[HISTORY: Adopted by the Mayor and Council of the Borough
of Raritan 12-16-2003 by Ord. No. 03-16 (Appendix, Part III,
of the 1966 Code). Amendments noted where applicable.]
For the purpose of this ordinance, the terms defined above shall
have the meanings there indicated, and the following additional terms
shall have the following meanings:
ACT or CABLE TELEVISION ACT
That statute of the State of New Jersey relating to cable
television, known as the "Cable Television Act," N.J.S.A. 48:5A-1
et seq.
APPLICATION
Cablevision's application for renewal of municipal consent,
which application is on file in the Borough's office and is incorporated
herein by reference and made a part hereof, except as modified, changed,
limited or altered by this ordinance.
BOARD
The Board of Public Utilities of the State of New Jersey
or its successor agency.
BOROUGH
The governing body of the Borough of Raritan in the County
of Somerset and the State of New Jersey.
COMPANY
CSC TKR, Inc., (Cablevision), the grantee of rights under
this ordinance.
FCC
The Federal Communications Commission.
FEDERAL ACT
That federal statute relating to cable communications, commonly
known as the "Cable Communications Policy Act of 1984," 47 U.S.C.
§ 521 et seq., and the Telecommunications Act of 1996, or
as those statutes may be amended.
FEDERAL REGULATIONS
Those federal regulations relating to cable television services,
47 CFR 76.1 et seq. (and, to the extent applicable, any other federal
rules and regulations relating to cable television, including but
not limited to those described in 47 CFR 76.3), or as such regulations
may be amended.
STATE
The State of New Jersey.
STATE REGULATIONS
Those regulations of the State of New Jersey Board of Public
Utilities relating to cable television; N.J.A.C. 14:17-1.1 et seq.
and N.J.A.C. 14:18-1 et seq., or as such regulations may be amended.
A public hearing concerning the consent herein granted to Cablevision
was held 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 Cablevision to receive this consent, the Borough hereby finds Cablevision
possesses the necessary legal, technical, character, financial and
other qualifications to support municipal consent, and that Cablevision's
operating and construction arrangements are adequate and feasible.
The Borough hereby grants to Cablevision its nonexclusive consent
to place in, upon, along, across, above, over, and under its 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 Borough of a cable television system,
and for the provision of any communications service over the such
system as may be authorized by federal or state regulatory agencies.
Operation and construction, pursuant to said consent, is conditioned
upon prior approval of the Board of Public Utilities.
This consent granted herein shall be nonexclusive and shall
be for a term of 10 years from the date of issuance of a certificate
of approval by the Board.
If Cablevision seeks successive consent, it shall, prior to
the expiration of this consent, apply for a municipal consent and
certificate of approval in accordance with N.J.S.A. 48:5A-11 and N.J.S.A.
48:5A-16, and applicable state and federal rules and regulations.
The company shall also seek approval from the Office of Cable Television
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 Borough and the Board relative to the renewal of said
consent.
The consent granted under this ordinance to Cablevision shall
apply to the entirety of the Borough and any property hereafter annexed.
Cablevision shall be required to proffer service along any public
right-of-way to any person's residence located in the franchise
territory, as described in the map attached to the application, at
tariffed rates for standard and nonstandard installation. Such area
designated shall constitute the primary service area.
Cablevision shall extend service along any public right-of-way
outside its primary service area to those residences within the franchise
territory which are located in areas that have a residential density
of 25 homes per mile or greater, or areas with less than 25 homes
per mile where residents agree to share the costs of such extension
in accordance with the line extension formula as provided by the company
in its application for municipal consent.
Pursuant to the terms and conditions of the Cable Television
Act, Cablevision shall pay to the Borough, as an annual franchise
fee, a sum equal to 2% of the actual gross revenues received from
all recurring charges in the nature of subscription fees paid by subscribers
for its cable television reception services in the Borough. In the
event applicable law hereinafter permits a larger franchise fee to
be collected, but does not fix the amount thereof, then the Borough
and Cablevision shall negotiate in good faith with respect to the
amount thereof. If the parties are unable to agree on said amount,
the parties reserve their rights to pursue their respective remedies
at law.
A. Cablevision shall, upon written request, provide, free of charge,
one standard installation and monthly basic cable television service
to all state or locally accredited public and private elementary and
secondary schools and all municipal public libraries, as well as municipal
buildings used for governmental purposes within the Borough.
