[HISTORY: Adopted by the Board of Commissioners of the Village of Ridgefield Park 12-11-2018 by Ord. No. 2018-11. Amendments noted where applicable.]Attachment 1 - Attachment A
Editor's Note: This ordinance superseded former Ch. A205, adopted 10-12-2004 by Ord. No. 04-9 (Ch. A205 of the 1985 Code).
The municipality hereby grants to the company its nonexclusive consent to place in, upon, along, across, above and under the highways, streets, alleys, sidewalks, public ways, and public places in the municipality poles, wires, cables, and fixtures necessary for the maintenance and operation in the municipality of a cable television system. Operation and construction, pursuant to said consent, is conditioned upon prior approval of the Office of Cable Television & Telecommunications ("OCTV&T") of the State of New Jersey Board of Public Utilities ("BPU").
For purposes of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. Such meaning or definition of terms is supplemental to those definitions given by federal law, including the Federal Communications Commission, FCC Rules and Regulations 47 C.F.R. Subsection 76.1 et seq. and the Communications Act of 1934 at 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 federal or state definitions:
- ACT or CABLE TELEVISION ACT
- Is Chapter 186 of the General Laws of New Jersey, and subsequent amendments thereto, Section 48:5A-1, et seq.
- Is the grantee of rights under this chapter and is known as Time Warner Cable New York City LLC, l/k/a Charter Communications.
- Is the Village of Ridgefield Park, County of Bergen, State of New Jersey.
- STANDARD INSTALLATION
- Installations to residences and buildings that are located up to 125 aerial feet from the point of connection to the company's existing distribution system.
A public hearing concerning the consent herein granted to the company was held by the governing body after proper public notice pursuant to the terms and conditions of the Act. Said hearing, having been held and fully open to the public, and the municipality having received all comments regarding the qualifications of the company to receive this consent, the municipality 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 expire 10 years from the date of issuance by the BPU of a new certificate of approval based upon this chapter.
Pursuant to the terms and conditions of the Cable Television Act, the company shall, during each year of operation under the consent granted herein, pay to the municipality 3.5% of the gross revenues as defined in Section 3 of P.L. 1972 c. 186 (N.J.S.A. 48:5A-3), that the company derives during the calendar year from cable television service charges or fees paid by subscribers in the municipality to the company, or any amount permitted by the Act or otherwise allowable by law.
The consent granted herein to the company shall apply to the entirety of the municipality and any property hereafter annexed.
The company shall be required to proffer cable service along any public right-of-way to any person's residence or business located in all areas of the franchise territory described herein, in accordance with the proposal for the provision of cable services as described in the application. Any additional extension of the system shall be made in accordance with the company's line extension policy.
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, 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 said work.
Relocation. The company shall, upon receipt of reasonable advance written notice, to be not less than 10 business days, protect, support, temporarily disconnect, relocate, or remove any property of the company when lawfully required by the municipality pursuant to its police powers. The company shall be responsible for any costs associated with these obligations to the same extent all other users of the municipality's rights-of-way are responsible for the costs related to the relocation of their facilities.
Temporary removal of cables. The company shall, on the request of any third party holding a lawful permit issued by the municipality's, protect, support, raise, lower, temporarily disconnect, relocate in or remove from the municipality's rights-of-way as necessary any property of the company, provided that the expense of such is paid by any such third party benefiting from the relocation and the company is given reasonable advance written notice to prepare for such changes. The company may require such payment in advance. For purposes of this subsection, reasonable advance written notice shall be no less than 10 business days in the event of a temporary relocation and no less than 120 days for a permanent relocation.
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 municipality so as to prevent the branches of such trees from coming in contact with the wires and cables of the company. Such trimming shall be only to the extent necessary to maintain proper clearance for the company's facilities. Except for incidental trimming done by company employees in the course of performing their other duties, the company shall make good faith efforts to notify the municipality prior to engaging in any such activity. Such notice, to the extent required, shall be provided to the Superintendent of the Department of Public Works, 234 Main Street, Ridgefield Park, New Jersey 07660. No such prior notice is required in the event of an emergency, however, the company shall notify the municipality within a reasonable time after any emergency work.
