[HISTORY: Adopted by the City Council of the City of Atlantic
City 5-23-2007 by Ord. No. 32-2007.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed the former
cable television franchise adopted 10-27-1993 by Ord. No. 71-1993.
Unless otherwise stated and except where inconsistent with the
purpose or intent of this ordinance or the common understanding and
usage thereof, the definitions set forth at N.J.S.A. 48:5A-3 shall
apply to this ordinance. In addition, the following terms, phrases,
words and their derivations shall have the meanings given herein.
When not inconsistent with the context, words used in the present
tense include the future, words in the plural number include the singular
number, words in the singular number include the plural number, and
the use of any gender shall be applicable to all genders whenever
the sense requires. The words "shall" and "will" are mandatory, and
the word "may" is permissive. Words not defined shall be given their
common and ordinary meaning.
The Atlantic City Cable Television Advisory Committee established
by City Council Resolution No. 552 of 1986, adopted on August 20,
1986.
The Board of Public Utilities of the State of New Jersey.
The City of Atlantic City in the State of New Jersey and
all the territory within its present and future boundaries, and including
any area over which the City exercises lawful jurisdiction.
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.), or as that statute may be amended.
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.
Comcast of South Jersey, LLC, its agents, employees, lawful
successors, transferees or assignees.
Any individual, corporation, partnership, association, joint
venture or organization of any kind and the lawful trustee, successor,
assignee, transferee or personal representative thereof.
That statute of the State of New Jersey relating to cable
television, commonly known as the "Cable Television Act" (N.J.S.A.
48:5A-1 et seq.), or as that statute may be amended.
Those regulations promulgated by the New Jersey Board of
Public Utilities, Office of Cable Television, 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.
The Advisory Committee, having engaged in certain review and
investigations concerning the performance of the franchisee and its
predecessors and assignors under the 1975 franchise agreement and
the City's current and projected cable-related needs; and the
City, having held public hearings pursuant to the State Act and the
regulations promulgated thereto; and the City, having received and
considered all comments relating to its consent to the renewal of
the franchise, the City hereby finds:
A.
That the franchisee and its predecessors and assignors have substantially
complied with the obligations of the 1994 Renewal Certificate of Approval
issued by the Board in Docket No. CE91030409 and applicable law, and
there is no reason to believe that in the future the franchisee would
fail to comply with its obligation under a renewal of the franchise
and under applicable law.
The City hereby consents to a renewal of the franchise, subject
to the terms and conditions of this ordinance and upon the conditions
that the franchisee accept this ordinance and confirm, in writing,
that it will comply with all of the commitments contained herein and
that compliance is commercially practicable and within the economic
capabilities of the franchisee.
The consent of renewal is for a nonexclusive franchise. The
City specifically reserves the right to grant, at any time and consistent
with applicable law, such additional consents for additional cable
television systems as it deems appropriate.
The renewal term to which the City has herein granted its consent
is for a period of 15 years beginning as of the issuance of a renewal
certificate of approval by the Board, and shall thereafter be extended
for, and end after, an automatic renewal term of 10 years as provided
by N.J.S.A. 48:5A-19 and N.J.A.C. 14:18-13.6.
The consent granted herein to the renewal of the franchise applies to the entirety of the City, as defined in § A265-1.
A.
At the time the consent herein granted becomes effective and for
and throughout the renewal term, the City shall renew and continue
its consent for the franchisee to construct, erect, operate, modify
and maintain in, upon, along, across, above, over and under the highways,
streets, alleys, sidewalks, public ways and public places now laid
out or dedicated and all extensions thereof and additions hereto,
in the City, poles, wires, cables, underground conduits, manholes
and other television conductors and fixtures necessary for the maintenance
and operation in the City of a cable television system for the purpose
of distributing television and radio signals and other electronic
and electromagnetic services to the public, subject to the conditions
and restrictions contained in this subsection. The right so granted
includes the right to use and occupy said highways, streets, alleys,
public ways and public places and all manner of easements for the
purposes herein set forth.
B.
All transmissions and distribution structures, lines and equipment
erected by the franchisee within the City shall be so located as to
cause minimum interference with the proper use of streets, alleys
and other public ways and places and to cause minimum interference
with the rights and reasonable convenience of property owners who
adjoin any of said streets, alleys or other public ways and places.
C.
