[HISTORY: Adopted by the Mayor and Council
of the Borough of North Haledon 2-19-1992 by Ord. No. 2-1992;
amended in its entirety 12-14-2005 by Ord. No. 17-2005 (Ch. A211 of the 1990
Code). Subsequent amendments noted where applicable.]
A.
The governing body of the Borough of North Haledon
(hereinafter referred to as the "Borough") determined that Cablevision
of Oakland, LLC (hereinafter referred to as "the company" or "Cablevision"),
had the technical competence and general fitness to operate a cable
television system in the Borough, and by prior ordinance granted its
municipal consent for Cablevision to obtain a nonexclusive franchise
for the placement of facilities and the establishment of a cable television
system in the Borough.
B.
By application for renewal consent filed with the
Borough and the Office of Cable Television on or about May 15, 2001,
Cablevision has sought a renewal of the franchise.
C.
The Borough having held public hearings has made due
inquiry to review Cablevision's performance under the franchise and
to identify the Borough's future cable-related needs and interests
and has concluded that Cablevision has substantially complied with
its obligations under the franchise and has committed to certain undertakings
responsive to the Borough's future cable-related needs and interests;
and the governing body of the Borough has accordingly concluded that
the consent should be renewed subject to the requirements set forth
below; and that, provided Cablevision's proposal for renewal embodies
the commitments set forth below, the Borough's municipal consent to
the renewal of the franchise should be given.
D.
Imposition of the same burdens and costs on other
franchised competitors by the Borough is a basic assumption of the
parties.
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 Borough 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.
The governing body of the Borough of North Haledon in the
County of Passaic, and the State of New Jersey.
Cablevision of Oakland, LLC ("Cablevision"), the grantee
of rights under this chapter.
The Federal Communications Commission.
That 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 N.J.A.C. 14:18-1 et seq., or as such regulations may be amended.
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 Borough 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 Borough 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 Borough 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 15 years from the date of issuance of a
certificate of approval by the Board.
If Cablevision seeks successive consent, 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 Borough 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 Borough 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.
Pursuant to the terms and conditions of the
Cable Television Act, Cablevision shall pay to the Borough, as an
annual franchise fee, a sum equal to 2% of the actual gross revenues
received from all recurring charges in the nature of subscription
fees paid by subscribers for its cable television reception services
in the Borough. In the event applicable law hereinafter permits a
larger franchise fee to be collected, but does not fix the amount
thereof, the Borough and Cablevision shall negotiate in good faith
with respect to the amount thereof.
A.
Cablevision shall, upon written request, provide free
of charge, one standard installation and monthly, cable television
reception service to all state or locally accredited public schools
and all municipal public libraries, as well as municipal buildings
located within the Borough and used for governmental purposes.
B.
Upon written request from the municipality, Cablevision
shall provide without charge basic cable modem service to state and
local accredited elementary and secondary schools and municipal public
libraries in the municipality as follows: 1) one standard installation
per school or library campus; 2) one cable modem per installation;
3) cable modem service the term of this agreement for each installation;
4) subject to the terms, conditions and use policies of the provider
of the cable modem service as those policies may exist from time to
time.
C.
Upon written request from the municipality, Cablevision
shall provide without charge basic cable modem service to the Borough
municipal building or other place where the public business is conducted
on behalf of the municipality in the municipality as follows: 1) one
standard installation per school or library campus; 2) one cable modem
per installation; 3) cable modem service the term of this agreement
for each installation; 4) subject to the terms, conditions and use
policies of the provider of the cable modem service 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 Borough:
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
Borough, 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 Borough, 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
Borough 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 Borough 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 its sole cost at all times during the term of this consent,
sufficient liability insurance naming the Borough 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 agreement, a
bond to the municipality in the amount of $25,000. Such bond shall
be to insure the faithful performance of its obligations as provided
in this franchise.
A.
The rates of the company for cable television services
shall be subject to regulation to the extent permitted by federal
and state law.
B.
