined by the Mayor and Committee, on an annual basis, at which time the company will review construction progress and general compliance with this ordinance. Unless otherwise agreed to by the company and the municipality, the annual meeting shall be held the first Monday in June beginning in the year 1998. Nothing herein should be construed as limiting the township from making reasonable inquiry to the company regarding compliance with this ordinance or service within the municipality.
[Amended 1-20-1998 by Ord. No. 98-4]
The company shall be bound by the terms and provisions of this ordinance irrespective of the number of subscribers to its system.
[Amended 1-20-1998 by Ord. No. 98-4]
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid, illegal or unconstitutional by any federal or state agency of competent jurisdiction or court of competent jurisdiction, such portion shall be deemed a separate, severable, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance.
[Amended 1-20-1998 by Ord. No. 98-4]
Should any of the federal or state statutes, regulations or pronouncements applicable to the regulation of cable television be modified in any way, such modifications, to the extent they embody required terms and conditions and meaningfully can be incorporated into this ordinance, shall be so incorporated, consistent with any applicable effective date specified in such modification. To the extent that any such modification places limits on permissible terms and conditions and any provisions of this ordinance becomes invalid by virtue of such modification, then the preceding severability section shall apply.
[Amended 1-20-1998 by Ord. No. 98-4]
This municipal consent shall be effective as of the date upon which the municipality receives written notification that the company accepts the provisions of this ordinance, including the commitments.
[Amended 1-20-1998 by Ord. No. 98-4]
This ordinance shall be effective upon final passage by the Committee and publication as required by law.