[HISTORY: Adopted by the Mayor and Council
of the Borough of Chester 12-20-2022 by Ord. No. 2022-10. Amendments noted where applicable.]
The Borough hereby grants to Comcast of Central New Jersey II,
LLC a 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 Borough 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 Borough of a cable television and
communications system.
For the purpose of this ordinance, 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 CFR 76.1 et seq., and the Cable Communications Policy Act, 47 U.S.C.
§ 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:
APPLICATION
The company's application for renewal of municipal consent.
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.
BOROUGH
The Borough of Chester, County of Morris, State of New Jersey.
COMPANY or COMCAST
The grantee of rights under this ordinance and is known as
Comcast of Central New Jersey II, LLC.
FCC
The Federal Communications Commission.
PRIMARY SERVICE AREA or PSA
Consists of the area of the Borough currently served with
existing plant as set forth in the map annexed to the company's
application for municipal consent.
Public hearings conducted by the Borough, 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 Borough having received
at said public hearings all comments regarding the qualifications
of the company to receive this renewal of municipal consent, the Borough
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.
The nonexclusive municipal consent granted herein shall expire
10 years from the date of expiration of the previous certificate of
approval issued by the Board. In the event that the Borough shall
find that the company has not substantially complied with the material
terms and conditions of this ordinance, the Borough 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 Borough 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, and, except
as where higher payment is otherwise required by the applicable law
and regulations (including N.J.S.A. 48:5A-30), 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 for cable television
reception service in the Borough or any higher amount permitted by
the Act or otherwise allowable by law.
The consent granted under this ordinance for the renewal of
the franchise shall apply to the entirety of the Borough and any property
subsequently annexed hereto.
The company shall be required to proffer service to any residence
along any public right-of-way in the primary service area, as set
forth in the company's application. 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,
with an HPM ("homes-per-mile") of 35 dwellings per linear mile from
the nearest active trunk or feeder line.
A. Restoration. In the event that the company or its agents shall disturb
any pavement, street surfaces, sidewalks, driveways, or other surface
in the natural 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
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, re-lay or relocate its equipment, at the expense of
the company, prior to approval of the Board.
C. 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 Borough 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.
D. Temporary removal of cables. The company shall, upon request of the
Borough, at the company's expense, temporarily raise, lower or
remove its lines in order to facilitate the moving of buildings or
machinery or in other like circumstances, subject to the prior approval
of the Board.
E. Installation of equipment. The company shall install equipment in
the same location and manner as existing public utilities whenever
possible, in order to minimize the impact of same on surrounding property.
In providing services to its customers, the company shall comply
with N.J.A.C. 14:18-1.1 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 Borough upon
written request of the Borough Administrator.
A. The company shall continue to comply fully with all applicable state
and federal statutes and regulations regarding credit 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 reasonable effort to meet or exceed voluntary
standards for telephone accessibility developed by the National Cable
Television Association ("NCTA").
D. Nothing herein shall impair the right of any subscriber or the Borough
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 permitted under law.
The Office of Cable Television is hereby designated as the complaint
officer for the Borough pursuant to N.J.S.A. 48:5A-26b. All complaints
shall be received and processed in accordance with N.J.A.C. 14:17-6.5.
The Borough shall have the right to request copies of records and
reports pertaining to complaints by Borough customers from the OCTV.
During the term of this franchise, and any renewal thereof,
the company shall maintain a business office or agent in accordance
with N.J.A.C. 14:18-5.1 for the purpose of receiving, investigating
and resolving all local complaints regarding the quality of service,
equipment malfunctions, and similar matters. Such a business office
shall have a publicly listed toll-free telephone number and be open
during standard business hours.
During the life of the franchise the company shall give to the
Borough 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 provide expanded basic or a similar tier of cable
television service to one outlet to each qualified existing and future
school in the Borough, public and private, elementary, intermediate
and secondary, provided the school building is within 200 feet of
active cable distribution plant or through customer-owned conduit.
Each additional outlet installed, if any, shall be paid for on a materials-plus-labor
basis by the school requesting service.
B. The company shall provide expanded basic or a similar tier of cable
television service to one outlet to every Borough building and each
qualified existing and future municipally owned building in the Borough,
provided the facility is located within 200 feet of active cable distribution
plant or through customer-owned conduit. Each additional outlet installed,
if any, shall be paid for on a materials-plus-labor basis by the Borough.
C. Within six months of the issuance of a renewal certificate of approval
by the BPU, the company shall provide will all required payments required
pursuant to the BPU approval.
D. The company shall comply with all applicable requirements of the
Communications Act of 1934, as amended [47 U.S.C. § 543(b)],
which allows the company to itemize and/or identify:
(1)
The amount on the subscriber bill assessed as a franchise fee
and the identity of the governmental authority to which the fee is
paid; and
(2)
The amount on the bill assessed to satisfy any requirements
imposed on the company by the cable franchise to support public education,
and/or governmental access channels or the use of such channels; and
(3)
Any grants or other fees on the bill or any tax, assessment, or charge of any kind imposed by any governmental authority on the transaction between the operator and the subscriber. The company reserves its external cost, pass-through rights to the full extent permitted by law, including the services set forth in Subsections
A and
B above which may be recovered at the fair market value as a pass-through in addition to the 2.0% franchise fee provided hereinabove.
A. The company shall continue to make available one educational access
channel and one government access channel. These channels may be shared
with other communities. The educational access channel is for the
purpose of cablecasting noncommercial educational access programming.
The government access channel is for the purpose of cablecasting noncommercial
government access programming.
B. The company does not relinquish its ownership of or ultimate right
of control over a channel by designating it for educational/government
("EG") use. An EG access user, whether an educational or government
user, acquires no property or other interest by virtue of the use
of a channel so designated, and may not rely on the continued use
of a particular channel number, no matter how long the same channel
may have been designated for such use.
C. The company shall not exercise editorial control over any educational
or governmental use of channel capacity, except the company may refuse
to transmit any educational or governmental access program or portion
of an educational or governmental access program that contains obscenity,
indecency, or nudity.
D. Educational access. "Educational access" shall mean noncommercial
use by educational institutions such as public or private schools
or a municipal educational program, but not "home schools," community
colleges, and universities.
E. Government access. "Government access" shall mean noncommercial use
by the Borough for the purpose of showing the local government at
work.
F. Company use of fallow time. Because blank or underutilized EG channels
are not in the public interest, in the event the municipalities or
other EG access users elect not to fully program their EG access channel,
the company may program unused time on those channels subject to reclamation
by the municipality upon no less than 60 days' written notice.
A. The company will comply with the Emergency Alert System ("EAS") rules
in accordance with applicable state and federal statutes and regulations.
B. 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 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 $5,000,000.
All of the statements and commitments contained in the application
or annexed thereto and incorporated therein, and any amendment thereto,
except as modified herein, are binding upon the company as terms and
conditions of this consent. The application and other relevant writings
submitted by the company shall be annexed hereto and made a part hereof
by reference, provided same do not conflict with application state
or federal law.
Should the Borough grant municipal consent for 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 ordinance subject to the provisions
of N.J.A.C. 14:17-6.7.
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 its validity or unconstitutionality shall not affect
the validity of the remaining portions of the ordinance.
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 ordinance shall take effect immediately upon issuance of
a renewal certificate of approval from the BPU.