[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.
MUNICIPALITY or TOWNSHIP
The Township of Nutley, County of Essex, State of New Jersey.
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).
F. 
One Lowell lighting kit.
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)
Z. 
Sun gun with charger.
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.