[Adopted 7-19-1967 by Ord. No. 289]
Cablevision of New Jersey, a corporation of the State of New Jersey, be and it is hereby granted a franchise and authority to operate, above the surface, for a period of 25 years, a community antenna television system, being a system for transmitting television signals from television stations or studios along cables attached to telephone and/or power poles already located throughout the City of Hoboken, and to erect, maintain and operate antennas as an integral part of such community antenna system and to do such other things as may be necessary in order to carry out the operation as herein set forth and to run said cables into the homes of those persons living in the City of Hoboken and who are operating business entities in the City, if they wish to subscribe to the service offered by the applicant, upon the following terms and conditions as follows:
A. 
Terms and conditions.
(1) 
Preliminary engineering procedures necessary to construct this facility will begin immediately upon the granting of this franchise and receipt of notice thereof by Cablevision of New Jersey; otherwise, this franchise and authority shall lapse and become null and void, at the option of the City.
(2) 
The Cablevision of New Jersey is granted the right, privilege and authority to construct, operate and maintain cables as aforesaid and for the purposes herein set forth, including such wires and fixtures where necessary upon, along, through and over streets, alleys, bridges and public places of the City of Hoboken under the terms and conditions hereinafter provided.
(3) 
No pole shall be placed within the City of Hoboken except upon application in writing to the proper authority, in such City, whose approval shall be required.
(4) 
Poles normally used for carrying said cables shall be those erected and maintained by the Bell Telephone Company in the City of Hoboken, when and where practicable, and rental arrangements with said company shall be arranged solely by Cablevision of New Jersey and at Cablevision of New Jersey's sole expense.
(5) 
All cables erected will be the finest polyethylene sold aluminum sheet coaxial cables available, and, in addition, individual messenger wire will be used. Such cables will meet the standards of the Municipal Building Code, the National Electrical Code, or such other standards as shall be fixed from time to time.
(6) 
Cablevision of New Jersey will install the best quality solid-state amplifiers, modulators and associated equipment incorporating the latest technical developments that are available on the market at the time of the installation of the system.
(7) 
This article shall be subject to all ordinances in force or that may be hereafter passed relative to the use of highways, streets, alleys, bridges and public places in the City of Hoboken.
(8) 
Cablevision of New Jersey shall hold the City of Hoboken safe and harmless from all damages or claims for damages and injuries arising by reason of the negligence in construction, maintenance or operation of said cables and systems or, otherwise, by sufficient and appropriate insurance coverage with approved companies which will include the City as an insured and all at the cost of Cablevision of New Jersey.
(9) 
Cablevision of New Jersey will pay to the City of Hoboken 4% of the gross income from all service charges collected by it to be paid in such manner as is deemed desirable by the governing body of the City of Hoboken during the continuation of the permit, but not less often than annually.
(10) 
Cablevision of New Jersey shall commence construction of the system referred to herein within four years of the date of granting of said franchise and complete the same within five years; otherwise, this franchise and authority shall lapse and become null and void, at option of the City.
[Amended 10-15-1959 by Ord. No. 329; 7-15-1970 by Ord. No. 342]
(11) 
The rate to subscribers for service in the City of Hoboken during the first five years of such service will be not more than $6 per month. Any increase in such monthly service charge will be made only upon reasonable notice to subscribers and will be based upon increased operating costs or rises in the cost of living index, or upon the introduction of additional services to which customers may subscribe at their option.
(12) 
The installation cost to any subscriber in the City of Hoboken during the first five years of this franchise shall be not more than $70, and any increase thereafter shall be subject to the same requirements as set forth in the preceding subsection.
(13) 
Cablevision of New Jersey shall be permitted to use said system for the transmission of television of every kind and description, including but not limited to UHF, VHF, closed circuit and also including FM signals, and the percentage of gross income to which the City of Hoboken shall be entitled under the terms of the franchise shall be based on gross income received from all sources under the terms of the franchise agreement.
(14) 
Said franchise shall not be exclusive.
(15) 
The aforesaid charges to subscribers for installation and furnishing of services set forth herein shall be exclusive of any federal, state or municipal taxes.
(16) 
A reduction in service rates of 50% shall be applied to any accredited educational institution, hospital and public building located within the City that may wish to accept the service of Cablevision of New Jersey.
(17) 
In consideration of the payment of the connection and monthly charges as herein set forth, the company will undertake the obligation to maintain and service its coaxial cables and all appurtenant devices and equipment related thereto, including all connections to the television sets of subscribers wired to its antenna system. Cablevision of New Jersey will provide competent and skilled personnel to handle such service requirements.
