[HISTORY: Adopted by the Mayor and Council of the Borough
of Ho-Ho-Kus 8-24-2010 by Ord. No. 969. Amendments noted where
applicable.]
For the purpose of this chapter, the terms defined above shall have the meanings there indicated, and the following
additional terms shall have the following meanings:
ACT or CABLE TELEVISION ACT
That statute of the State of New Jersey relating to cable
television, known as the "Cable Television Act," N.J.S.A. 48:5A-1
et seq.
APPLICATION
Cablevision's application for renewal of municipal consent,
which application is on file in the Borough Clerk's office and
is incorporated herein by reference and made a part hereof, except
as modified, changed, limited or altered by this chapter.
BOARD
The Board of Public Utilities of the State of New Jersey
or its successor agency.
BOROUGH
The governing body of the Borough of Ho-Ho-Kus, in the County
of Bergen and the State of New Jersey.
COMPANY
Cablevision of Oakland, LLC ("Cablevision"), the grantee
of rights under this chapter.
FCC
The Federal Communications Commission.
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., and the "Telecommunications Act of 1996,"
or as those statutes may be amended.
FEDERAL REGULATIONS
Those federal regulations relating to cable television services,
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.
STANDARD INSTALLATION
The installation of drop cable to a customer's premises
where the distance from the point of entry into the building being
served is less than 150 feet from the active cable television system
plant.
STATE
The State of New Jersey.
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 public hearing concerning the consent herein granted to Cablevision
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 Cablevision to receive this consent, the Borough hereby finds Cablevision
possesses the necessary legal, technical, character, financial and
other qualifications to support municipal consent, and that Cablevision's
operating and construction arrangements are adequate and feasible.
The Borough hereby grants to Cablevision its nonexclusive consent
to place in, upon, along, across, above, over, and under its highways,
streets, alleys, sidewalks, public ways, and public places in the
municipality poles, wires, cables, and fixtures necessary for the
maintenance and operation in the Borough of a cable television system
or other communications facility and for the provision of any communications
service over such facilities. Operation and construction, pursuant
to said consent, is conditioned upon prior approval of the Board of
Public Utilities.
This consent granted herein shall be nonexclusive and shall
be for a term of 10 years from the date of issuance of a certificate
of approval as issued by the Board; provided, however, that at the
end of the first five years after issuance of the certificate of approval,
a review shall be conducted by the Borough to review whether the company
has substantially complied with all material obligations under this
chapter, in which event the Borough consent granted hereunder shall
continue for the remaining period of the ten-year term. In the event
that the Borough believes, as a result of said review, that the company
has not substantially complied with all material obligations under
this chapter, the Borough shall provide the company with written notice
of all alleged instances of noncompliance and an opportunity to cure
same within six months. If the Borough believes that the company has
not, after such notice, brought itself into compliance, then the Borough
shall have the right to request that the Board take appropriate action.
Nothing herein shall be deemed a waiver by the company of any rights
which it may possess as a matter of law.
If Cablevision seeks successive consent, it shall, prior to
the expiration of this consent, apply for a municipal consent and
certificate of approval in accordance with N.J.S.A. 48:5A-16 and applicable
state and federal rules and regulations. In accordance with N.J.S.A.
48:5A-25.1, both the Borough and Cablevision shall be bound by the
terms of this municipal consent until such time as Cablevision converts
the municipal consent (and any certificate of approval) into a system-wide
franchise.
The consent granted under this chapter to Cablevision shall
apply to the entirety of the Borough and any property hereafter annexed.
Cablevision shall be required to proffer video programming service
along any public right-of-way to any person's residence located
in the franchise territory at Cablevision's schedule of rates
for standard and nonstandard installation, in accordance with applicable
law and regulations.
Cablevision shall pay to the Borough an annual franchise fee
calculated in accordance with N.J.S.A. 48:5A-30d. In the event applicable
law hereinafter permits a larger franchise fee to be collected, but
does not fix the amount thereof, the Borough and Cablevision shall
negotiate in good faith with respect to the amount thereof; provided,
however, that nothing herein shall be construed to permit the Borough
to require payment of a franchise fee by Cablevision that is higher
than the fee paid by all other cable television service providers
offering service in the municipality.
