[HISTORY: Adopted by the Mayor and Council of the Borough
of Clayton 9-14-2000 by Ord. No.
10-00.[1] Amendments noted where applicable.]
[1]
Editor's Note: Former Ch. A126, Cable Television Franchise,
adopted 9-9-1999 by Ord. No. 11-99, was repealed 9-14-2000 by Ord.
No. 9-00.
The Borough hereby grants to Comcast Cablevision of Gloucester
County, Inc., 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 Borough
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 Borough of
a cable television and communications system.
For the purpose of this ordinance, 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
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:
Chapter 186 of the General Laws of New Jersey, and subsequent
amendments thereto, N.J.S.A. 48:5A-1 et seq.
Any service tier, which includes the retransmission of local
television broadcast signals as defined by the FCC.
The Board of Public Utilities, State of New Jersey.
The grantee of rights under this ordinance and is known as
"Comcast Cablevision of Gloucester County, Inc."
The Federal Communications Commission.
The Borough of Clayton, County of Gloucester, State of New
Jersey.
The Office of Cable Television of the Board.
Public hearings conducted by the Borough 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 Borough, having received
at said public hearings all comments regarding the qualifications
of the company to receive this renewal of municipal consent, the Borough
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 expiration of the previous certificate of approval
as issued by the Board. Said consent is subject to an automatic renewal
term of 10 years in accordance with the procedures set forth in N.J.S.A.
48:5A-19 and N.J.A.C. 14:18-13.6 et seq.
B.
The municipality may conduct a review of the company's compliance
under this ordinance. Said review shall commence on the fourth anniversary
of the granting of the renewal certificate of approval and shall be
completed no later than six months from that date. The municipality
shall notify the company and the OCTV of the commencement of said
review in writing and shall also notify the company and OCTV in writing
30 days after completion of said review. The company shall have the
right to fully participate and present evidence in these proceedings.
C.
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 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 Borough 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 Borough 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 Borough and any property
subsequently annexed hereto.
The company shall be required to proffer service along any public
right-of-way to any person's residence or business located in
all areas of the franchise territory as described herein at tariffed
rates for standard and nonstandard installations.
A.
The company has completed an upgrade of the cable television distribution
system serving the Borough. The upgraded system is a hybrid fiber
optic/coaxial cable system following a fiber to the node architecture.
The upgraded system provides improved picture quality, enhanced signal
reliability and increased channel capacity.
B.
The upgrade has been completed following the company's engineering
guidelines for hybrid fiber/coaxial (HFC) plant design, which meets
or exceeds all applicable state and federal regulations as well as
voluntary cable television industry standards and follows commonly
accepted industry practices.
A.
Restoration. In the event that the company or its agents shall disturb
any pavement, street surfaces, sidewalks, driveways, or other surface
in the nature 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, relay 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 community upon
written request of the Borough Administrator or Clerk.
A.
The company shall continue to comply fully with all applicable state
and federal statutes and regulations regarding credits for outages,
the reporting of same to regulatory agencies and notification 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 effort to meet or exceed voluntary standards
for telephone accessibility developed by the National Cable Television
Association (NCTA). Those standards shall include, but not be limited
to, the goal of answering 90% of incoming telephone calls within 30
seconds.
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 appropriate under law.
E.
The company is permitted, but is not required, to charge a late fee
consistent with applicable state and federal statutes and regulations.
The Office of Cable Television is hereby designed as the complaint
officer for the municipality pursuant to N.J.S.A. 48:5A-26b. 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 Borough customers from the
OCTV.
A.
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. 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.
Telephone response for such purposes as mentioned herein will be provided
by the company's employees, representatives or agents 24 hours
a day.
B.
The telephone number and address of the local office shall be listed
in applicable telephone directories and in correspondence from the
company to the customer. The telephone number for the local office
shall utilize an exchange that is a non-toll call for Borough residents.
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 residents with system-wide
public access channel opportunities to be utilized by qualified individuals
and organizations 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 system-wide leased or commercial
access channel opportunities for the purpose of cablecasting commercial
access programming in conformance with the company's guideline
and applicable state and federal statutes and regulations.
C.
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 channels that the company transmits.
D.
The company shall provide the Borough with a one-time grant in the
amount of $35,000 within six months of receipt of a renewal certificate
of approval (COA) for the purchase of video production equipment or
to be otherwise used in support of the access programming as the Borough
deems appropriate.
A.
The company shall continue to provide total preferred cable television
service on one outlet at no cost to each school in the Borough, public
and private, elementary, intermediate and secondary, provided the
school is within 200 feet of active cable distribution plant. Each
additional outlet installed, if any, shall be paid for by the school
requesting service on a materials plus labor basis. Monthly service
charges shall be waived on all additional outlets.
B.
The company shall continue to provide total preferred cable television
service at no cost on one outlet to each police, fire, first aid,
emergency management facility, public library and community center
in the Borough at no cost or charge, provided the facility is located
within 200 feet of active cable distribution plant. Each additional
outlet installed, if any, shall be paid for by the Borough on a materials
plus labor basis. Monthly service charges shall be waived on all additional
outlets.
C.
The company shall continue to provide free basic Internet service,
via high-speed cable modem, to one nonnetworked personal computer
in each school in the Borough, public and private, elementary, intermediate
and secondary, at no charge.
D.
The company shall continue to provide free basic Internet access
via high-speed cable modem on one nonnetworked personal computer in
the Borough's public library(ies), at no charge.
E.
Company representatives shall appear at least once annually, upon
reasonable written request of the Borough, at a public hearing of
the governing body or before the Borough's Cable Television Advisory
Committee, to discuss matters pertaining to the provision of cable
service to residents of the Borough and other related issues as the
Borough and company may see fit.
F.
The company shall make every effort to deploy new or advanced technology
and/or services in the Borough that are commercially available, economically
practicable, and technically feasible. That technology shall include
but not be limited to: video on-demand; digital video compression;
advanced or high-definition television; digital audio services; digital
television, high-speed Internet access via cable modem; and interactive
program guides.
In the event that the Borough determines that it is necessary
and feasible for it to contract with the company for the purpose of
providing two-way or interconnection services, the company shall be
required to apply to the BPU for approval to enter into and establish
the terms and conditions of such contract. All costs for such application
to the BPU shall be borne by the Borough.
A.
Upon activation of the state's Emergency Alert System (EAS),
the company shall be required to have the capability to override at
the head end a portion of the system in order to permit the cablecasting
of emergency messages. The company's participation in the EAS
shall be in compliance 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 damage
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 $3,000,000.
All of the commitments and statements contained in the application
and any amendments 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 municipal consent. The application
and any other relevant writings submitted by the company shall be
considered a part of this ordinance and made a part hereof by reference
as long as it does not conflict with state or federal law.
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.
This ordinance shall take effect immediately upon issuance of
a renewal certificate of approval from the BPU.