(18) 
Cablevision of New Jersey shall be barred from engaging in the business of selling, renting, repairing or servicing television sets, except as provided above.
(19) 
Cablevision of New Jersey will in no way interfere with existing or future installations of internal television security systems in any buildings in the City of Hoboken.
(20) 
Cablevision of New Jersey will warrant to each subscriber that it will provide quality reception and produce a picture that is undistorted and free from ghost images on a typical, standard production television set in good repair. It will further warrant that it will transmit signals of adequate strength to produce good pictures at all outlets.
(21) 
Cablevision of New Jersey shall maintain an office in the State of New Jersey where it shall at all times keep complete and accurate books of account and records of its business and operations in the City of Hoboken. Such books of account and records shall show in detail the income, expenses and balance sheet accounts pertaining to said operation in the City of Hoboken in conformity with generally accepted accounting principles and procedures, and said books and records shall be available to authorized personnel of the City of Hoboken at reasonable times and upon request.
(22) 
Cablevision of New Jersey will submit reports concerning its business operations and gross income to those persons authorized to receive the same by the City of Hoboken, not less often than semiannually, and in such form and detail as may be required in order to carry out the intent of this agreement.
(23) 
Should Cablevision of New Jersey fail to make payment to the City of Hoboken in accordance with the terms of the franchise agreement or fail, after 15 days' written notice by the property authority in said City of Hoboken, to make such payment as may be required of it under the franchise agreement, the franchise agreement may be canceled at the option of the City of Hoboken.
(24) 
Cablevision of New Jersey shall comply with all laws, rules and regulations of the City, state and federal government and their regulatory agencies or commissions which are now or may hereafter be applicable to the operation of the Cablevision of New Jersey.
(25) 
Cablevision of New Jersey shall supply, at least 30 days prior to commencing of any work under any franchise agreement, liability insurance policy or policies issued by a company authorized to do business in the State of New Jersey, insuring the City and Cablevision of New Jersey with respect to the installation, construction and maintenance of the operation of the coaxial cables and appurtenant devices thereto for bodily injury, including death, in the minimum amount of $100,000 for any one person and a minimum amount of $300,000 for any one accident and for property damage in the minimum amount of $25,000.
(26) 
This franchise and authority shall cease 120 days after the employment of a receiver or receivers or trustee or trustees to take over and conduct the business of the company, if such appointment is made by a court of competent jurisdiction, and unless such receivership or trusteeship shall have been vacated prior to the expiration of said 120 days, or unless such receivers or trustees shall have within said 120 days fully complied with all the terms and provisions of said franchise agreement and shall have secured from the court appointing said receiver or trustee an approval whereby such receiver or trustee is authorized to assume and agree to be bound by each and every term, provision and limitation of the proposed franchise agreement.
(27) 
All the conditions, provisions, requirements and limitations of the franchise agreement shall be binding upon Cablevision of New Jersey, its successors or assigns. The rights, powers, privileges and remedies reserved to the City of Hoboken shall be cumulative and shall be in addition to and not in derogation of any other rights or remedies which the City may have at law or in equity with respect to the subject matter of the franchise.
(28) 
In the event that any change in the control of Cablevision of New Jersey is about to be effected or has taken effect in any matter, including but not limited to a change in such control by or through the sale, transfer, pledge or other disposition of stock, bonds or other securities of Cablevision of New Jersey, the Cablevision of New Jersey, through its directors, officers and agents, shall be required to notify and file with the City of Hoboken all information and other data effecting said change.
(29) 
Upon expiration, lapse, termination or revocation of the franchise, the Cablevision of New Jersey shall remove, upon direction of the City, at its sole cost and expense, the coaxial cables and appurtenant devices, together with any and all building connections installed, constructed and maintained in connection with the service authorized by the proposed franchise agreement.
(30) 
This franchise and authority shall not be assigned without the consent of the Mayor and Council of the City of Hoboken.
(31) 
Cablevision of New Jersey guarantees that its service, equipment and operation will not interfere with the reception of television sets whose owners are not subscribers of Cablevision of New Jersey. If it does, this franchise can be terminated at the option of the City of Hoboken on six months' notice to Cablevision of New Jersey.
B. 
Filing of acceptance. This article shall not become effective unless an acceptance, in writing, shall be filed by Cablevision of New Jersey with the City Clerk within 30 days after receipt of notice of passage and as further provided by law.