[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.
