[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:
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.
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]
a.
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.
b.
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.
c.
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.
d.
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]
a.
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.
b.
The company shall at its expense wire the classrooms
of Hubbard School to receive cable television reception service on
or before September 1,1993.
c.
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.
d.
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.
e.
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.
f.
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]
a.
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.
b.
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.
c.
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.
d.
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.
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The company agrees to keep the system state-of-the-art
during the entire franchise term, as compared with any New Jersey
and New York metropolitan area cable system of comparable size, and
will take all reasonable steps necessary to make HDTV signals or such
other technological advanced services, including interactive services,
available on the system when such services become commercially available
and economically feasible during the franchise term. Any challenge
to a determination regarding economic feasibility may be made by petition
to the appropriate government agency for a hearing as a contested
case.
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[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.
