[HISTORY: Adopted by the Township Committee
of the Township of Boonton 6-14-2010 by Ord. No. 777.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded
former Ch. A181, Cable Television Franchise, adopted 2-14-1994 by
Ord. No. 470.
For the purpose of this ordinance, the terms defined above[1] shall have the meanings there indicated, and the following
additional terms shall have the following meanings:
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.
Cablevision's application for renewal of municipal consent,
which application is on file in the Township Clerk's office and is
incorporated herein by reference and made a part hereof, except as
modified, changed, limited or altered by this ordinance.
The Board of Public Utilities of the State of New Jersey
or its successor agency.
CSC TKR, LLC d/b/a Cablevision of Morris ("Cablevision"),
the grantee of rights under this ordinance.
The Federal Communications Commission.
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.
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.
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.
The State of New Jersey.
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 14:18-1 et seq., or as such regulations may be amended.
The governing body of the Township of Boonton in the County
of Morris, and the State of New Jersey.
[1]
Editor's Note: Refer to the preamble of Ord. No. 777, on file
in the Township offices.
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 Township 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 Township hereby grants to Cablevision its non-exclusive
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 Township of a cable television
system or other communications facility, and for the provision of
any communication service over such facilities 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-exclusive and shall
be for a term of 15 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-16, and
applicable state and federal rules and regulations. In accordance
with N.J.S.A. 48:5A-25.1, both the Township and Cablevision shall
be bound by the terms of this municipal consent until such time as
Cablevision converts the municipal consent (and any certificate of
approval) into a system-wide franchise.
The consent granted under this ordinance to Cablevision shall
apply to the entirety of the Township 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 within the
portion of the franchise territory, as described in the application
for municipal consent, at Cablevision's schedule of rates for standard
and nonstandard installation.
Cablevision shall extend service along any public right-of-way
outside its 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 Township, 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 Township. In the
event applicable law hereinafter permits a larger franchise fee to
be collected, but does not fix the amount thereof, the Township and
Cablevision shall negotiate in good faith with respect to the amount
thereof; provided, however, that nothing herein shall be construed
to permit the Township to require payment of a franchise fee by Cablevision
that is higher than the fee paid by all other cable television service
providers offering service in the municipality.
A.
Cablevision shall, upon written request, provide free of charge one
standard installation and monthly cable television reception service
to all state or locally accredited public schools and all municipal
public libraries, as well as municipal buildings located within the
Township, including the fire house and satellite fire house, as set
forth in the municipal application.
B.
Upon written request from the Township, the company shall provide
to state and locally accredited elementary and secondary schools and
municipal public libraries in the Township, without charge, the following:
one standard installation per school or library; one cable modem per
installation; and basic cable modem service for the term of this ordinance
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.
The company shall continue to provide to the Township, without charge
at one designated location, the following: one standard installation;
one cable modem; and basic cable modem service for the term of this
ordinance. 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 cable plant and
facilities in the Township:
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 Township, 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 Township, 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 Township 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 Township 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.
A.
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 Township as an additional insured and
insuring against loss by any such claim, suit, judgment, execution
or demand in the minimum amounts of $1,000,000 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. The company shall
also maintain an excess liability policy in the amount of $5,000,000.
B.
Cablevision shall indemnify, protect and save the Township harmless
from and against losses and physical damages to property, including
those properties owned or under the control of the Township, and bodily
injury or death of persons, including payments made under any workers'
compensation law, which may arise out of or be caused by the construction,
location, installation, operation, erection, maintenance, repair,
replacement, removal or use of the cable television system within
the Township contemplated by this franchise or by any act of the company,
its agents or employees; provided, however, that the company shall
not be required to indemnify, protect and save harmless for any losses
and physical damages and bodily injury or death of persons which may
arise out of or be caused by the negligent acts or omissions of the
Township, its agents or employees.
Cablevision shall obtain and maintain, at its sole cost and
expense, during the entire term of this agreement, 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.
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 Township pursuant to state and federal
requirements. The company shall in no way be held liable for any injury
suffered by the Township 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 Township 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 Township's regulatory authority within
the Township creates a significant competitive disadvantage to Cablevision,
the company shall have the right to request from the Township lawful
amendments to its franchise that relieve it of 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 Township 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.
B.
If the parties are unable to reach an agreement on appropriate amendments
to the franchise, the Township 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, the Township shall be under no obligation to support Cablevision's
request for such relief from the Board.
C.
In any subsequent municipal consent, the Township shall require,
at a minimum, the same terms and conditions of any other provider
of multichannel video programming subject to the Town's regulatory
authority as those contained in the initial consent. In the event
such subsequent consent does not contain the same terms and conditions
as the initial consent, the Township 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 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 cable 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 non-commercial public,
educational and governmental (PEG) access services available to the
residents of the Township as described in the application for municipal
consent. All Cablevision support for PEG access shall be for the exclusive
benefit of Cablevision's subscribers.
B.
The Township 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 Township 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 Township's provision of PEG access programming
on such channel.
C.
Cablevision shall have discretion to determine the format and method
of transmission of the PEG access programming provided for in this
section.
D.
Cablevision shall provide the Township with a one-time technology
grant of $15,000. Cablevision shall provide an initial grant payment
of $1,000 within 90 days of the issuance of the certificate of approval
by the Board of Public Utilities. The remaining grant of $14,000 shall
be provided in annual installments of $1,000, within 90 days of receipt
of the written request by the Township (the "annual grant"). The Township
may utilize the grant for any cable and/or other telecommunications
purposes, provided such uses are lawful and consistent with the terms
of this ordinance; and if used to purchase communications services,
the Township shall seek to purchase such services from the company
or its affiliates, if offered. The company shall have no further obligation
to provide any technology grant payments due and payable after the
date upon which the company converts the municipal consent granted
herein to a system-wide franchise in accordance with N.J.S.A. 48:5A-25.1.
All of the commitments contained in the application and any
amendment thereto submitted in writing to the Township 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, as such laws, rules
and regulations may be amended from time to time.
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.
Notices required under this ordinance shall be in writing and
shall be mailed, first class, postage prepaid, to the addresses below.
Either party may change the place where notice is to be given by providing
such change in writing at least 30 days prior to the time such change
becomes effective. The time to respond to notices under this ordinance
shall run from receipt of such written notice. Notices to the company
shall be mailed to:
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Cablevision Systems Corporation
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638 Route 10
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Randolph, NJ 07869
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Attention: Vice President for Government/Public Affairs, New
Jersey
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With a copy to:
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Cablevision of Morris
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1111 Stewart Avenue
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Bethpage, NY 11714
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Attention: Legal Department
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Notices to the Township shall be mailed to:
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Township of Boonton
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155 Powerville Road
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Boonton, New Jersey 07005
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Attention: Township Administrator
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This ordinance shall take effect upon issuance of a certificate
of approval as issued by the Board of Public Utilities that incorporates
the material terms of this ordinance. Nothing herein shall alter the
right of the company to seek modification of this ordinance in accordance
with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7.