Cablevision shall, upon written request, provide, free of charge,
one standard installation and monthly cable television reception service
to all state or locally accredited public schools and all municipal
public libraries, as well as municipal buildings located within the
Borough.
Cablevision shall perform construction and installation of its
plant and facilities in accordance with applicable state and federal
law. The company shall be subject to the following additional construction
requirements with respect to the installation of its cable plant and
facilities in the Borough:
A. In the event that the company or its agents shall disturb any pavement,
street surfaces, sidewalks, driveways or other surfaces, the company
shall, at its sole expense, restore and replace such disturbances
in as good a condition as existed prior to the commencement of said
work.
B. 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 Borough, shall
remove or relocate its equipment, at its own expense.
C. Upon request of a person holding a building or moving permit issued
by the Borough, the company shall temporarily move or remove appropriate
parts of its facilities so as to permit the moving or erection of
buildings or for the performance of other work. The expense of any
such temporary removal or relocation shall be paid in advance to the
company by the person requesting the same. In such cases, the company
shall be given not less than 14 days' prior written notice in order
to arrange for the changes required.
D. During the exercise of its rights and privileges under this consent,
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 the branches of such trees from coming in contact with
the wires, cables, conduits and fixtures of the company. Such trimming
shall be only to the extent necessary to maintain proper clearance
for the company's facilities.
Cablevision shall comply with the technical and customer service
standards established for the cable industry under applicable federal
and state laws, rules and regulations.
Cablevision shall establish and maintain during the entire term
of this consent a local area business office or agent for the purpose
of receiving, investigating and resolving complaints regarding the
quality of service, equipment malfunctions and similar matters. Said
office shall be open daily during normal business hours, and in no
event less than 9:00 a.m. to 5:00 p.m., Monday through Friday, with
the exception of holidays.
The Office of Cable Television is hereby designated as the complaint
officer for the Borough pursuant to the provisions of N.J.S.A. 48:5A-26.
All complaints shall be reviewed and processed in accordance with
N.J.A.C. 14:17-6.5.
Cablevision agrees to maintain and keep in force and effect,
at its sole cost, at all times during the term of this consent, sufficient
liability insurance naming the Borough as an additional insured and
insuring against loss by any such claim, suit, judgment, execution
or demand in the minimum amounts of $500,000 for bodily injury or
death to one person and $1,000,000 for bodily injury or death resulting
from any one accident or occurrence stemming from or arising out of
the company's exercise of its rights hereunder.
Cablevision shall obtain and maintain, at its sole cost and
expense, during the entire term of this agreement, a bond to the municipality
in the amount of $25,000. Such bond shall be to insure the faithful
performance of its obligations as provided in this franchise.
The rates of the company for cable television services shall
be subject to regulation to the extent permitted by federal and state
law.
Cablevision 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 Borough pursuant to state and federal
requirements. 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 municipality is unable to make full use of the
cable television system as contemplated herein. The Borough shall
utilize the state-approved procedures for such emergency uses.
A. In the event that the service of another multichannel video program
provider not subject to the Borough's regulatory authority within
the Borough creates a significant competitive disadvantage to Cablevision,
the company shall have the right to request from the Borough lawful
amendments to its franchise that relieve it of burdens which create
the unfair competitive situation. Should the company seek such amendments
to its franchise, the parties agree to negotiate, in good faith, appropriate
changes to the franchise in order to relieve the company of such competitive
disadvantages. If the parties can reach an agreement on such terms,
the Borough agrees to support the company's petition to the Board
for modification of the consent in accordance with N.J.S.A. 48:5A-47
and N.J.A.C. 14:17-6.7.
B. If the parties are unable to reach an agreement on appropriate amendments
to the franchise, the Borough acknowledges that the company shall
have the right to petition the Board directly for such amendments
in accordance with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7; provided,
however, the Borough shall be under no obligation to support Cablevision's
request for such relief from the Board.
C. In any subsequent municipal consent, the Borough shall require, at
a minimum, the same terms and conditions of any other provider of
multichannel video programming subject to the Borough's regulatory
authority as those contained in the instant consent. In the event
such subsequent consent does not contain the same terms and conditions
as the instant consent, the Borough agrees to support the company's
petition to the Board for modification of the consent in accordance
with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7 to relieve the company
of competitive disadvantages identified in the company's petition.
