[Ord. No. 815B § 1]
The Borough hereby grants to the company its nonexclusive consent to place in, upon, along, across, above, over and under the highways, streets, alleys, sidewalks, public ways, and public places in the Borough poles, wires, cables, underground conduits, manholes, and other television conductors and fixtures necessary for the maintenance and operation in the Borough of a cable television system and cable communications system. Construction, pursuant to the consent, is conditioned upon prior approval of the New Jersey Board of Regulatory Commissioners (hereinafter the "Board").
[Ord. No. 815B § 2]
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. Such meaning of definition of terms is supplemental to those definitions of the Federal Communications Commission, FCC Rules and Regulations, 47 CFR Subsection 76.1 et seq., and the Communications Act of 1934 as amended by the Cable Communications Policy Act of 1984, 47 U.S.C. 521 et seq., and the Cable Television Act, N.J.S.A. 48:5A- 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
- Is Chapter 186 of the General Laws of New Jersey, 1972, and subsequent amendments thereto, Section 48:5A-1 et seq.
- Is the Borough of Ramsey, County of Bergen in the State of New Jersey.
- Is the grantee of rights under this chapter and is known as TCI of Northern New Jersey.
- FEDERAL ACT
- Is the Communications Act of 1934, and its amendments, 47 U.S.C. 51 et seq.; P.L. 102-385, 1992.
[Ord. No. 815B § 3]
A public hearing concerning the consent herein granted to the company was held after proper public notice pursuant to the terms and conditions of the Act. The hearing was fully open to the public in accordance with law, and the Borough received at the hearing all comments regarding the qualifications of the company to receive this consent including but not limited to, its legal, technical and financial ability to construct and maintain a cable television system within the Borough.
[Ord. No. 815B § 4]
The consent herein granted shall expire 10 years from the date of the expiration of the original certificate of approval as issued by the Board; provided, however, that at the end of the first five years after issuance of the certificate of approval, a review shall be conducted by the Borough to determine whether the company has substantially complied with all material obligations under this chapter, in which event the Borough consent granted hereunder shall continue for the remaining period of the ten-year term. In the event that the Borough shall determine, as a result of the review, that the company shall not have substantially complied with all 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 six months.
[Ord. No. 815B § 5]
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 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 a time that a decision is made by the governing body of the Borough relative to the renewal of the consent.
[Ord. No. 815B § 6]
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 Borough 2% of the gross revenues from all recurring charges received by the company from subscribers to its cable television reception service in the Borough. In the event applicable law shall, during the term hereof, mandate a greater percentage, the compensation shall be automatically adjusted to such greater percentage.
[Ord. No. 815B § 7]
The company shall be required to complete any proposed construction within the service area described in the application. The timetable as presented in the application incorporated herein has been determined to be reasonable by the Borough.
[Ord. No. 815B § 8]
The company shall be required to proffer service along any public right-of-way to any person's residence or business located in those areas of the franchise territory described herein, in accordance with the proposal for the provision of services as described in the application. Any additional extension of the system will be made in accordance with the provisions set forth in Appendix IV attached to the application filed with the Borough.
[Ord. No. 815B § 9]
Restoration. In the event that the company or its agents shall disturb any pavement, street surfaces, sidewalks, driveways or other surfaces in the natural topography of the Borough, the company shall, at its sole expense, restore and replace such places or things so disturbed in as good condition as existed prior to the commencement of the work.
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 and relocate its equipment at the expense of the company.
Movement of building and equipment. The company shall temporarily move or remove appropriate parts of its facilities to allow moving of building, machinery or in other similar circumstances when requested to do so. The expense shall be borne by the party requesting such action except when requested by the Borough, in which case the company shall bear the cost.
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 and public places of the Borough so as to prevent the branches of such trees from coming in contact with the wires, cables or other equipment of the company. Such trimming shall be only to the extent necessary to maintain proper clearance for the company's facilities and upon prior notice to the Borough, emergency situations excepted.
[Ord. No. 815B § 10]
The company shall provide installation of any person's residence or business in accordance with the terms and conditions of the application which are incorporated herein as if fully set forth at length.
[Ord. No. 815B § 11]
The Consent granted herein to the company shall apply to the entirety of the Borough and any property hereafter annexed thereto.
[Ord. No. 815B § 12]
During the term of this franchise and any 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.
[Ord. No. 815B § 13]
The Office of Cable Television is hereby designated as the complaint officer for the Borough of Ramsey.
All complaints shall be received and processed in accordance with the New Jersey Administrative Code (N.J.A.C. 14:17-1 et seq.) and amendments thereto.
