[HISTORY: Adopted by the Mayor and Council of the Borough of Bloomsbury 11-22-2004 by Ord. No. 117-04, amended in its entirety by 12-27-2016 by Ord. No. 107-16. Subsequent amendments noted where applicable.]
This ordinance shall be known and may be cited as the "Service Electric Cable TV of Hunterdon, Inc., Cable Television Municipal Consent Renewal Ordinance."
For the purpose of this ordinance, the following terms, phrases, words and their derivations shall have the meanings given herein. Such meanings or definitions of terms shall be interpreted consistent with the definitions of the Federal Communications Commission, FCC Rules and Regulations, 47 CFR 76.1 et seq., and shall in no way be construed to broaden, alter or conflict with the federal or state definitions.
APPLICATION
The application of Service Electric Cable TV of Hunterdon, Inc., and addenda thereto, which application and addenda are on file in the office of the Borough Clerk and are incorporated herein by reference and made a part hereof, except as modified, changed, limited or altered by this ordinance.
BOARD
The Board of Public Utilities of the State of New Jersey.
BOROUGH or MUNICIPALITY
The municipality of the Borough of Bloomsbury, in the County of Hunterdon, in the State of New Jersey.
COMMITMENTS
The commitments, terms and undertakings on the part of Service Electric set forth in this ordinance.
COMPANY
The grantee of rights under this ordinance, and is known as "Service Electric Cable TV of Hunterdon, Inc."
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., or as the statute may be amended.
FEDERAL REGULATIONS
Those federal regulations relating to cable television service, 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.
STATE ACT
Chapter 186 of the General Laws of New Jersey, 1972, and subsequent amendments thereto, N.J.S.A. 48:5A-1 et seq.
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. 14:18-1.1 et seq., or as such regulations may be amended.
A. 
The municipality hereby grants to the company its nonexclusive 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, wires, cables, underground conduits, manholes, and other television conductors and fixtures necessary for the maintenance and operation in the municipality of a cable television system and cable communications system; provided, however, that no transmission towers may be erected without the prior approval of the municipality unless permitted by existing zoning provisions.
B. 
The municipality's consent to the renewal of the franchise is subject to the terms and conditions of this ordinance and the company's acceptance of the provisions of this ordinance and its written confirmation that it will comply with all of the commitments.
A public hearing regarding the company's consent application was held on October 25, 2016, after proper public notice, according to the terms and conditions of the State Act. The hearing was fully open to the public, and the Borough received at the hearing, and for a period of 30 days thereafter, all comments regarding the qualifications of the company to receive municipal consent. Pursuant to the terms and conditions set forth herein, the company possesses the necessary legal, technical, character, financial and other qualifications to support municipal consent, and 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 current certificate of approval issued by the Board of Public Utilities.
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 N.J.S.A. 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 Borough 2% of the gross revenues from all recurring charges in the nature of subscription fees paid by subscribers to its cable television reception service in the Borough. The fee shall be paid on or before January 25 of each year, and at the same time the company shall file with the chief financial officer of the municipality a statement showing the gross receipts upon which payment is based.
The company shall be required to proffer service along any public right-of-way to any residence 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 application for extension of the system will be made in accordance with the company's line extension policy as outlined in the application.
A. 
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, recognizing that the company will in no event be required to completely resurface any street, driveway, sidewalk or other surface.
B. 
If, at any time during the period of this consent, the Borough 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, re-lay and relocate its equipment, at the expense of the company, unless the Borough compensates other utilities relocating facilities, in which case the company shall also be entitled to compensation or reimbursement.
C. 
The company shall temporarily move or remove appropriate parts of its facilities to allow moving of buildings, machinery or in other similar circumstances. The expense for the movement or removal of such facilities shall be borne by the party requesting such action, except when requested by the Borough, in which case the company shall bear the cost.
D. 
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 Borough so as to prevent, but only to prevent, the branches of such trees from coming in contract 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, and no trees shall be trimmed, removed or destroyed without the prior consent of the Borough.
The company shall provide installation to each person's residence or business within the Borough based on the price schedule set forth in the application, which may be amended from time to time. The company shall also extend its plant along private roads under the same terms as set forth above in this section, except that it will be the responsibility of the property owners to acquire necessary easements. In the event that the density of homes along a private road does not meet the threshold under the company's line extension policy, then the property owner will have to share the cost of the line extension in addition to acquiring the necessary easements.
The consent granted herein to the company shall apply to the entirety of the Borough and any property hereafter annexed by the Borough.
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 local business office need not be located within the Borough, but rather within a reasonable distance thereof affording convenient accessibility to Borough subscribers. 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, except legal and company holidays. Such office shall be as required by the Office of Cable Television and prescribed in the rules and regulations thereof.
A. 
The Office of Cable Television (OCTV) is hereby designated as the complaint officer for the Borough pursuant to N.J.S.A. 48:5A-26b.
B. 
All complaints shall be received and processed in accordance with N.J.A.C. 14:18-6.5.
A. 
Facilities and equipment.
(1) 
In transmitting its television signals to subscribers in the Borough, the company shall provide a quality of signal that is at least as good as that customarily provided under prevailing industry standards.