B. The company shall provide, free of charge, one standard installation,
one cable modem and monthly Internet access service to one municipal
location, upon written request by the Borough. The Borough shall be
permitted, at its own cost, to network up to three additional personal
computer terminals in the designated building (four computers in total)
to the cable modem provided by Cablevision.
C. Cablevision shall provide, upon written request, free of charge,
one high-speed cable modem and monthly Internet access service, including
a standard installation, to each state or locally accredited public
and private elementary and secondary school within the Borough. The
cable modem provided by the company may be networked to an additional
nine computer terminals at each school; however, the costs, including
the cost of the router that would be required to network these additional
computers, will be borne by the Borough. The router, if purchased
from the company, shall be at a cost not to exceed $2,000. Alternatively,
the Borough may elect not to purchase the router, and instead, at
its own cost, network the cable modem to three additional personal
computer terminals (four computers in total) in the schools.
D. Cablevision shall provide, upon written request, free of charge,
one high-speed cable modem and monthly Internet access service, including
a standard installation, to the municipal public library in the Borough.
The cable modem provided by the company may be networked to an additional
nine computer terminals at such public library; however, the costs,
including the cost of the router that would be required to network
these additional computers, will be borne by the Borough. The router,
if purchased from the company, shall be at a cost not to exceed $2,000.
Alternatively, the Borough may elect not to purchase router, and instead,
at its own cost, network the cable modem to three additional personal
computer terminals (four computers in total) in the Borough library.
Cablevision shall perform construction and installation of its
plant and facilities in accordance with applicable state and federal
law. The company shall be subject to the following additional construction
requirements with respect to the installation of its plant and facilities
in the Borough:
A. In the event that the company or its agents shall disturb any pavement,
street surfaces, sidewalks, driveways or other surfaces, the company
shall at its sole expense restore and replace such disturbances in
as good a condition as existed prior to the commencement of said work.
B. 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 Borough, shall
remove or relocate its equipment, at its own expense.
C. Upon request of a person holding a building or moving permit issued
by the Borough, the company shall temporarily move or remove appropriate
parts of its facilities so as to permit the moving or erection of
buildings or for the performance of other work. The expense of any
such temporary removal or relocation shall be paid in advance to the
company by the person requesting the same. In such cases, the company
shall be given not less than 14 days' prior written notice in
order to arrange for the changes required.
D. During the exercise of its rights and privileges under this consent,
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, conduits and fixtures of the company. Such trimming
shall be only to the extent necessary to maintain proper clearance
for the company's facilities.
Cablevision shall comply with the technical and customer service
standards established for the cable industry under applicable federal
and state laws, rules and regulations.
Cablevision shall establish and maintain during the entire term
of this consent a local area business office or agent for the purpose
of receiving, investigating and resolving complaints regarding the
quality of service, equipment malfunctions and similar matters. Said
office shall be open daily during normal business hours, and in no
event less than 9:00 a.m. to 5:00 p.m., Monday through Friday, with
the exception of holidays.
The Office of Cable Television is hereby designated as the complaint
officer for the Borough, pursuant to the provisions of N.J.S.A. 48:5A-26.
All complaints shall be reviewed and processed in accordance with
N.J.A.C. 14:17-6.5.
Cablevision agrees to maintain and keep in force and effect
at its sole cost at all times during the term of this consent sufficient
liability insurance naming the Borough as an additional insured and
insuring against loss by any such claim, suit, judgment, execution
or demand in the minimum amounts of $500,000 for bodily injury or
death to one person, and $1,000,000 for bodily injury or death resulting
from any one accident or occurrence stemming from or arising out of
the company's exercise of its rights hereunder.
Cablevision shall obtain and maintain, at its sole cost and
expense, during the entire term of this ordinance, a bond to the municipality
in the amount of $25,000. Such bond shall be to insure the faithful
performance of its obligations as provided in this franchise.
A. The rates of the company for cable television service shall be subject
to regulation to the extent permitted by federal and state law.
B. Cablevision shall implement a senior citizen discount in the amount
of 10% off the monthly broadcast basic level of cable television service
rate to any person 62 years of age or older who subscribes to cable
television services provided by the company, subject to the following:
(1)
Such discount shall only be available to eligible senior citizens
who do not share the subscription with more than one person in the
same household who is less than 62 years of age; and
(2)
Subscribers seeking eligibility for the discount must meet the
income and residence requirements of the Pharmaceutical Assistance
to Aged and Disabled (PAAD) Program in the state, pursuant to N.J.S.A.