Upon expiration, termination or revocation of this chapter,
Cablevision, at its sole cost and expense and upon direction of the
Board, shall remove the cables and appurtenant devices constructed
or maintained in connection with the cable services authorized herein,
unless Cablevision, its affiliated entities or assignees should, within
six months after such expiration, termination or revocation obtain
certification from the FCC to operate an open video system or any
other federal or state certification to provide telecommunications.
A. Cablevision shall continue to make available noncommercial public,
educational and governmental (PEG) access services available to the
residents of the Borough as described in the application for municipal
consent. All Cablevision support for PEG access shall be for the exclusive
benefit of Cablevision's subscribers.
B. The Borough agrees that Cablevision shall retain the right to use
the PEG access channel, or portion thereof, for non-PEG access programming,
during times when the Borough is not utilizing the channel for purposes
of providing PEG access programming. In the event that the company
uses said PEG access channel for the presentation of such other programming,
the PEG programming shall remain the priority use, and the company's
rights with respect to using the channel for non-PEG programming shall
be subordinate to the Borough's provision of PEG access programming
on such channel.
C. Cablevision shall have discretion to determine the format and method of transmission of the PEG access programming provided for in this §
12-20.
D. Upon written request from the Borough, Cablevision will install a
fiber access return feed to a municipally designated building, provided
it is a standard installation, to allow for the origination of PEG
access programming from the Borough.
E. In consideration for the rights granted in this chapter, the company
shall provide the Borough with a grant in the amount of $5,000. Cablevision
shall provide an initial grant payment of $1,400 within the first
year of the new franchise agreement. The remaining grant of $3,600
shall be provided in annual installments of $400, upon written request
by the Borough (the "annual grant"). Cablevision shall not be obligated
to make any additional payments beyond year 10 of the franchise. The
annual grant shall be payable to the Borough within 60 days from receipt
of the Borough's written request.
F. The Borough agrees that all amounts provided pursuant to Subsection
E shall be used for the exclusive support of PEG access programming, such as the purchase and/or rental of PEG access equipment and facilities. On request, the Borough shall provide Cablevision with a certification of compliance with this Subsection
F.
G. The company shall have no further obligation to provide any PEG grant
payments due and payable after the date upon which the company converts
the municipal consent granted herein to a system-wide franchise in
accordance with N.J.S.A. 48:5A-25.1.
All of the commitments contained in the application and any
amendment thereto submitted in writing to the Borough by the company,
except as modified herein, are binding upon Cablevision as terms and
conditions of this consent. The application and any other written
amendments thereto submitted by Cablevision in connection with this
consent are incorporated in this chapter by reference and made a part
hereof, except as specifically modified, changed, limited, or altered
by this chapter, or to the extent that they conflict with state or
federal law.
This consent shall be construed in a manner consistent with
all applicable federal, state and local laws, as such laws, rules
and regulations may be amended from time to time.
If any section, subsection, sentence, clause, phrase, or portion
of this chapter is for any reason held invalid or unconstitutional
by any court 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 thereof.
Notices required under this chapter shall be in writing and
shall be mailed, first class, postage prepaid, to the addresses below.
Either party may change the place where notice is to be given by providing
such change in writing at least 30 days prior to the time such change
becomes effective. The time to respond to notices under this chapter
shall run from receipt of such written notice.
A. Notices to the company shall be mailed to:
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Cablevision Systems Corporation
638 Route 10
Randolph, New Jersey 07869
Attention: Vice President for Government/Public Affairs, New
Jersey
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With a copy to:
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Cablevision of Oakland, LLC
1111 Stewart Avenue
Bethpage, New York 11714
Attention: Legal Department
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B. Notices to the Borough shall be mailed to:
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Borough of Ho-Ho-Kus
333 Warren Avenue
Ho-Ho-Kus, New Jersey 07423
Attention: Borough Administrator
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This chapter shall take effect upon issuance of a certificate
of approval as issued by the Board of Public Utilities that incorporates
the material terms of this chapter. Nothing herein shall alter the
right of the company to seek modification of this chapter in accordance
with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7.