[HISTORY: Adopted by the Township Committee of the Township
of Upper Deerfield 7-7-1994 by Ord. No. 424 (Ch. A103 of the 1977
Township Code). Amendments noted where applicable.]
For the purposes of this ordinance, the following terms, phrases,
words and their derivations shall have the meanings given herein.
Such meanings or definitions of terms are supplemental to those definitions
given by 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 federal or state definitions:
Chapter 186 of the General Laws of New Jersey, and subsequent
amendment thereto, N.J.S.A. 48:5A-1 et seq.
The application for renewal of municipal consent of Sammons
Communications of New Jersey, Inc., and any amendments thereto.
The grantee of rights under this ordinance, and is known
as "Sammons Communications of New Jersey, Inc."
The Municipality of the Township of Upper Deerfield, County
of Cumberland, State of New Jersey.
A public hearing concerning the consent herein granted to the
company 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 the company to receive this consent,
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 initial term of the consent herein granted shall expire
15 years from the date of expiration of the previous certificate of
approval as issued by the Board of Regulatory Commissioners of the
State of New Jersey. This consent shall also confer an additional
ten-year automatic renewal period as permitted by N.J.S.A. 48:5A-19
and N.J.A.C. 14:18-13.6.
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 by subscribers to
its cable television reception service in the municipality or any
amount permitted by the Cable Television Act or otherwise allowable
by law.
The company shall be required to complete any proposed construction
within the service area described in the application, as amended by
the revised color-coded map and description, within 10 years of the
issuance of the company's renewal certificate of approval. The
ten-year construction timetable as presented in the amended application
incorporated herein[1] has been determined to be reasonable by the municipality.
[1]
Editor's Note: The amended application is on file in
the office of the Township Clerk.
The consent granted herein to the company shall apply to the
territory of the municipality as outlined in the application and as
amended by the revised color-coded system map and description incorporated
herein.[1]
[1]
Editor's Note: The aforementioned application and map
are on file in the office of the Township Clerk.
A.Â
The company shall extend service, as set out in the application,
as amended by the revised color-coded map and written description,
of the extension areas within 10 years of the issuance of the company's
renewal certificate of approval.
B.Â
The company agrees to absorb the construction costs associated with
the ten-year build-out, regardless of the number of homes per mile
in the area scheduled to be constructed.
C.Â
The company and the municipality agree to utilize the Office of Cable
Television's line extension policy in areas not yet eligible
for build-out as set out in the ten-year description of the extension
areas. For purposes of said line extension policy, the company employs
a minimum homes-per-mile density of 35.
A.Â
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.
B.Â
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.
C.Â
The company shall temporarily move or remove appropriate parts of
its facilities to allow for the moving of buildings and 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.
D.Â
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.
The company shall make every reasonable effort to keep pace
with advancing technological developments in the cable television
industry. The company shall also make reasonable efforts to further
increase channel capacity to meet the community's needs, taking
into account cable rates in the community and the norm for the cable
industry to meet those needs at that time. The company shall make
every reasonable effort to keep pace with technological developments
that are made available within Sammons Communications, provided that
they are financially and economically viable in the marketplace.
[Amended 9-6-2018 by Ord.
No. 782]
During the term of this franchise, and any renewal thereof,
Upper Deerfield Township accepts the location of a local business
office in the Union Crossing Development in Millville NJ on Highway
47, if a site is not located in the City of Bridgeton or the Township
of Upper Deerfield, for the purpose of receiving, investigating and
resolving all complaints regarding the quality of service, equipment
malfunctions and similar matters. The local office as approved herein
shall not be changed without amendment to this chapter, subject to
BPU approval.
The Office of Cable Television is hereby designated as the complaint
officer for the municipality pursuant to N.J.S.A. 48:5A-26, Subsection
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 give a bond
to the municipality, which bond shall be 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 and incorporated
herein.
The rates of the company shall be subject to regulation as permitted
by federal and state law.
The cable operator shall provide access time to noncommercial
public, governmental and educational entities to the extent that such
access was promised to the municipality.
A.Â
Specifically, the company shall activate a network which provides
for the broadcast of locally originated programming from Cumberland
Regional High School. The company shall provide the network and the
equipment needed to accept, process and transmit a standard video
and audio signal from the Cumberland Regional High School, up to and
including its conversion and transmission over the local origination
channel. This network shall be activated within three years of the
date of the company's renewal certificate of approval.
B.Â
The local origination channel will be a shared channel for several
municipalities and entities, all of whom shall agree to a programming
schedule. If a mutually agreeable schedule is unattainable, the company
shall determine the dates, times and quantity of programming that
Cumberland Regional High School shall air. The company shall provide
Cumberland Regional High School with access to the existing local
origination channel commensurate with the access available to the
Bridgeton High School.
C.Â
In the event that shared use of the local origination channel should
unreasonably restrict the use of the local origination channel at
the Cumberland Regional High School, the company shall provide an
additional local origination channel.
D.Â
The additional local origination channel shall not be required if
the use of the existing local origination channel is less than 20
hours per day and/or the request for the same is based on a duplication
of programming by Cumberland Regional High School. The obligation
of the company to provide an additional local origination channel
shall be subject to the availability of additional channel space on
the cable television system at the time of the municipality's
request. If additional channel space is not available at the time
of the request, the company shall provide the additional channel as
soon as sufficient, nonpreprogrammed channel space is available. Moreover,
the company, prior to making the additional local origination channel
available, shall be entitled to secure an evaluation by Cumberland
Regional High School of the usage of the initial local origination
channel established herein.
The cable operator shall not provide the Cumberland Regional
High School with any equipment. The cable operator shall lend technical
support when necessary to ensure that a quality broadcast signal is
provided.
The company shall provide the installation of one outlet and
basic monthly service to each school in the municipality and to the
municipality's Town Hall, free of charge. Each additional outlet
installed, if any, shall be paid for by the institution requesting
the same on a materials-plus-labor basis. Monthly service charges
shall be charged at the regular tariffed rates for additional outlets.
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 municipality as an insured
and insuring against loss by any such claim, suit, judgment, execution
or demand in the minimum amounts as follows: general liability, bodily
injury and property damage, in the amount of $2,000,000/$1,000,000
each occurrence; personal injury, one $1,000,000; and automobile liability,
one $1,000,000.
The company 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 municipality. 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 municipality shall establish reasonable procedures for
such emergency uses.
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 consent. The application, and any
other relevant writings submitted by a company, shall be annexed hereto
and made a part hereof by reference as long as it does not conflict
with state or federal law.[1]
[1]
Editor's Note: Said application and relevant writings
are on file in the office of the Township Clerk.
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.