The franchisee shall not construct or install any poles or wire-holding
structures within the street, sidewalk or any public area or right-of-way
nor shall it commence any work requiring the opening of the ground
in any street, sidewalk, public area or right-of-way without the written
consent of the City Engineer, which shall not be unreasonably withheld.
D.
The franchisee shall, at its sole cost and expense, remove and relocate
any of its poles or wire-holding structures when, in the opinion of
the City Engineer, whose opinion shall be reasonable, said poles or
wire-holding structures pose a danger to public safety.
E.
With respect to any cables, wires and other like facilities constructed
and installed by the franchisee above ground, the franchisee shall,
at its sole expense, reconstruct and reinstall such cable, wires or
other facilities underground pursuant to any project under which the
cables, wires or other like facilities of similar utilities are placed
underground within an area. The duty of the franchisee to place its
existing cables, wires and other facilities underground shall arise
only if all like facilities of utilities which exist above ground
are placed underground.
F.
In all areas of the City where the cables, wires and other like facilities
of a public utility or public utility district are placed underground,
the franchisee shall construct, install and maintain cables, wires
and other facilities underground. Amplifier boxes and pedestal-mounted
terminal boxes may be placed above ground if existing technology reasonably
requires, but shall be of such size and design and shall be located
in a manner that is not unsightly or unsafe.
G.
In case of disturbance of any street, sidewalk, alley, public way
or paved area caused by the franchisee, the franchisee shall, at its
own cost and expense and in a manner approved by the City Engineer,
replace and restore such street, sidewalk, alley, public way or paved
area to at least as good a condition as before the work involving
such disturbance was done.
H.
The franchisee shall have the authority, upon receiving the approval
of the City Engineer, on either an ongoing or case-by-case basis,
at the discretion of the City Engineer, to trim trees upon overhanging
streets, alleys, sidewalks and public ways and places of the City
so as to prevent the branches of such trees from coming in contact
with the wires and cables of the franchisee. The City Engineer may
impose reasonable restrictions concerning the method, timing and amount
of such trimming. Should the City Engineer or the Police Department
determine that any proposed tree trimming may or will unduly interfere
with traffic, the franchisee, after negotiation with the applicable
City department, shall pay the cost of providing a police or traffic
control officer to direct traffic during the tree trimming. Unless
otherwise determined by the City Engineer or the Police Department,
the franchisee may, within the limits of law, provide its own private
traffic control.
I.
The franchisee shall, at the request of any person holding a building
permit, building moving permit or demolition permit issued by the
City, temporarily raise or lower or relocate its wires to permit the
activity authorized by the permit. The expense of such raising, lowering
or relocating shall be paid by the person requesting such action,
unless the request is made by the City and relates to a project to
be paid for with public funds of or by the City of Atlantic City.
The franchisee's obligations under this subsection, however,
shall not be proportionally greater than any other utility or pole
occupier required to temporarily remove or relocate any poles, wires,
cables, underground conduits, manholes or similar facilities. The
franchisee shall be entitled to at least 10 days' notice to arrange
for such changes and shall have the authority to require payment in
advance.
J.
In the event that the City elects to alter, repair, realign, abandon,
improve, vacate, reroute or change the grade of any street or to replace,
repair, install, maintain or otherwise alter any aboveground or underground
cable, wire conduit, pipe, line, pole, withholding structure, structure
or other facility utilized for the provision of utility or other services
or transportation of drainage, sewage or other liquids, the franchisee
shall, at its sole expense, or in coordination with other utilities,
at shared expense, remove or relocate as necessary its poles, wires,
cables, underground conduits, manholes and any other facilities which
it has installed or which it maintains. The franchisee's obligations
under this subsection, however, shall not be proportionally greater
than any other public utility or pole occupier required to temporarily
remove or relocate any poles, wires, cable, underground conduits,
manholes or similar facilities.
K.
The franchisee shall, at its sole cost and expense, remove and relocate
any poles or wire-holding structures owned and maintained by it when,
in the opinion of the City Engineer, whose opinion shall be reasonable,
said poles or wire-holding structures restrict, obstruct or interfere
with the operation or location of any future streets or public places
or pose a danger to public safety.
The franchisee shall, during each year of the consent granted
herein, pay to the City a franchise fee in an amount equivalent to
the maximum allowable as a right under law.
A.