[Ord. No. 815B § 14]
During the life of the franchise, the company shall maintain and post with the Borough a performance bond which bond shall be in the amount of $25,000 in the form annexed to the application.
Such bond shall be to insure the company's faithful performance of the terms and conditions of this chapter and of all undertakings of the company as represented in its application for municipal consent incorporated herein.
[Ord. No. 815B § 15]
The rates proposed in the application for cable television reception service shall be subject to review and regulation by the New Jersey Board of Regulatory Commissioners to the extent permitted by law.
[Ord. No. 815B § 16]
The basic service includes those channels which the company is required to carry by FCC rules and any channel which the company carries without a separate or additional charge.
[Ord. No. 815B § 17]
The company shall provide access time to noncommercial public, governmental and educational entities to the extent such access was promised to the Borough in accordance with the application filed.
[Ord. No. 815B § 18]
The Borough finds that the equipment and personnel to be provided by the company for public, educational or governmental use as provided in the application for municipal consent is reasonable.
[Ord. No. 815B § 19]
The company shall provide free of charge one outlet and basic monthly service to the following facilities: the Municipal Building, the Public Library Building, the Police Department Building, the Fire Department Buildings, the Rescue Squad Building, the Road Department Building, the Ambulance Corps Building, each public school building, each primary and secondary private school building, The Woodlands Senior Citizens' Housing Facility. Each additional outlet installation shall be paid for by the institution on a materials plus labor basis. Monthly service on such additional outlets shall be charged at the regular rates for additional outlets.
[Ord. No. 815B § 20]
The company shall at its expense relocate the reverse transmitting modulator from Dater School to Hubbard School and shall replace the existing modulator on or before September 1, 1993.
The company shall at its expense wire the classrooms of Hubbard School to receive cable television reception service on or before September 1,1993.
The company shall at its expense make a one-time purchase of video equipment for the Ramsey Public School System on or before September 1, 1993. The total purchase cost of such equipment shall not be less than $7,500.
The company shall at its expense provide the necessary cabling and labor to construct a dedicated coaxial network interconnecting Ramsey's public schools. Construction shall commence upon notification from the Ramsey Board of Education that the Board is ready to provide the electronics required for activation of this network, and such construction shall be completed on or before January 1, 1995.
The company shall at its expense provide one VHS video cassette recorder to The Woodlands Senior Citizens Housing Facility and one VHS video cassette recorder to The Homestead Senior Citizens Housing Facility on or before September 1, 1993.
The company shall at its expense correct and repair the cable television wiring in the Tisdale Public School on or before September 1, 1993.
[Ord. No. 815B § 21]
The company shall be required to have the capability at the head-end to override the audio portion of the system in order to permit the broadcast of emergency messages by the Borough. 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 Borough shall also establish reasonable procedures for such uses.
[Ord. No. 815B § 22]
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 sufficient liability insurance naming the Borough of Ramsey as an additional insured and insuring against loss by any such claim, suit, judgment, execution or demand in the minimum amounts of $1,000,000 combined limits for bodily injury or death to one person or resulting from any one accident, and for any property damages resulting from any one accident.
[Ord. No. 815B § 23]
The company will comply with federal and state law, before deleting entirely any broad category of video programming or making any change in the mix, level or quality of programming services required by the franchise.
The company will notify the Borough before deleting entirely any broad category of video programming and the company agrees to meet with the Borough if requested with respect to the same.
The company will provide, at a minimum, good quality signal, in accordance with federal and state technical standards and prevailing industry standards. The parties reserve all rights and any authority regarding technical standards provided them by federal and state law and regulations.
The company will be committed to keeping pace with the technology of the cable industry in the New Jersey. New York metropolitan area and will take all reasonable steps to maintain the highest degree of product availability, signal integrity and system reliability as compared with New Jersey and New York metropolitan area cable systems of comparable size.
[Ord. No. 815B § 24]
All of the written commitments contained in the written application of the company for renewal of municipal consent shall be considered binding upon the company as are the terms and conditions of this chapter and such application is hereby incorporated herein by reference and made a part hereof.
[Ord. No. 815B § 25]
In the event any portion of the application or this chapter is in conflict with the provisions of 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., P.L. 102-385, 1992), and/or FCC Rules and Regulations, 76.1 et seq., as amended, it shall not be construed as effective.
[Ord. No. 815B § 26]
If any section, subsection, sentence, clause, phrase or portion of this chapter 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 effect the validity of the remaining portions hereof.
[Ord. No. 815B § 27]
This municipal consent shall become effective as of the date of publication in accordance with the law and the company's written acceptance of the terms and conditions hereof.