During the term of this franchise the company shall maintain a local business office, which is currently located at 200 Roosevelt Place, Palisades Park, New Jersey 07650, for the purpose of receiving, investigating and resolving all complaints regarding the quality of service, equipment malfunctions and similar matters, and for receiving service of process. 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.
The OCTV&T of the State of New Jersey Board of Public Utilities is hereby designated as the complaint officer for the municipality, 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.
During the life of the franchise, the company shall give a bond to the municipality, 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 and incorporated herein.
The company shall provide access time for noncommercial use to noncommercial public, governmental and educational entities on one PEG access channel, which the municipality will share with other municipalities in Bergen County, New Jersey, with which the company has a cable franchise. Time shall be available on the PEG channel to the municipal governing body or its designee and the Board of Education or its designee at least once per week at a reasonable time to be set by the company. The company may also continue to maintain a studio for producing governmental access programming, currently located at 200 Roosevelt Place, Palisades Park, Bergen County, New Jersey 07650.
Subject to applicable law, the company shall provide, without charge, standard installation and one outlet and equipment of basic cable service to the locations identified in Attachment A. The basic cable service provided pursuant to this § A400-13 shall not be used for commercial purposes. The municipality shall take reasonable precautions to prevent any inappropriate use or loss or damage to the company's cable system.
Editor's Note: Attachment A is included as an attachment to this chapter.
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 municipality as an insured and insuring against loss by any such claim, suit, judgment, execution or demand in the minimum amounts of $1,000,000 for bodily injury or death per occurrence, and $500,000 for property damage per occurrence.
The company shall comply with 47 U.S.C. 544(g) and all regulations issued pursuant thereto with respect to an emergency alert system (EAS).
All of the commitments and statements contained in the application and any amendment thereto submitted in writing to the municipality by the company, except as modified herein, are binding upon the company as terms and conditions of this consent, subject to change in the ordinary course of business. The application and any other relevant writings submitted by the company shall be annexed hereto and made a part hereof by reference as long as they do not conflict with state or federal law.
The company shall not be liable or responsible for, in whole or in part, any delay or failure to perform any of its obligations hereunder which may result from accidents, floods, fires, earthquakes, tornadoes or other acts of God; war, acts of war (whether or not a declaration or war is made), civil disobedience; civil disturbance, sabotage or vandalism, customer tampering or interference, or act of public enemy; strikes, other labor or job actions or unavailability of materials or equipment; or other events or circumstances beyond the reasonable control of the company.
The company and the municipality acknowledge that there is a law currently in effect in New Jersey authorizing cable television companies to elect to seek state-issued franchises. The company has chosen not to do so at this time but rather to seek a municipal ordinance that will be approved by the issuance of a certificate of approval by the BPU. However, the company's decision at this time not to do so shall not be deemed or construed as a waiver of the company's right to do so in the future, should it so choose.
Should there be any change in local, state or federal law during the term of the franchise granted herein which reduces the regulatory or economic burdens for persons desiring to construct, operate or maintain a cable television system in the municipality, the municipality, at the company's request, shall agree with the company to amend this chapter to similarly reduce the regulatory or economic burdens on the company. All such amendments must have BPU approval to the extent required by applicable law. It is the intent of this section that, at the company's election, the company shall be subject to no more burdensome regulation or provided no lesser benefits under this chapter than any other persons that might provide cable television service in the municipality.
Upon adoption of this chapter by the Governing Body, and the approval of it by the BPU, and upon the issuance of certificate of approval by the BPU, all prior ordinances granting municipal consent to provide cable television service in and for the municipality shall be repealed in their entirety, and the terms of this chapter shall be in full force and effect.
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 affect the validity of the remaining portions hereof.
This chapter shall take effect on the date of issuance by the BPU of a new certificate of approval, but in no event earlier than 20 days from the date of adoption and publication as required by law.
Upon adoption of this chapter, a true copy of this chapter shall be filed with the Clerk of the Village of Ridgefield Park, and certified copies of the ordinance shall be forwarded to the OCTV&T and the BPU of the State of New Jersey, and to the applicant.