The franchisee shall at all times maintain a comprehensive general
liability insurance policy with a single limit amount of $1,000,000
covering liability for any and all claims, causes of actions and judgments
arising out of or related to its construction, maintenance and operation
of the cable television system or arising out of or relating to its
failure or alleged failure to comply with the provisions of any law
applicable to the franchisee in its business. The franchisee represents,
however, that it maintains a liability policy for an amount in excess
of the single limit policy referenced above. The City shall be named
as an additional insured on said single limit policy, and proof of
coverage shall be submitted to the City Risk Manager on at least a
yearly basis.
B.
The franchisee shall hold the City, its employees, officers, agents
and officials harmless and indemnify them for any and all damages,
penalties and expenses (including attorneys' fees) which any
of them may legally be required to incur or pay as a result of the
franchisee's negligence in, relating to or rising out of the
installation, operation or maintenance of the cable television system
authorized herein or its failure to comply with all applicable law.
C.
The City shall notify the franchisee by advising the franchisee's
regional or general manager within 20 days after the presentation
of any claim or demand, either by suit or otherwise, made against
the City on account of any grounds for which the City is indemnified
or held harmless. The City's failure to timely notify the franchisee
shall not excuse the franchisee from its obligation to hold harmless
and indemnify unless the delay has materially prejudiced the franchisee,
and then only to the extent of such material prejudice.
D.
Nothing herein shall be deemed to prevent the parties indemnified and held harmless from participating in the defense of any litigation by their counsel, but in no event shall franchisee be obligated to pay counsel fees for any single claim in addition to those required by this § A265-9 once the defense has been tendered. Such participation shall not relieve the franchisee from its duty of defense against liability or of paying any judgment entered against such party. The parties indemnified and held harmless shall cooperate with the franchisee's counsel in defending any such action.
To secure its faithful performance of its obligations under
a renewal of the franchise during the renewal, the franchisee shall,
as mandated by law, provide a performance bond or similar surety acceptable
to the City, in the sum of $25,000. Such bond or surety shall secure
the faithful and timely performance of the franchisee as represented
in the application and herein.
A.
In the event of any reasonable issue, claim or dispute involving
the payment of franchise fees that arise under this agreement, the
franchisee shall make all relevant books, accounts and financial information
available to representatives of the City, exclusive of any personally
identifiable subscriber information as such term is defined in and
prohibited by the Federal and State Acts.
B.
If the City and the franchisee cannot agree as to the relevance of
any items requested by the City, the issue of relevance shall be submitted
to the Board for resolution.
C.
The franchisee shall have an affirmative duty to cooperate with the City in conducting any review pursuant to Subsection A of this section.
D.
The franchisee shall, upon request, make available to the City such
personnel and contractual information as is filed with the FCC to
allow the City to monitor its equal employment opportunity/affirmative
action hiring and promotional activities, but only to the extent that
such information is of a public nature.
Copies of all petitions, applications, written communications
and reports submitted by or on behalf of the franchisee to the FCC
or any other federal or state regulatory agency having jurisdiction
in respect to any matters affecting construction or operation of the
cable television system or services provided through the system shall,
upon request, be filed with the City Clerk; provided, however, that
this section shall not affect the franchisee's obligation to
serve such documents upon the City where required by law. Copies of
responses or any other related communications from the regulatory
agencies to the franchisee or its representative shall likewise be
available to the City upon request.
[Amended 7-9-2008 by Ord. No. 51-2008]
The Office of Cable Television is hereby designated as the Complaint
Officer for the City pursuant to N.J.S.A. 48:5A-26, Subsection b.
The City reserves the right to alter this designation upon written
notice to the Board and the franchisee.
A.
Any hearing or action that may directly affect the rights and obligations
of the franchisee to be undertaken by the City or the Advisory Committee
in regard to the franchisee's operation of the cable television
system shall be undertaken only after reasonable public notice of
such hearing, action or proposed action is given, and after reasonable
notice is served directly on the franchisee.
B.
Prior to any such action, the franchisee shall be given an opportunity
to be heard in writing or at the hearing, or both, at the option of
the franchisee.
C.
The public notice required by this section shall state clearly the
actions proposed to be taken, the time provided for response, the
person or persons in authority to whom such response should be addressed
and such other procedures as may be specified by the City. If a hearing
is to be held, the notice shall indicate whether public participation
will be allowed and establish the procedures by which such participation
may be obtained. The franchisee is a necessary party to any hearing
conducted pursuant to this section.