30:4D-21;
(3)
The senior citizen discount herein relates only to the entry-level
basic rate of cable television service and shall not apply to any
additional service, feature, or equipment offered by the company,
including premium channel services and pay-per-view services.
(4)
Senior citizens who subscribe to a level of cable television
service beyond expanded basic service, including any premium or per-channel
a la carte service, shall not be eligible for the discount.
Cablevision shall be required to have the capability to override
the audio portion of the system in order to permit the broadcasting
of emergency messages by the Borough pursuant to state and federal
requirements. 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 municipality is unable to make full use of the
cable television system as contemplated herein. The Borough shall
utilize the state-approved procedures for such emergency uses.
A. In the event that the Borough approves or permits a cable system
to operate in the community on terms more favorable or less burdensome
than those contained in this ordinance, such more favorable or less
burdensome terms shall be applicable in this consent, subject to a
petition to the Board of Public Utilities as provided for in accordance
with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7.
B. In the event that a nonfranchised multichannel video programmer provides
service to residents of the Borough, Cablevision shall have a right
to request franchise amendments to this ordinance that relieve Cablevision
of regulatory burdens that create a competitive disadvantage to the
company. In requesting amendments, Cablevision shall file with the
Board of Public Utilities a petition for approval in accordance with
N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7 seeking to amend the ordinance.
Such petition shall i) indicate the presence of a nonfranchised competitor(s);
ii) identify the basis for Cablevision's belief that certain
provisions of this franchise place it at a competitive disadvantage;
and iii) identify the regulatory burdens to be amended or repealed
in order to eliminate the competitive disadvantage. The Borough shall
not unreasonably withhold or object to granting the company's
petition and so amending the ordinance, subject to a petition to the
Board of Public Utilities as provided for in accordance with N.J.S.A.
48:5A-47 and N.J.A.C. 14:17-6.7.
Upon expiration, termination or revocation of this ordinance,
Cablevision at its sole cost and expense and upon direction of the
Board shall remove the cables and appurtenant devices constructed
or maintained in connection with the services authorized herein, unless
Cablevision, its affiliated entities or assignees should, within six
months after such expiration, termination or revocation, obtain certification
from the FCC to operate an open video system or any other federal
or state certification to provide telecommunications.
A. Cablevision shall continue to make available noncommercial public,
educational and governmental (PEG) access as described in the application
for municipal consent.
B. Cablevision shall provide and maintain one governmental/educational
access channel ("EG access") for use by the local government and accredited
educational institutions of the Borough. This channel may only be
used for noncommercial programming. The Borough agrees that Cablevision
shall retain the right to use the EG access channel, or portion thereof,
for non-EG access programming during times when the Borough is not
utilizing the channel for purposes of providing EG access programming.
In the event that the company uses said EG access channel for the
presentation of such other programming, the EG programming shall remain
the priority use, and the company's rights with respect to using
the channel for non-EG programming shall be subordinate to the Borough's
provision of EG access programming on such channel.
C. Cablevision shall provide one access return line at the municipal
building located at 22 First Street for use by the Borough in the
production of noncommercial educational and governmental access programming
on the cable system.
D. In consideration for the rights granted by this ordinance, Cablevision
shall provide the Borough with a one-time grant of $5,000 to be used
by the municipality specifically for cable and/or other telecommunications-related
purposes, including to supplement PEG-access-related production and
programming efforts in the Borough.
All of the commitments contained in the application and any
amendment thereto submitted in writing to the Borough by the company,
except as modified herein, are binding upon Cablevision as terms and
conditions of this consent. The application and any other written
amendments thereto submitted by Cablevision in connection with this
consent are incorporated in this ordinance by reference and made a
part hereof, except as specifically modified, changed, limited, or
altered by this ordinance, or to the extent that they conflict with
state or federal law.
This consent shall be construed in a manner consistent with
all applicable federal, state and local laws.
If any section, subsection, sentence, clause, phrase, or portion
of this ordinance is for any reason held invalid or unconstitutional
by any court 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 portion thereof.
This ordinance shall take effect upon issuance of a certificate
of approval as issued by the Board of Public Utilities.