[HISTORY: Adopted by the Township Committee of the Township
of Wyckoff 12-15-2009 by Ord. No. 1609.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch.
A225, Cable Television Franchise, adopted 4-20-1999 by Ord. No. 1315,
as amended.
For the purpose of this chapter, the terms defined above shall
have the meanings there indicated, and the following additional terms
shall have the following meanings:
That statute of the State of New Jersey relating to cable
television, known as the Cable Television Act, N.J.S.A. 48:5A-1 et
seq.
Cablevision's application for renewal of municipal consent,
which application is on file in the Township Clerk's office and
is incorporated herein by reference and made a part hereof, except
as modified, changed, limited or altered by this chapter.
The Board of Public Utilities of the State of New Jersey
or its successor agency.
Cablevision of Oakland, LLC ("Cablevision"), the grantee
of rights under this chapter.
The Federal Communications Commission.
The federal statute relating to cable communications commonly
known as the "Cable Communications Policy Act of 1984," 47 U.S.C.
§ 521 et seq., and the "Telecommunications Act of 1996,"
or as those statutes may be amended.
Those federal regulations relating to cable television services,
47 CFR 76.1 et seq. (and, to the extent applicable, any other federal
rules and regulations relating to cable television, including but
not limited to, those described in 47 CFR 76.3), or as such regulations
may be amended.
The installation of drop cable to a customer's premises
where the distance from the point of entry into the building being
served is less than 150 feet from the active cable television system
plant.
The State of New Jersey.
Those regulations of the State of New Jersey Board of Public
Utilities relating to cable television: N.J.A.C. 14:17-1.1 et seq.
and the N.J.A.C. 14:18-1 et seq., or as such regulations may be amended.
The governing body of the Township of Wyckoff in the County
of Bergen and the State of New Jersey.
A public hearing concerning the consent herein granted to Cablevision
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 Cablevision to receive this consent, the Township hereby finds
Cablevision possesses the necessary legal, technical, character, financial
and other qualifications to support municipal consent, and that Cablevision's
operating and construction arrangements are adequate and feasible.
The Township hereby grants to Cablevision its nonexclusive consent
to place in, upon, along, across, above, over and under its highways,
streets, alleys, sidewalks, public ways, and public places in the
municipality poles, wires, cables, and fixtures necessary for the
maintenance and operation in the Township of a cable television system
and for the provision of any communication service over such system
as may be authorized by federal or state regulatory agencies. Operation
and construction, pursuant to said consent, is conditioned upon prior
approval of the Board of Public Utilities.
This consent granted herein shall be nonexclusive and shall
be for a term of 10 years from the date of issuance of a certificate
of approval by the Board.
If Cablevision seeks a renewal of the consent provided herein,
it shall, prior to the expiration of this consent, apply for a municipal
consent and certificate of approval in accordance with N.J.S.A. 48:5A-16
and applicable state and federal rules and regulations. The Company
shall also petition the Board for approval authorizing continued operation
during the period following expiration of the consent granted herein
and until such a time that a decision is made by the Township and
the Board relative to the renewal of said consent.
The consent granted under this chapter to Cablevision shall
apply to the entirety of the Township and any property hereafter annexed.
Cablevision shall be required to proffer video programming service
along any public right-of-way to any person's residence located
in the franchise territory at tariffed rates for standard and nonstandard
installation. Commercial properties shall be provided service in accordance
with Cablevision's commercial line extension policy.
Cablevision shall pay to the Township an annual franchise fee
in accordance with N.J.S.A 48:5A-30, as amended or supplemented.
A.
Cablevision shall, upon request, provide free of charge one standard
installation and monthly cable television reception service to all
state or locally accredited public elementary and secondary schools
and all municipal public libraries as well as municipal buildings,
used for governmental purposes, located within the Township.
B.
Upon written request from the Township, the Company shall provide
to state and locally accredited elementary and secondary schools and
municipal public libraries in the Township, without charge, the following:
1) one standard installation per school or library; 2) one cable modem
per installation; and 3) basic cable modem service for the term of
this chapter for each installation. This offer shall be subject to
the terms, conditions and use policies of the Company, as those policies
may exist from time to time.
C.
Upon written request from the Township, the Company shall continue
to provide to one municipally owned facility, without charge, the
following: 1) one standard installation; 2) one cable modem per installation;
and 3) basic cable modem service for the term of this chapter for
each installation. This offer shall be subject to the terms, conditions
and use policies of the Company as those policies may exist from time
to time.
Cablevision shall perform construction and installation of its
plant and facilities in accordance with applicable state and federal
law. The Company shall be subject to the following additional construction
requirements with respect to the installation of its plant and facilities
in the Township:
A.
In the event that the Company or its agents shall disturb any pavement,
street surfaces, sidewalks, driveways or other surfaces, the Company
shall, at its sole expense, restore and replace such disturbances
in as good a condition as existed prior to the commencement of said
work.