A.
The City acknowledges that the franchisee has extended energized
trunk cable to a percentage of the franchise area acceptable to the
City and that no further extension of trunk cable is now necessary.
B.
The franchisee shall be required to provide service to any person's
residence or business located in the City, in accordance with the
franchisee's stated installation and line extension policy as
set forth in the application, except as modified herein.
C.
In the event that the City shall annex further territory, or should
heretofore undeveloped or underdeveloped portions of the City be developed,
the franchisee shall extend energized trunk cable to the area so annexed
or developed within one year of the annexation or issuance of the
first certificate of occupancy or temporary certificate of occupancy
in the newly developed area, whichever occurs first, provided that
extension of service shall not be required into an area where there
are fewer than a total of 35 homes, living or rental units and commercial
units per linear mile within 500 feet of the franchisee's existing
trunk cable; and further provided that notwithstanding the distance
from the existing cable, service shall be provided within three months
of the initial operation of any school, library, hospital or similar
institution. This provision acknowledges that the franchisee's
obligation is effective upon the receipt of all required and appropriate
FCC, utility and governmental permits and approvals, which permits
and approvals shall be expeditiously applied for.
D.
The franchisee shall be required to obtain all municipal permits
and approvals that may be required by law and, in addition, shall
cause any and all construction plans relating to work or extensions
of its plant or work which could have a significant impact on the
public or public works within the City to be filed with the City Engineer
prior to the undertaking of such work.
A.
During the term of this franchise, the franchisee shall maintain
a local business office or bill payment center within the City.
B.
The purpose of said office or center shall be to receive payments
and serve as a depository for written complaints regarding the quality
of service and similar matters.
C.
Other local business office.
(1)
In lieu of establishing an office or bill payment center within the City as required by Subsection A of this section, the franchisee may maintain a local business office within 20 airline miles of the principal coordinates of the City if:
(a)
It provides the City Clerk's office with the name, address
and toll-free telephone number of the person or persons who will act
as the franchisee's agent to receive inquiries and complaints
regarding the quality of service, equipment malfunctions and similar
matters.
(b)
It maintains the toll-free number and publishes it in its monthly
cable guide and in the majority of other promotional or public information
which it disseminates to subscribers in the City.
(c)
For matters (i.e., disconnect and subscriber relocation) that
would otherwise necessitate the subscriber to be present at the business
office, including the pickup, return or exchange of a converter, it
will dispatch a representative within two business days of a request
therefor to transact the business at no charge to the subscriber.
The franchisee shall be required to dispatch service representatives
only during hours at which the business office is open, one designated
Saturday per month during the hours of 9:00 a.m. and 3:00 p.m., and
two designated days per week from 9:00 a.m. to 7:00 p.m., and only
under circumstances where the subscriber's business cannot reasonably
be conducted by some other means (i.e., mail).
E.
Complaints from subscribers shall be investigated as soon as possible,
but no later than two business days after their receipt. Priority
shall be given to those complaints affecting the greatest number of
subscribers and those concerning a total cable outage.
F.
The franchisee shall maintain a maintenance service log which indicates
the nature of each service complaint, the date and time it was received,
the disposition of said complaint and the time and date thereof. Said
log shall be made available to an authorized representative of the
City at all reasonable times and upon reasonable notice.
G.
In the event that the franchisee requires the converter or other
equipment provided to a subscriber to be exchanged in order for such
subscriber to maintain his or her current level of service, the franchisee
shall cause such exchange to be effected by delivery of the equipment
to the subscriber's home (and, to the extent necessary, at night
or on a weekend), at no cost to the subscriber.
H.
For circumstances wherein the franchisee is obligated to dispatch a representative to a subscriber pursuant to Subsection C(1)(c), the franchisee shall indicate to the subscriber requesting such service a date and time period of not greater than four hours during which the representative will arrive to transact the business. In the event that the subscriber is not at the location during the scheduled time period, the franchisee shall have no further obligation to dispatch a representative to appear at the business office to transact the business.
A.
The franchisee shall provide an emergency alert capability. The franchisee's
emergency alert system shall comply with the requirements of the emergency
alert system "EAS" rules and standards set forth under applicable
state and federal statutes and regulations.
B.
