[HISTORY: Adopted by the Board of Commissioners
of the Township of Nutley 7-6-1999 by Ord. No. 2577 (Ch. A245 of the 1978
Code). Amendments noted where applicable.]
GENERAL REFERENCES
Cable Access Committee — See Ch.
12.
The Township of Nutley hereby grants to Cablevision
of Oakland, Inc. the renewal of its nonexclusive municipal consent
to place in, upon, along, 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 Nutley, such as a cable television and communications
system.
For the purpose of this ordinance, the following
terms, phrases, words and their derivations shall have the meanings
given herein. Such meaning or definition of terms is supplemental
to those definitions of the Federal Communications Commission (hereinafter
"FCC") rules and regulations, 47 CFR 76.1 et seq., and the Cable Commission
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 or state
definitions:
ACT or CABLE TELEVISION ACT
Chapter 186 of the General Laws of New Jersey, 1972, and
subsequent amendments thereto, N.J.S.A. 48:5A-1 et seq.
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 ordinance and is known as
"Cablevision of Oakland, Inc."
FCC
The Federal Communications Commission.
FEDERAL ACT
The Communications Act of 1934, and its amendments, 47 U.S.C.
§ 51 et seq.
OFFICE
The Office of Cable Television (OCTV) of the Board of Public
Utilities.
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.
The consent herein granted shall be nonexclusive and shall expire coincident with the expiration of the ten-year certificate of approval as issued by the Board of Public Utilities pursuant to the consent granted herein. The term of the agreement shall be effective as indicated in §
A720-27 of this agreement. If the promises of the company, as referenced herein, are not kept, the Township may seek specific penalties from the BPU pursuant to N.J.S.A. 48:5A-51(b) or commence revocation proceedings upon petition to and approval of the BPU pursuant to N.J.S.A. 48:5A-47, which shall be in conformance with applicable statutes and regulations.
If the company seeks a successive consent, it
shall, prior to the expiration of this consent apply for such consent,
and certificate of approval in accordance with the New Jersey Cable
Television Act and applicable state and federal rules and regulations.
The company shall also petition the Board for a certificate of approval
authorizing its continued operation during the period directly following
the expiration of the consent granted herein and until such time that
a decision is made by the Township's governing body relative to the
renewal of said consent.
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 revenue from all
recurring charges in the nature of subscription fees paid by subscribers
to its cable television reception service in the Township or any higher
amount permitted by the Cable Television Act or otherwise allowable
by law, whichever is greater. The Township reserves the right to charge
such increased annual fee as may at any time hereafter be authorized
by statute, upon 60 days' prior written notice to the company or to
petition for an increase in such franchise fee, as provided in N.J.S.A.
48:5A-30(c).
The consent granted under this ordinance to
the renewal of the franchise shall apply to entirety of the Township
and any property subsequently annexed thereto.
Cablevision of Oakland agrees that it will provide
such programming and services consistent with the company's application,
as herein defined, and any additional services that the company believes
are in the public interest and in compliance with applicable law.
The company shall, all times during its operation, furnish to its
subscribers the best possible signals available under then existing
conditions and in accordance with all applicable state and/or federal
regulations. The company shall maintain all parts of the system in
good working order at all times and shall respond to all service calls
in the manner detailed below. In addition, the company shall provide
the following equipment to the Township as a result of this ten-year
franchise renewal:
A. One cable television modulator for Channel 20.
B. One Panasonic edit controller.
C. One Panasonic S-VHS editing player.
D. One Panasonic S-VHS editing recorder.
E. Four Panasonic S-VHS 1/3 inch CCD Camcorders with
CCU units (Part #AG-456U).
G. Two Panasonic MX12 switcher and audio boards.
H. Four Shore microphones and necessary cables (two handheld
and two laviers).
I. One Videonics TM3000 character generator.
J. One Mackie 16 input mixer.
K. One QTV teleprompter compatible to Panasonic cameras.
L. Three Bogen tripod and dolly (Part #3129).
M. Three Ikegami nine-inch black/white monitors (Part
#PM909).
N. Two Ikegami side-by-side rackmount kit for MP909 (Part
#RMK909).
O. Two FEC rackmount kit for AGD55401.
P. One Panasonic thirteen-inch color monitor with rackmount
color receiver/monitor (Part #RM-13TR).
Q. One Symetrix amplifier (Part #420).
R. Two JBL control room speaker with mounting bracket
(Part #Control/MTC).
S. One Netcom 3-bay console storm gray with oak trim
11RU overbridge mobile base and two weber strips (Part #2-bay).
T. One Netcom mic snake (Part #SNK8X4).
U. One RTS Intercom user station (Part #MRT-PAC).
V. One RTS intercom power supply (Part #PS15).
W. Three RTS belt packer user station (Part #BP318-A4M).
X. Four RTS User Headset (Part PH-4-R4)
Y. Denon CD/cassette combo (Part #DNT620)
Cablevision of Oakland shall be required to
proffer service along any public right-of-way to any person's residence
or business located in all areas of the franchise territory as described
herein, at tariffed rates for standard and nonstandard installations,
in accordance with the company's extension policy set forth in the
company's application.
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 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, re-lay or relocate its equipment, at the
expense of the company.
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 hanging over streets, alleys,
sidewalks and 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 for the company's wires and cables.
D. Movement of building and equipment. The company shall,
at the request of the Township and at the expense of the company,
temporarily raise, lower or remove its lines and/or equipment in order
to facilitate the moving of buildings or machinery or other like circumstances.
