[HISTORY: Adopted by the Township Council of the Township
of Livingston 3-19-2007 by Ord. No. 2-2007. Amendments noted where applicable.]
The Township of Livingston hereby rescinds Ordinance No. 19-2005
and, pursuant to the terms and conditions set forth herein, grants
to Comcast of New Jersey II, LLC renewal of its nonexclusive municipal
consent to place in, upon, across, above, over and under highways,
streets, alleys, sidewalks, easements, public ways and public places
in the municipality, 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 municipality of 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 ("FCC") rules and regulations,
47 CFR 76.1 et seq., and the Cable Communications 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 and state definitions:
APPLICATION
The company's application for renewal of municipal consent.
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
"Comcast of New Jersey II, LLC."
FCC
The Federal Communications Commission.
PRIMARY SERVICE AREA or PSA
Consists of the area of the municipality currently served
with existing plant as set forth in the map annexed to the company's
application for municipal consent.
Public hearings conducted by the municipality, 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 municipality,
having received at said public hearings all comments regarding the
qualifications of the company to receive this renewal of municipal
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.
A. The nonexclusive municipal consent granted herein shall expire 15
years from the date of issuance of the renewal certificate of approval
to be issued by the Board.
B. In the event that the municipality shall find that the company has
not substantially complied with the material terms and conditions
of this ordinance, the municipality shall have the right to petition
the OCTV, pursuant to N.J.S.A. 48:5A-47, for appropriate action, including
modification and/or termination of the certificate of approval; provided,
however, that the municipality shall first have given the company
written notice of all alleged instances of noncompliance and an opportunity
to cure same within 90 days of that notification.
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 municipality 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 municipality or any higher
amount permitted by the Act or otherwise allowable by law, whichever
is greater.
The consent granted under this ordinance to the renewal of the
franchise shall apply to the entirety of the municipality and any
property subsequently annexed hereto.
A. The company shall be required to proffer service to any residence
or business along any public right-of-way in the primary service area,
as set forth in the company's application. The company's
line extension policy, as set forth in the company's application,
shall govern any extension of plant beyond the primary service area.
B. Comcast will comply with all lawful rules and regulations governing
the operation of its cable television system and cable communications
system within the Township of Livingston. If any referenced regulations
are deemed unlawful by a court of competent jurisdiction or superseded
by a duly enacted state or federal statute or regulation, Comcast
will not be bound by such regulation, nor will the company be bound
by any provision of the municipal consent ordinance or renewal certificate
of approval with regard to same. Comcast reserves the right to seek
administrative or judicial review of the validity of any statute,
regulation or ordinance.
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
municipality, 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 overhanging streets, alleys, sidewalks or 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 of the company's wire and cables.
In providing services to its customers, the company shall comply
with N.J.A.C. 14:18-1, et seq. and all applicable state and federal
statutes and regulations. The company shall strive to meet or exceed
all voluntary company and industry standards in the delivery of customer
service and shall be prepared to report on it to the municipality
upon written request of the Municipality Administrator or Clerk.
A. The company shall continue to comply fully with all applicable state
and federal statutes and regulations regarding credit for outages,
the reporting of same to regulatory agencies and notifications of
same to customers.
B. The company
shall continue to fully comply with all applicable state and federal
statutes and regulations regarding the availability of devices for
the hearing impaired and the notification of same to customers.
C. The company
shall use every reasonable effort to meet or exceed voluntary standards
for telephone accessibility developed by the National Cable Television
Association (NCTA).
D. Nothing
herein shall impair the right of any subscriber or the municipality
to express any comment with respect to telephone accessibility to
the Complaint Officer, or impair the right of the Complaint Officer
to take any action that is permitted under law.
This Office of Cable Television is hereby designed 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. The municipality shall have the right to request copies
of records and reports pertaining to complaints by municipality customers
from the OCTV.
During the term of this franchise, and any renewal thereof,
the company shall maintain a business office or agent in accordance
with N.J.A.C. 14:18-5.1 for the purpose of receiving, investigating
and resolving all local complaints regarding the quality of service,
equipment malfunctions, and similar matters. Such a business office
shall have a publicly listed toll-free telephone number and be open
during standard business hours, and in no event (excepting emergent
circumstances) less than 9:00 a.m. to 5:00 p.m., Monday through Friday.
During the life of the franchise, the company shall give to
the municipality a bond 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 rates of the company shall be subject to regulation as permitted
by federal and state law.