The franchisee's obligations pursuant to this section shall
be subject to and conditioned upon the approval and jurisdictional
requirements of all county, state and federal agencies asserting jurisdiction
therein.
C.
It is understood that any emergency messages aired pursuant to the
provisions of this section shall not be the responsibility of the
franchisee, and the franchisee shall not be liable in any way for
the content of such emergency messages.
A.
The City acknowledges that, under current law, it is not permitted
to require the franchisee to carry or transmit any particular programming
source or television or radio station.
B.
In the event that the law is amended to provide municipalities or the City with the authority to regulate some or all programming, such portions of this section as are affected thereby shall be deemed to have expired and the City and the franchisee shall enter into negotiations concerning matters which are so affected to the extent permitted by law. During such negotiations, the franchisee and City agree that Subsection A of this section shall apply. If such negotiations do not produce a mutually acceptable result, either the franchisee or the City shall make application to the Board for appropriate relief.
A.
The City acknowledges that, under current law, it is not permitted
to regulate the rates the franchisee charges subscribers for its services.
B.
In the event that the law is amended to provide municipalities with the authority to regulate some or all rates or should a factual determination or redetermination be made by the FCC such that the City may thereafter regulate rates, such portions of this subsection so affected shall be deemed to have expired, and the City and the franchisee shall enter into negotiations concerning such matters which are so affected, to the extent permitted by law. During such negotiations, the franchisee and City agree that Subsection A of this section shall apply. If such negotiations do not produce a mutually acceptable result, either the franchisee or the City shall make application to the Board for appropriate relief.
A.
The franchisee shall not allow its cable or operations to interfere
with television reception of persons not served by the franchisee
nor shall the system interfere with, obstruct or hinder in any manner
the operation of the various utilities serving the residents of the
City.
B.
The franchisee shall not sell or transfer its system nor transfer
any rights under the franchise agreement to any person except as provided
in the State Act.
C.
All facilities and equipment of the franchisee shall be constructed
and maintained in accordance with the requirements and specifications
of the applicable laws, ordinances and regulations of the City, county,
state and federal governments.
D.
The franchisee shall provide a quality of signal that is at least
as good as that customarily provided under prevailing industry standards
and shall at a minimum comply with all requirements of state and federal
law relating to technical standards for the transmission of television
signals, transmission quality or facilities and equipment.
A.
The franchisee shall have the authority to promulgate such rules,
regulations, terms and conditions governing the conduct of its business
as shall be reasonably necessary to enable the company to exercise
its rights and perform its obligations under this franchise and to
assure uninterrupted service to its subscribers; provided, however,
that such rules, regulations, terms and conditions shall not be in
conflict with federal and state laws.
B.
When not prohibited by law, the City shall have the right to object
to the reasonableness of any such rule, regulation, term or condition.
In such an event, the City and the franchisee shall enter into negotiations
concerning such matters. If such negotiations do not produce a mutually
acceptable result, either the City or the franchisee may make application
to the Board for the appropriate relief.
The City's consent to the renewal of the franchise is subject
to and expressly contingent upon the franchisee committing, in writing
(which may be expressed by means of an amendment to the application
for consent, by a separate proposal for renewal or by a written statement
that it accepts, agrees with and will abide by the provisions of this
ordinance), as to the following provisions:
A.
Facilities and equipment.
(1)
In transmitting its television signals to subscribers in the
City, the franchisee shall provide a quality of signal that is at
least as good as that customarily provided under prevailing industry
standards and at least as good as that provided in any other municipality
in Atlantic and Cape May Counties served by the franchisee and administered
out of the franchisee's Pleasantville/Absecon office. In addition,
the franchisee shall comply with any requirements imposed by the federal
regulations, any federal requirements and (to the extent not preempted
by federal law) any state pronouncements relating to technical standards
for the transmission of television signals, transmission quality or
facilities and equipment.
(2)
The franchisee shall operate a system throughout the franchise
period of no less than 38 channels. The franchisee agrees to comply
with all federal, state and local laws governing the construction
and operation of cable television systems.
(3)
The franchisee shall retransmit all off-air, broadcast television
programming or signals initially transmitted with an MTS (stereo)
signal.
B.
Customer service. In order to maintain an acceptable and appropriate
level of customer service, the franchisee shall:
(1)
Comply with any and all requirements of the Board or other regulatory
bodies with respect to telephone accessibility, facilities and personnel.
