[HISTORY: Adopted by the Council of the City of Salem 3-17-1986
as Ord. No. 8604. Amendments noted where applicable.]
The Mayor and Common Council of the City of Salem (hereinafter referred
to as "the city") hereby grants to Tri-County Cable Television Company (hereinafter
referred to as "the company"), its renewed consent to operate a cable television
system within the City of Salem, including but not limited to the installation,
maintenance, replacement and operation of wires, cables, conduits, poles and
other television conductors and fixtures necessary for the maintenance and
operation in the City of Salem of a cable television system and cable communications
system.
The consent herein granted shall expire 15 years from the date a certificate
of approval is issued by the Board of Public Utilities.
If the company seeks a successive consent, it shall, prior to the expiration
of this consent, apply for a municipal consent and certificate of approval
in accordance with the Cable Television Act, N.J.S.A. 48:5A-11 and 48:5A-16
and applicable state and federal rules and regulations. The company shall
also petition the Board for a certificate of approval, authorizing continued
operation during the period following expiration of the consent granted herein
and until such time that a decision is made by the municipal governing body
relative to the renewal of said consent.
Pursuant to the terms and conditions of the statute, the company shall,
during each year of operation under the consent granted herein, pay to the
city 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 city.
This consent to the company to operate a cable television system shall
apply to all territory within the boundaries of the municipality of Salem,
Salem County, New Jersey.
During the term of this renewal of the franchise and any subsequent
renewal thereof, the company shall maintain a local business office or agent
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 of each week, holidays
excepted.
The Office of Cable Television is hereby designated as the complaint
officer for the City of Salem pursuant to N.J.S.A 48:5A-26b. All complaints
shall be received and processed in accordance with N.J.A.C. 14:17-7.1.
During the term of the renewal franchise, the company shall give a bond
to the City of Salem, which bond shall be 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 company shall not alter its basic service without first notifying
the City of Salem and receiving approval of the Office of Cable Television,
if required. The basic service includes those channels which the company is
required to carry by Federal Comunications Commissions (FCC) rules and any
channel which the company has previously agreed to carry without a separate
or additional charge. "Alteration" shall mean reduction of services.
The company shall provide access time to noncommercial public, governmental
and educational entities as promised in Section V2, page 12, of its application.
The company shall provide the installation of one outlet and basic monthly
service to each school and the public library in the City of Salem, free of
charge. Each additional outlet installation shall be paid for by the institution
on a cost-plus-labor basis. Monthly service on each additional outlet shall
be charged at the regular tariff rates for additional outlets.
The company shall be required to have the capability at the headend
to override the audio portion of the system in order to permit the broadcasting
of emergency messages by the city. The city shall, itself or through a county-wide
Office of Emergency Management, provide such facilities, or if such facilities
are provided by the company, it shall be the responsibility of the city to
pay for their use. The company shall in no way be held liable for any injury
suffered by the city if it is unable to make full use of the cable television
system as contemplated herein. The city shall also establish reasonable procedures
for such uses.
The company agrees to maintain and keep in full force and effect at
its sole expense at all times during the term of this consent liability insurance,
naming the city as an insured and insuring against loss by any such claim,
suit, judgment, execution or demand in the minimum amounts of:
A. One million dollars for combined bodily injury and property
damage as a result of automobile accident and also by general liability coverage.
B. Worker's compensation liability at $500,000.
The terms of the company's application for municipal consent are
incorporated into and made a part of this ordinance where not herein repeated
at length. Any portion of the application in conflict with the provisions
of the Cable Television Act, N.J.S.A. 48:5A-1et seq., or FCC Rules and Regulations
76.1 et seq., as amended, is not to be construed as effective under this application,
and is considered unenforceable.
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 such holding shall
not affect the validity of the remaining portions thereof.
This ordinance shall be effective upon the issuance by the Board of
Public Utilities of a certificate renewing the franchise of the company to
operate a cable television system in the City of Salem.