[HISTORY: Adopted by the Mayor and Council of the Borough of Edgewater 7-19-1993 by Ord. No. 1008-93 (Ch. A313 of the 1975 Code). Amendments noted where applicable.]
The municipality hereby grants to Vision Cable Television Company, which name is designated on the amended application and filed with the Board of Regulatory Commissioners of the State of New Jersey, its consent to place in, upon, along, across, above, over and under the highways, streets, alleys, sidewalks, public ways and public places in the municipality, poles, wire, cables, underground conduits, manhole and other television conductors and fixtures necessary for the maintenance and operation in the municipality of a cable television system and cable 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 (47 CFR 76.5) 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 or state definitions:
- ACT or CABLE TELEVISION ACT
- Chapter 186 of the General Laws of New Jersey, 1972, Section 48:5A-1 et seq., as amended.
- COMPANY (or "company")
- The grantee of rights under this ordinance and is known as "Vision Cable Television Company," which name is designated on the amended application filed with the Board of Regulatory Commissioners of the State of New Jersey.
- The Borough of Edgewater, County of Bergen, in the State of New Jersey.
Public hearings concerning the franchise herein granted to the company were held after proper public notice pursuant to the terms and conditions of the Act and pursuant to communications with the Board of Regulatory Commissioners and on dates meeting the approval of representatives of all applicants. The hearings have been held as above stated and have been fully open to the public, and the municipality having received at these hearings all comments regarding the qualifications of the company to receive this franchise, 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 15 years from the date of the expiration of the original certificate of approval as issued by the Board of Public Utilities. This term shall be automatically renewed for a period of 10 years unless either the municipality or the company shall, not later than 60 days before the expiration of the initial term, serve upon the party notice of its intention not to accept such automatic renewal as set forth in N.J.S.A. 48:5A-25.
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 48:5A-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 municipal governing body relative to the renewal of said consent.
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 from subscribers to its cable television reception service in the municipality, or any amount permitted by the New Jersey Cable Television Act or otherwise allowed by law.
The consent granted herein to the company shall apply to the entirety of the municipality of the Borough of Edgewater and any property hereafter annexed by the municipality by law.
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 Edgewater.
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 proposal in the application.
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. 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 and relocate its equipment at the expense of the company.
Temporary removal of cables. The company shall temporarily move or remove appropriate parts of its facilities to allow moving of buildings or machinery or in other similar circumstances. The expense shall be borne by the party requesting such action except when requested by the municipality, in which case the company shall bear the cost.
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 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.
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. The present address of the company for such purpose is 200 Roosevelt Avenue, Palisades Park, New Jersey. Such local business office shall be open during normal business hours, but in no event less than 9:00 a.m. through 5:00 p.m., Monday through Friday.
The Cable Television Advisory Committee formed by the Mayor and Council of the municipality, or any designated persons or entity which may be appointed from time to time by the Mayor and Council of the municipality, shall be empowered to receive any complaints and to process these complaints to the Office of Cable Television, which 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. 14:17-7.1.
During the life of the franchise, the company shall post a performance bond to the municipality of Edgewater in the sum of $25,000. Such bond shall be to ensure the faithful performance of all undertakings of the company as represented in its application for municipal consent incorporated herein.
The municipality, having determined that the rates proposed in the application for cable television receipt service are reasonable, approves them as presented, subject to review and regulation by the Board, if permitted by law.
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.
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 Edgewater as an additional insured and insuring against loss by any such claim, suit, judgment, execution or demand in the minimum amounts of $150,000 for bodily injury or death to any one person, within the limit, however, of $500,000 for bodily injury or death resulting from any one accident; $100,000 for property damage resulting from any one accident; $50,000 for all other types of liability; or for any other amounts statutorily mandated.
The company shall hold the municipality harmless for any liability arising out of the company's operation and construction of its CATV system.
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 such holding shall not affect the validity of the remaining portions hereof.
It is understood that should any state or federal agency or body modify, change or alter any of its provisions with respect to cable television generally, such modifications, changes or alterations shall be incorporated into this consent consistent with the application dates specified in the change.
This municipal consent shall become effective as of the date upon which the municipality received written notification that the company accepts the terms and conditions herein.