[HISTORY: Adopted by the Mayor and Council
of the Borough of Maywood 6-18-2009 by Ord. No. 17-09. Amendments noted where applicable.]
For the purpose of this chapter 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 Clerk's office and
is incorporated herein by reference and made a part hereof, except
as modified, changed, limited or altered by this chapter.
BOARD
The Board of Public Utilities of the State of New Jersey
or its successor agency.
BOROUGH
The governing body of the Borough of Maywood in the County
of Bergen and the State of New Jersey.
COMPANY
Cablevision of Oakland, LLC ("Cablevision"), the grantee
of rights under this chapter.
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.
STANDARD INSTALLATION
The installation of drop cable to a customer's premises
where the distance from the point of entry into the building being
served is less than 150 feet from the active cable television system
plant.
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. 14:18-4.1 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 communication 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 non-xclusive 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 a renewal of the consent provided herein,
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-16
and applicable state and federal rules and regulations. The Company
shall also petition the Board for 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 Borough and the
Board relative to the renewal of said consent.
The consent granted under this chapter to Cablevision shall
apply to the entirety of the Borough and any property hereafter annexed.
Cablevision shall be required to proffer video programming service
along any public right-of-way to any person's residence located
in the franchise territory at tariffed rates for standard and nonstandard
installation.
Cablevision shall pay to the Borough an annual franchise fee
of 3.5% of gross revenue, in accordance with N.J.S.A. 48:5A-30. The
parties represent that the conditions set forth in N.J.S.A. 48:5A-30d
have been met.
A. Cablevision shall provide, upon the request of the Borough, free
of charge, one standard installation and monthly cable television
reception service to all state or locally accredited public elementary
and secondary schools and all municipal public libraries, as well
as municipal buildings located within the Borough or any future municipally
owned buildings in the Borough used for municipal governmental purposes
and provided that they are a standard install.
B. Upon written request from the Borough, the Company shall provide
to all state or locally accredited public elementary and secondary
schools and all municipal public libraries in the Borough, without
charge, the following: 1) one standard installation per school or
library; 2) one cable modem per installation; and 3) basic cable modem
service for the term of this chapter for each installation. This offer
shall be subject to the terms, conditions and use policies of the
Company, as those policies may exist from time to time.
C. Upon written request from the Borough, the Company shall provide
to one municipality-owned facility, without charge, the following:
1) one standard installation; 2) one cable modem per installation;
and 3) basic cable modem service for the term of this chapter for
each installation. This offer shall be subject to the terms, conditions
and use policies of the Company, as those policies may exist from
time to time.
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 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, as determined by the Borough's Engineer under the Borough's
generally applicable laws, rules and regulations.
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 and shall be done only on notice
to the Borough of Maywood, which may inspect such work to ensure compliance
herewith.
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 chapter, a bond in a form
acceptable 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.
The rates of the Company for cable television services shall
be subject to regulation to the extent permitted by federal and state
law.
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 service of another multichannel video program
provider not subject to the Borough's regulatory authority within
the Borough creates a significant competitive disadvantage to Cablevision,
the Company shall have the right to request from the Borough lawful
amendments to its franchise that relieve it of the burdens which create
the unfair competitive situation. Should the Company seek such amendments
to its franchise, the parties agree to negotiate in good faith appropriate
changes to the franchise in order to relieve the Company of such competitive
disadvantages. If the parties can reach an agreement on such terms,
the Borough agrees to support the Company's petition to the Board
for modification of the consent in accordance with N.J.S.A 48:5A-47
and N.J.A.C. 14:17-6.3.
B. If the parties are unable to reach an agreement or appropriate amendments
to the franchise, the Borough acknowledges that the Company shall
have the right to petition the Board directly for such amendments
in accordance with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7; provided,
however, that the Borough shall be under no obligation to support
Cablevision's request for such relief from the Board.
C. In any subsequent municipal consent, the Borough shall require, at
a minimum, the same terms and conditions of any other provider of
multichannel video programming subject to the Borough's regulatory
authority as those contained in the instant consent. In the event
such subsequent consent does not contain the same terms and conditions
as the instant consent, Borough agrees to support the Company's
petition to the Board for modification of the consent in accordance
with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7 to relieve the Company
of competitive disadvantages identified in the Company's petition.
Upon expiration, termination or revocation of this chapter,
Cablevision, at its sole cost and expense and upon direction of the
Board, shall remove the cables and appurtenent 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. The Borough agrees that Cablevision shall retain the right to use
the PEG access channel, or portion thereof, for non-PEG access programming,
during times when the Borough is not utilizing the channel for purposes
of providing PEG access programming. In the event that the Company
uses said PEG access channel for the presentation of such other programming,
the PEG programming shall remain the priority use, and the Company's
rights with respect to using the channel for non-PEG programming shall
be subordinate to the Borough's provision of PEG access programming
on such channel.
C. Upon written request by the Borough, Cablevision shall install a
fiber access return feed at the municipal building, provided that
it is a standard installation. Upon completion of this installation,
Cablevision shall provide the Borough, in lieu of the regional public
access channel described in the application, with its own designated
PEG channel available for the exclusive use of the Borough.
D. In consideration for the rights granted in this chapter, the Company
shall provide the Borough with a grant in the amount of $14,500. Cablevision
shall provide an initial grant payment of $4,150 within the first
year of the new franchise agreement. The remaining grant of $10,350
shall be provided in annual installments of $1,150, upon written request
by the Borough (the "annual grant"). The annual grant may be used
by the Borough for any cable and/or other telecommunications-related
purpose, including purchase of cameras, as the Borough, in its discretion,
may deem appropriate. Cablevision shall not be obligated to make any
additional payments beyond year 10 of the franchise. The annual grant
shall be payable to the Borough within 60 days from receipt of the
Borough's written request. Notwithstanding the foregoing, should
Cablevision apply for a systemwide certification or otherwise convert
its municipal consent to a systemwide certification in accordance
with applicable law, it shall be relieved of any payments due and
owing after the date of such conversion or award of a systemwide franchise.
All PEG access support provided by Cablevision shall be for the exclusive
use of the company's customers in the municipality.
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 chapter by reference and made a part
hereof, except as specifically modified, changed, limited, or altered
by this chapter, 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 chapter 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 chapter shall take effect upon issuance of a certificate
of approval as issued by the Board of Public Utilities and upon passage
and publication as required by law.