(2)
During nonbusiness hours, maintain an emergency service telephone line as required by § A265-16D.
(3)
At the request of the City, meet at least annually with the
City's designees to review all matters relating to cable television
in the City, with the minutes of such meetings to be delivered to
the franchisee and to be filed with the City.
C.
Local programming.
(1)
Within three months after the issuance of a Renewal Certificate
of Approval by the Board, the franchisee shall make available one
educational/governmental channel which shall be provided to the City
at no cost for the live broadcast (or taped broadcast, at the discretion
of the City) of all meetings of City Council and all boards, bodies
and agencies of City government and for mayoral addresses which are
other than of a political nature.
(2)
It is further understood and agreed by and between the parties
hereto that the City's right to utilize said channel is nonexclusive
and shall be shared by and with such other municipalities as are transmitted
out of the same head-end as the City. Presently, this includes the
Cities of Brigantine, Ventnor and Margate and the Borough of Longport.
(3)
It is understood that the views expressed in programming aired pursuant to the provisions of Subsection C(1) and (2) of this section shall not be deemed to be the views of the franchisee, and the franchisee shall not be responsible or liable in any way for the content of such programming or the views expressed therein.
(4)
The franchisee shall take any steps which are necessary to ensure that the signals broadcast during the time provided pursuant to Subsection C(1) and (2) of this section are carried without material degradation and with a signal whose quality meets accepted standards and is equal to that of the other channels the franchisee transmits, taking into consideration variations in production and equipment quality.
(5)
The franchisee shall maintain a return path, at its sole cost and expense, in Atlantic City High School, located at 1400 North Albany Avenue, Atlantic City, NJ 08401 and the Atlantic County Building, located at 1333 Atlantic Avenue, Atlantic City, NJ 08401 (directly across the plaza from City hall) with a jumper to the Public Works Garage. Each return path shall be capable of being connected to broadcast equipment so as to permit the type of live broadcast described in Subsection C(1) of this section and any live broadcast the City may determine to broadcast of the type described in Subsection C(1) of this section.
(6)
The franchisee shall provide a grant to the City in the amount
of $20,000 to be used for educational and governmental video equipment.
(7)
The franchisee shall, at its sole cost and expense, provide, transport and operate all equipment necessary to facilitate the live broadcast and/or taping of the type of meetings and addresses described in Subsection C(1) of this section, subject to the franchisee's preexisting programming commitments within its regional service area; provided, however, that the franchisee's obligation to so provide, transport and operate such equipment using the franchisee's personnel shall not be greater than two meetings or addresses per month. The City Council or its authorized designee shall have the sole authority to require the live broadcast or taping of its meetings or of boards or agencies of the legislative branch of City government. The Mayor or his authorized designee shall have the sole authority to require the live broadcast or taping of all meetings and addresses. In no event, however, shall the franchisee be given fewer than five days' written notice of the City's need for such equipment.
(8)
Subject to the limitations embodied in Subsection C(7) of this section, the franchisee shall, at its sole cost and expense, make its studio personnel available to operate the equipment and provide, transport and operate equipment to facilitate the live broadcast or taping at remote locations of the type of events described in Subsection C(1) of this section, subject to the franchisee's preexisting programming commitments within its regional service area. In no event, however, shall the franchisee be given fewer than five days' written notice of the City's need for such studio and personnel.
(9)
The City and the franchisee have agreed that the extent of the franchisee's obligation pursuant to Subsection C(7) and (8) of this section may, by negotiation, be extended or broadened during the renewal term. In the event that such negotiations do not provide a mutually acceptable result, either the City or the franchisee may make application to the Board for appropriate relief.
(10)
Before disposing of any usable video production equipment, the
franchisee shall advise the City and its designees and anyone else
it deems advisable of the availability of such equipment and the price
(if any) to be received by the franchisee therefor and, to the extent
practical, shall offer such equipment to the City for sale upon the
same terms and for the same consideration (if any) that the franchisee
would receive upon the disposition of such equipment. Nothing herein
shall be deemed to grant the City or any of its designees or another
person any right of first refusal or any other legal right or claim
to obtain such equipment.
D.
Schools and libraries. The franchisee shall provide one outlet of
free basic service and cable modem service, including a cable modem,
to one non-networked outlet at each school and library and municipal
building or facility within the City that is under the jurisdiction
of the City or the City Board of Education.