B.
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 Township, shall
remove or relocate its equipment, at its own expense.
C.
Upon request of a person holding a building or moving permit issued
by the Township, the Company shall temporarily move or remove appropriate
parts of its facilities so as to permit the moving or erection of
buildings or for the performance of other work. The expense of any
such temporary removal or relocation shall be paid in advance to the
Company by the person requesting the same. In such cases, the Company
shall be given not less than 14 days' prior written notice in
order to arrange for the changes required.
D.
During the exercise of its rights and privileges under this consent,
the Company shall have the authority to trim trees upon and overhanging
streets, alleys, sidewalks and public places of the Township so as
to prevent the branches of such trees from coming in contact with
the wires, cables, conduits and fixtures of the Company. Such trimming
shall be only to the extent necessary to maintain proper clearance
for the Company's facilities.
Cablevision shall comply with the technical and customer service
standards established for the cable industry under applicable federal
and state laws, rules and regulations.
Cablevision shall establish and maintain during the entire term
of this consent a local area business office or agent for the purpose
of receiving, investigating and resolving complaints regarding the
quality of service, equipment malfunctions and similar matters. Said
office shall be open daily during normal business hours, and in no
event less than 9:00 a.m. to 5:00 p.m., Monday through Friday, with
the exception of holidays.
The Office of Cable Television is hereby designated as the complaint
officer for the Township pursuant to the provisions of N.J.S.A. 48:5A-26.
All complaints shall be reviewed and processed in accordance with
N.J.A.C. 14:17-6.5.
Cablevision agrees to maintain and keep in force and effect,
at is sole cost, at all times during the term of this consent, sufficient
liability insurance naming the Township as an additional insured and
insuring against loss by any such claim, suit, judgment, execution
or demand in the minimum amounts of $500,000 for bodily injury or
death to one person and $1,000,000 for bodily injury or death resulting
from any one accident or occurrence stemming from or arising out of
the Company's exercise of its rights hereunder.
Cablevision shall obtain and maintain, at its sole cost and
expense, during the entire term of this chapter, a bond in the amount
of $25,000. Such bond shall be to ensure the faithful performance
of its obligations as provided in this franchise.
The rates of the Company for cable television services shall
be subject to regulation to the extent permitted by federal and state
law.
Cablevision shall be required to have the capability to override
the audio portion of the system in order to permit the broadcasting
of emergency messages by the Township pursuant to state and federal
requirements. The Company shall in no way be held liable for any injury
suffered by the Township 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 Township shall
utilize the state-approved procedures for such emergency uses.
In the event that the Township approves or permits a cable system
franchise to operate a cable television system in the community on
terms more favorable or less burdensome than those contained in this
chapter, then such more favorable or less burdensome terms are subject
to approval of a petition to the Board of Public Utilities as provided
for in accordance with N.J.S.A. 48:5A-15 and N.J.A.C. 14:17-6.7.
Upon expiration, termination or revocation of this chapter,
Cablevision, at its sole cost and expense, and upon direction of the
Board, shall remove the cables and appurtenant devices constructed
or maintained in connection with the services authorized herein, unless
Cablevision, its affiliated entities or assignees should, within six
months after such expiration, termination or revocation, obtain certification
from the FCC to operate an open video system or any other federal
or state certification to provide telecommunications.
In consideration for the rights granted in this chapter, the Company shall provide the Township with a grant in the amount of $18,000. Cablevision shall provide an initial grant payment of $4,500 within the first year of the new franchise agreement. The remaining grant of $13,500 shall be provided in annual installments of $1,500, upon written request by the Township (the "annual grant"). Cablevision shall not be obligated to make any additional payments beyond year 10 of the franchise. The annual grant shall be payable to the Township within 60 days from receipt of the Township's written request. Notwithstanding the foregoing, should Cablevision apply for a systemwide certification or otherwise convert its municipal consent to a systemwide certification in accordance with N.J.S.A. 48:5A-25.1, it shall be relieved of any payments due and owing after the date of such conversion or award of a systemwide franchise. The Township agrees that all amounts provided pursuant to this shall be used for the exclusive support of PEG access programming, such as the purchase and/or rental of PEG access equipment and facilities. On request, the Township shall provide Cablevision with a certification of compliance with this § A225-20.
All of the commitments contained in the application and any
amendment thereto submitted in writing to the Township by the Company,
except as modified herein, are binding upon Cablevision as terms and
conditions of this consent. The application and any other written
amendments thereto submitted by Cablevision in connection with this
consent are incorporated in this chapter by reference and made a part
hereof, except as specifically modified, changed, limited, or altered
by this chapter, or to the extent that they conflict with state or
federal law.
This consent shall be construed in a manner consistent with
all applicable federal, state and local laws.
If any section, subsection sentence, clause, phrase, or portion
of this chapter is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall
not affect the validity of the remaining portion thereof.
