[HISTORY: Adopted by the Township Council of the Township
of Allamuchy 10-16-2007 by Ord. No. 2007-12; amended in its entirety 9-23-2020 by Ord. No. 2020-11. Subsequent 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:
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. Section
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 C.F.R. Section 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 C.F.R. Section
76.3), or as such regulations may be amended.
The installation of drop cable to a customer's premise
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 N.J.A.C. 14:18-1 et seq., or as such regulations may be amended.
The governing body of the Township of Allamuchy in the County
of Warren, and the State of New Jersey.
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. 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 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-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 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 primary service area to those residences within the franchise
territory which are located in areas that have a residential home
density of 25 homes per mile or greater, or areas with less than 25
homes per mile where residents agree to share the cost of such extension
in accordance with the line extension formula as provided by the company
in its application for municipal consent.
Cablevision shall pay to the Township an annual franchise fee,
in accordance with N.J.S.A. 48:5A-30.
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.
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:
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 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.
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.
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 $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 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 service 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, Township shall require, at a
minimum, the same terms and conditions of any other provider of multichannel
video programming subject to the Township'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. 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 NJAC 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 noncommercial 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 § A306-21.
D.
Cablevision shall provide the Township with a one-time PEG grant
of up to $6,000 payable as follows: 1) an initial grant payment of
$1,500 within 90 days of the issuance of the certificate of approval
by the Board of Public Utilities (the "initial grant"); and 2) a grant
up to $4,500 provided in annual installments of $500 each, upon written
request by the Township (the "annual grant). Each installment of the
annual grant shall be payable to the Township annually during the
term of this franchise, within 90 days from receipt of the Township's
written request. Cablevision shall not be obligated to make any additional
payments beyond year 10 of the franchise term.
E.
The Township agrees that the initial grant and the annual grant provided pursuant to Subsection E shall be used by the Township for any cable and/or other telecommunications related purpose and/or for the exclusive support of PEG access programming, such as the purchase and/or rental of PEG access equipment and facilities. On request, the Township shall provide Cablevision with a certification of compliance with this § A306-21E.
F.
The company shall have no further obligation to provide any PEG 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.
A.
Notices required under this ordinance shall 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.
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Notices to the company shall be mailed to:
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Altice USA, Inc.
1111 Stewart Avenue
Bethpage, NY 11714
Attention: Vice President for Government/Public Affairs, New
Jersey
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With a copy to:
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CSC TKR, LLC d/b/a Cablevision of Morris
c/o Altice USA
1111 Stewart Avenue
Bethpage, NY 11714
Attention: Legal Department
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Notices to the Township shall be mailed to:
Township of Allamuchy
92 Alphano Road
Great Meadows, NJ 07838
Attention: Township Administrator
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B.
Notwithstanding anything herein to the contrary, regulatory notices
from Cablevision to the Township which are required pursuant to 47
C.F.R. Part 76 may be served electronically upon the Township, instead
of by first class mail as described above, to an email address provided
by the Township.
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. In accordance with
N.J.S.A. 48:5A-25.1, the terms of this ordinance will no longer be
in effect upon Cablevision converting the municipal consent (and any
certificate of approval) into a system-wide franchise.