(2) 
The company shall comply with any requirements imposed by the federal regulations, and (to the extent not preempted by federal law) any state regulations, relating to technical standards for the transmission of television signals, transmission quality, or facilities and equipment.
B. 
Emergency uses. In the event that a predominant number of the municipalities within the company's Phillipsburg service area agree to participate in an emergency use system, the company shall be required to have the capacity at the headend to override the audio portion of the system in order to permit the broadcasting of emergency messages by the Borough. The Borough shall provide such facilities; or if such facilities are provided by the company, it shall be the responsibility of the Borough to pay for their use. 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 Borough is unable to make full use of the cable television system as contemplated herein. The company and the participating municipalities shall also establish reasonable procedures for such uses.
C. 
Customer service. At the request of Borough, the company and the Borough's designee shall meet at least semiannually to review all matters relating to cable television in the Borough, with the minutes of such meetings to be delivered to the company and to be filed with the Borough.
D. 
Compliance with law. Notwithstanding any specific mention of applicable federal or state statutes or regulations above, the company shall comply with all of the requirements of the federal act, the federal regulations, the state act and state regulations (to the extent not preempted), and any other valid statute, regulation or rules, specifically including, but without limitation, those relating to equal employment opportunity. In the event of a conflict between the state act or state regulations and any FCC or federal regulation or federal act, the FCC or federal regulation or federal act shall prevail.
The Borough will not regulate the rates the company may charge subscribers for its service; provided that, in the event the federal act and other applicable law hereafter is amended to permit the exercise of regulatory power over rates by municipalities, the Borough reserves the right to exercise the maximum power permitted by law.
Although nothing herein shall require the company to carry or transmit any particular television stations or programming source, the company shall provide the subscribers in the Borough with at least the same broad categories of programming, in approximately the same quantity, as are now provided, and which appear in the application.
A. 
The company shall provide a "standard" installation at the company's own cost if the installation is within 200 feet of the company's activated plant, as measured from the company's extended cable on the street to the point of entry. If any building listed in this section is more than 200 feet from the company's plant, the company will charge the Borough for a "nonstandard" installation. The company shall provide the "standard" installation of one outlet and lifeline and first-tier level of monthly service to each school, library, municipally owed facility and fire house located in the Borough free of charge. Each additional outlet installation fee shall be paid for by the institution on a materials-plus-labor basis. Monthly service on other such additional outlets shall be charged at the regular tariffed rates for such services. The company shall also furnish free of charge standard business-class service, currently 35 Mbps, during each year of the term of this franchise, with high-speed internet service to the following offices within the municipality:
(1) 
Municipal offices, 91 Brunswick Avenue, Bloomsbury, New Jersey 08804.
(2) 
Department of Public Works Garage, 100 Church Street, Bloomsbury, New Jersey 08804.
(3) 
Elementary School, 20 Main Street, Bloomsbury, New Jersey 08804.
(4) 
Fire Department, 91 Brunswick Avenue, Bloomsbury, New Jersey 08804.
B. 
High-speed internet service shall be implemented to the foregoing entities on or about January 1, 2017, or at least 90 days after the issuance of the renewal certificate of approval. Delays caused by weather and equipment shortages shall extend the time for implementation. These offices shall also be eligible to receive any upgrade in internet speed as may be offered to other subscribers within the Borough during the term of this franchise.
A. 
The company shall pay, and by its acceptance of this franchise the company expressly agrees that it will pay, all damages and penalties which the Borough may legally be required to pay as a result of the company's negligence in the installation, operation, or maintenance of the cable television system authorized herein. The Borough shall notify the company's general manager within 15 days after the presentation of any claim or demand to the Borough, either by suit or otherwise, made against the Borough on account of any negligence or contract as aforesaid on the part of the company.
B. 
The company shall carry insurance against liability due to physical damages to property or bodily injury or death to any one person which shall be not less than $1,000,000, and not less than $1,000,000 to any one accident.
C. 
The company shall also carry such insurance as it deems necessary to protect it from all claims under the workers' compensation laws in effect that may be applicable to the franchise.
D. 
All insurance required by this ordinance shall be and remain in full force and effect for the entire life of this franchise. The insurer shall notify the Borough at least 30 days prior to its intention to cancel any policy. The insurer further shall certify to the Borough the fact of renewal of every such insurance policy at least 15 days prior to the expiration date.
To secure its faithful performance of its obligations under a renewal of the franchise during the renewal term, the company shall provide a performance bond in the sum of $25,000. Such bond shall specifically secure the faithful performance of all undertakings of the company as represented in the application and in the commitments.
All of the statements and commitments contained in the application and any amendment thereto submitted in writing by the company to the Borough, except as modified herein, are binding upon the company as terms and conditions of this consent. The application and any other relevant writings submitted by the company shall be annexed hereto and made a part hereof by reference to the extent that they do 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 such holding shall not affect the validity of the remaining portions hereof.
This ordinance shall take effect as of the date upon which the Borough receives written notification that the company accepts the provisions of this ordinance and upon publication thereafter.