Cablevision shall implement a senior citizen discount
in the amount of 10% off the monthly rate of the broadcast basic level
of cable television reception service to any person 62 years of age
or older who subscribes to the company's cable television service,
subject to the following:
(1)
Such discount shall only be available to eligible
senior citizens who do not share the subscription with more than one
person in the same household who is less than 62 years of age; and
(2)
In accordance with N.J.S.A. 48:5A-11.2, subscribers
seeking eligibility for the discount must meet the income and residence
requirements of the Pharmaceutical Assistance to the Aged and Disabled
Program pursuant to N.J.S.A. 30:4D-21; and
(3)
The senior discount herein relates to the broadcast
basic level of cable television service, and shall not apply to any
additional service, feature, or equipment offered by the company,
including any premium channel services and pay-per-view services;
and
(4)
Senior citizens who subscribe to a level of
cable television service beyond expanded basic service, including
any premium or per-channel a la carte service, shall not be eligible
for the discount.
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 Borough pursuant to state
and federal requirements. 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 municipality is unable to make
full use of the cable television system as contemplated herein. The
Borough shall utilize the state-approved procedures for such emergency
uses.
A.
In the event that the service of another multichannel
video program provider not subject to the Borough's regulatory authority
within the Borough creates a significant competitive disadvantage
to Cablevision, the company shall have the right to request from the
Borough lawful amendments to its franchise that relieve it of burdens
which create the unfair competitive situation. Should the company
seek such amendments to its franchise, the parties agree to negotiate
in good faith appropriate changes to the franchise in order to relieve
the company of such competitive disadvantages. If the parties can
reach an agreement on such terms, the Borough agrees to support the
company's petition to the Board for modification of the consent in
accordance with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7.
B.
If the parties are unable to reach an agreement on
appropriate amendments to the franchise, the Borough acknowledges
that the company shall have the right to petition the Board directly
for such amendments in accordance with N.J.S.A. 48:5A-47 and N.J.A.C.
14:17-6.7; provided, however, the Borough shall be under no obligation
to support Cablevision's request for such relief from the Board.
C.
In any subsequent municipal consent, the Borough shall
require, at a minimum, the same terms and conditions of any other
provider of multichannel video programming subject to the Borough's
regulatory authority as those contained in the instant consent. In
the event such subsequent consent does not contain the same terms
and conditions as the instant consent, the Borough agrees to support
the company's petition to the Board for modification of the consent
in accordance with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7 to relieve
the company of competitive disadvantages identified in the company's
petition.
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.
A.
Cablevision shall continue to make available noncommercial
public, educational and governmental (PEG) access as described in
the application for municipal consent.
B.
The Borough agrees that Cablevision shall retain the
right to use the PEG access channel, or portion thereof, for non-PEG
access programming, during times when the Borough is not utilizing
the channel for purposes of providing PEG access programming. In the
event that the company uses said PEG access channel for the presentation
of such other programming, the PEG programming shall remain the priority
use, and the company's rights with respect to using the channel for
non-PEG programming shall be subordinate to the Borough's provision
of PEG access programming on such channel.
C.
Upon written request by the Borough, Cablevision shall
install one fiber optic return feed at the North Haledon Municipal
Building, 103 Overlook Avenue, to permit the Borough to originate
noncommercial PEG access programming for the benefit of the company's
customers in the Borough.
D.
Cablevision shall continue to provide the Borough,
in lieu of the regional public access channel described in the application,
with a designated PEG channel to be shared between the Borough of
Haledon and the Borough of North Haledon on a seven-day-a-week, twenty-four-hour-a-day
basis for the benefit of the company's customers in the Borough.
E.
Cablevision shall provide the Borough with a one-time
technology grant of $15,000 for the benefit of the company's customers
in the Borough. The Borough may utilize the grant for the purchase
of PEG access equipment or for such other telecommunications-related
purposes, as the Borough deems appropriate.
All of the commitments contained in the application
and any amendment thereto submitted in writing to the Borough 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.
Notices required under this chapter shall be
in writing and shall be mailed, first class, postage prepaid, to the
addresses below. Either party may change the place where notice is
to be given by providing such change in writing at least 30 days prior
to the time such change becomes effective. The time to respond to
notices under this chapter shall run from receipt of such written
notice.
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Notices to the franchisee shall be mailed to:
Cablevision Systems Corporation
638 Route 10
Randolph, NJ 07869
Attention: Regional Vice President for Government/Public
Affairs, New Jersey
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With a copy to:
Cablevision
1111 Steward Avenue
Bethpage, NY 11714
Attention: Legal Department
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Notices to the Borough shall be mailed to:
Borough of North Haledon
103 Overlook Avenue
North Haledon, New Jersey 07508
Attention: Lucille B. Debiak, Municipal Clerk
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This chapter shall take effect upon issuance
of a certificate of approval as issued by the Board of Public Utilities.