E.
In-home equipment.
(1)
The franchisee shall permit a subscriber to connect his own
converter to the system so long as it does not interfere with or degrade
the system or signal or allow the subscriber to receive without payment
service for which the franchisee is entitled to payment. The equipment
to be utilized by the subscriber shall meet the technical requirements
of the franchisee and the applicable specifications of the FCC and
the state.
(2)
The franchisee shall allow a subscriber to purchase any basic
converter device supplied by the franchisee.
(3)
The franchisee shall make available to any subscriber, on request
and for a charge, a remote control device for converters supplied
as part of basic or premium service.
F.
Technical staff training. The franchisee shall maintain a program
of appropriate and continuing training and education for its installers,
technicians and engineers who provide service to the City on behalf
of the franchisee. The franchisee will submit periodic reports, upon
request, to the City's Affirmative Action Officer, setting forth
the number of franchisee's employees in each such job category
who are receiving training or who have completed training.
All of the statements and commitments contained in the application
and any amendment thereto, or otherwise submitted in writing by the
franchisee to the City or the Advisory Committee, except as modified
herein, are binding upon the franchisee as terms and conditions of
this consent. The application and any other relevant writings submitted
by the franchisee shall be annexed hereto and incorporated herein
by reference as if fully set out herein.
The franchisee shall, throughout the term of this franchise,
insofar as is technically, economically and operationally practicable,
provide to the subscribers within the City and the City any and all
services and equipment that it provides to any other subscribers or
municipalities in which it holds a franchise in Atlantic or Cape May
Counties on terms and conditions which are at least as favorable to
such subscribers and municipalities. In the event that an issue arises
as to what is technically, economically and operationally practicable,
the City and the franchisee shall enter into negotiations concerning
such matters. If such negotiations do not produce a mutually acceptable
result, either party may make application to the Board for appropriate
relief. The City and franchisee acknowledge and agree that this section
shall be limited to those franchises which are presently administered
from the franchisee's offices in Absecon/Pleasantville, New Jersey.
A.
Pursuant to City, state and federal antidiscrimination laws, the
franchisee shall not discriminate on the basis of race, sex, age or
national origin in its hiring, promotion and employment practices.
B.
The franchisee shall, upon request, submit to the City's Affirmative
Action Officer copies of reports concerning franchisee's hiring,
promotional and employment practices which the franchisee is required
to submit to the FCC. Copies of such reports shall be submitted to
the City's Affirmative Action Officer at the same time the original
is submitted to the FCC.
The franchisee shall be bound by the terms and conditions of
this ordinance irrespective of the number of subscribers to its system.
The franchisee shall reimburse the City for the cost of publication
of this ordinance.
A.
Should any changes in federal or state law require that additional
terms and conditions be incorporated in this ordinance, such terms
shall be deemed incorporated herein consistent with any applicable
effective dates specified in such law.
B.
Should any changes in federal or state law place limits on the permissible terms and conditions and, by virtue of such changes, any provision of this ordinance becomes invalid, the provisions of § A265-29 of this ordinance shall apply.
C.
Should any changes in federal or state law permit the inclusion of terms and conditions in this ordinance which were theretofore not permitted to be included, beyond those addressed in §§ A265-18 and A265-19, then the City and the franchisee shall consider this agreement to have expired insofar as it relates to such matters, and the parties shall enter into negotiations concerning the same. If such negotiations do not produce a mutually acceptable result, either the City or the franchisee has the right to make application to the Board for the appropriate relief.
If any clause, sentence, subparagraph, paragraph, section, article
or other portion of this ordinance or the application thereof shall
be held to be invalid, such holding shall not affect, impair or invalidate
the remainder of the ordinance or the application of such portion
held invalid to any other person or circumstances, but shall be confined
in its operation to the clause, sentence, paragraph, subparagraph,
subsection, section, articles or other portion thereof directly involved
in such holding or to the person or circumstances therein involved.
The franchisee shall not be relieved of any obligation to comply
with any provision of the franchise by reason of any failure of the
City or its officers, agents or employees to enforce prompt compliance.
All ordinances or parts thereof in conflict with this ordinance,
and specifically Ordinance No. 29 of 1974 and Ordinance No. 67 of
1990, are hereby repealed.
This ordinance shall become effective as of the date upon which
the Board issues a Renewal Certificate of Approval.