A. The company
shall continue to provide a system-wide public access channel maintained
by the company. Qualified individuals and organizations may utilize
public access for the purpose of cablecasting noncommercial access
programming in conformance with the company's published public
access rules.
B. The company
shall continue to provide a system-wide leased access channel maintained
by the company for the purpose of cablecasting commercial access programming
in conformance with the company's guidelines and applicable state
and federal statutes and regulations.
C. The company
shall continue to provide a dedicated local access channel maintained
by the company for the purpose of cablecasting noncommercial access
programming in conformance with the company's guidelines and applicable
state and federal statutes and regulations.
D. The company
shall take any steps that are necessary to ensure that the signals
originated on the access channels are carried without material degradation,
and with a signal whose quality is equal to that of the other standard
channels that the company transmits.
A. The company shall provide standard installation second basic cable
television service on one outlet at no cost to each school in the
municipality, including public and private, elementary, intermediate
and secondary that are receiving service as of the effective date
of this ordinance, provided the school is within 200 feet of active
cable distribution plant. Each additional outlet installed, if any,
shall be paid for on a materials-plus-labor basis by the school requesting
service. Monthly service charges shall be waived on all additional
outlets.
B. The company shall provide standard installation and basic cable television
service at no cost on one outlet to each of the municipal facility
that is receiving such service as of the effective date of this ordinance,
provided the facility is located within 200 feet of active cable distribution
plant. Each additional outlet installed, if any, shall be paid for
on a materials-plus-labor basis by the municipality. Monthly service
charges shall be waived on all additional outlets. Upon completion
of the new municipal building and police headquarters, Comcast will
transfer the free services from the current municipal building and
police headquarters to the newly constructed facilities.
C. The company shall provide, free of charge, standard installation
and cable television service on one outlet; and Internet connection
via high-speed cable modem, to one nonnetworked computer at the public
library, provided said facility is located within 200 feet of active
cable distribution plant. Each additional outlet installed, if any,
shall be paid for on a materials-plus-labor basis by the municipality.
Monthly service charges shall be waived on all additional outlets.
D. The company shall provide a one-time grant for production equipment
in the amount of $80,000, to be paid within 180 days of the issuance
of a renewal certificate of approval by the Board.
E. The company shall provide the municipality with an editing package
with an estimated value of $5,000 to be provided within 180 days of
the issuance of a renewal certificate of approval by the Board.
F. The company,
at its sole expense, shall continue to maintain the existing fiber
optic return from the Township's High School and install and maintain
a second fiber optic return with transmitter, receiver and monitor
outlet (monitor not provided by Comcast) from a second origination
point within the Township and within 200 feet of active cable plant.
G. The company
will provide a second local access channel upon a demonstration by
the Township that utilization of the first access channel exceeds
80 hours per week of original, nonduplicated, noncommercial, first-run,
locally produced, full motion video programming over a period of 26
consecutive weeks.
A. The company
will comply with the Emergency Alert System ("EAS") rules in accordance
with applicable state and federal statutes and regulations.
B. The company
shall in no way be held liable for any injury suffered by the municipality
or any other person, during an emergency, if for any reason the municipality
is unable to make full use of the cable television system as contemplated
herein.
The company shall at all times maintain a comprehensive general
liability insurance policy with a single limit amount of $1,000,000
covering liability for any death, personal injury, property damages
or other liability arising out of its construction and operation of
the cable television system, and an excess liability (or "umbrella")
policy in the amount of $5,000,000.
All of the statements and commitments contained in the application
or annexed thereto and incorporated therein, and any amendment thereto,
except as modified herein, are binding upon the company as terms and
conditions of this consent. The application and other relevant writings
submitted by the company shall be annexed hereto and made a part hereof
by reference, provided same do not conflict with applicable state
or federal law.
Should the municipality grant a franchise to construct, operate
and maintain a cable television system to any other person, corporation
or entity on terms materially less burdensome or more favorable than
the terms contained herein, the Company may substitute such language
that is more favorable or less burdensome for the comparable provision
of this ordinance, subject to the provisions of 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 validity or unconstitutionality shall not affect
the validity of the remaining portions of the ordinance.
Nothing in this franchise or in any prior agreement is or was
intended to confer third-party beneficiary status on any member of
the public to enforce the terms of such agreements or franchise.
This ordinance shall take effect immediately upon issuance of
a renewal certificate of approval from the BPU.