However, if such request is occasioned or necessitated as a result
of any nonmunicipal work or projects of any kind by any third party,
then and in such event the cost and expense for the company to temporarily
raise, lower or remove its lines and/or equipment to facilitate the
moving of any buildings or machinery or other like circumstances shall
be borne directly by such third party.
A. In providing services to its customers, Cablevision
of Oakland shall comply with N.J.A.C. 14:18 and all applicable state
and federal statutes and regulations. Cablevision shall strive to
meet or exceed all application statutes and regulations and industry
standards in the delivery of customer service and shall be prepared
to report on the same to the community upon reasonable request of
the Township.
B. Cablevision shall provide, upon the request of any
customer, at no charge to said customer, a lockout device, which will
enable the customer to block the reception and/or receiving of any
adult channels on any set in the customer's home.
C. The basic service includes any tier of service that
carries the local television broadcast signals which the company is
required to carry by the FCC rules.
The Office of Cable Television is hereby designated
as the complaint officer for the Township of Nutley 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 Township shall have the right to request
copies of records and reports pertaining to complaints by Township
customers from the OCTV.
During the term of this franchise, and any renewal
thereof, the company shall maintain a local business office or agent,
which need not be within the Township's boundaries, 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 representative or agent 24 hours per day. 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.
During the life of the franchise, the company
shall give to the Township a bond in the amount of $25,000. Such bond
shall be to ensure 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
municipal regulation to the extent permitted by federal and state
law and the New Jersey Board of Public Utilities.
The company shall provide access time for noncommercial
uses only to noncommercial public, governmental and educational entities
in the municipality on its local access channel as set forth in the
application filed with the Township.
The company shall provide, free of charge, the
installation of one outlet and expanded basic monthly service to Nutley
Board of Education, Franklin Middle School, Nutley High School, Washington
School, Lincoln School, Spring Garden School, Yantacaw School, Radcliff
School, Nutley Public Library, Nutley Parks Commission, Nutley Emergency
Rescue Squad, Public Safety Building, Bloomfield Avenue Recreation
Building, Public Works Garage at Cortland Street and any future municipality-owned
recreation buildings. In addition, the company shall provide Internet
access, once the same becomes available, which shall include one complimentary
outlet for each public and private school located in the Township.
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 the regular tariffed rates for
additional outlets.
Upon activation of the state's Emergency Alert
System, the company shall be required to have capability to override
the audio portion of the entire system in order to permit the broadcasting
of emergency messages. 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 Township is unable to make full
use of the cable television system as contemplated herein. The Township,
along with the company, shall establish reasonable procedures for
such emergency uses.
The company shall provide the Township with
certificates evidencing insurance, which shall name the Township as
an insured and provide protection from liability for any death, personal
injury, property damage or other liability arising out of the company's
construction and operation of its cable system. The company agrees,
at its sole cost and expense, to maintain and keep in full force and
effect, during the term of this franchise, minimum insurance of $1,000,000,
in combine limits, for bodily injury or death to one person or resulting
from any one accident.
Should any federal or state agency with proper
jurisdiction modify, change or alter any of its provisions with respect
to the subject matter of this ordinance, such modifications, changes
and alterations, to the extent not grandfathered, shall be incorporated
into this consent, consistent with the applicable dates specified
as to any such change.
All of the commitments and statements contained
in the application and any amendment thereto submitted in writing
to the Township by the company, except as modified herein, are binding
upon company as terms and conditions of this consent. The application
and any other relevant writing submitted by the company shall be annexed
hereto and made a part hereof by reference as long as it does not
conflict with state or federal law.
In the event any portion of the application
on this ordinance is in conflict with the provisions the Cable Television
Act (N.J.S.A. 48:5A-1 et seq., the Communications Act of 1934 and
its amendments (47 U.S.C. § 521 et seq.) and/or FCC Rules
and Regulations (47 CFR 76.1 et seq.), as amended, such portion shall
not be construed as effective and shall be severable. The remainder
of the application and/or this ordinance not so affected shall remain
in full force and effect.
In the event that the Township approves or permits
a cable system to operate in the community on terms more favorable
or less burdensome than those contained in this ordinance, then such
more favorable or less burdensome terms shall be applicable to this
franchise, 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.
A. In the event that a nonfranchised multichannel video
programmer provides service to residents of the Township, the company
shall have a right to request franchise amendments to this ordinance
that relieve the company of regulatory burdens that create a competitive
disadvantage to the company. In requesting amendments, the company
shall file with the Board a petition for approval, in accordance with
N.J.S.A. 48:5A-15 and N.J.A.C. 14:17-6.7 seeking to amend this ordinance.
Such petition shall:
(1)
Indicate the presence of a nonfranchised competitor(s);
(2)
Identify the basis for the company's belief
that certain provisions of this franchise place it at a competitive
disadvantage; and
(3)
Identify the regulatory burdens to be amended
or repealed in order to eliminate the competitive disadvantage.
B. The Township shall not unreasonably withhold or object
to granting the company's petition and so amending the franchise ordinance,
subject to approval of the petition by 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.
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 invalidity or unconstitutionality shall
not affect the validity of the remaining portions of this ordinance.
Any and all existing ordinances concerning cable
television franchising shall be effectively repealed upon the passage
and publication of this ordinance and the issuance of a renewal certificate
of approval from the BPU.
This ordinance shall take effect immediately
upon passage and publication, according to law, and issuance of a
renewal certificate of approval from the BPU.