[HISTORY: Adopted by the Township Council of the Township
of Willingboro 2-13-2007 by Ord. No. 2007-2. Amendments noted where
applicable.]
The municipality hereby grants to Comcast renewal of its nonexclusive
municipal consent to place in, upon, across, above, over and under
highways, streets, alleys, sidewalks, easements, public ways and public
places in the municipality, poles, wires, cables, underground conduits,
manholes and other television conductors, fixtures, apparatus and
equipment as may be necessary for the construction, operation and
maintenance in the municipality of a cable television and communications
system.
For the purpose of this ordinance, the following terms, phrases,
words and their derivations shall have the meanings given herein.
Such meaning or definition of terms is supplemental to those definitions
of the Federal Communications Commission ("FCC") rules and regulations,
47 CFR Subsection 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 the federal and state definitions:
Chapter 186 of the General Laws of New Jersey, and subsequent
amendments thereto, N.J.S.A. 48:5A-1 et seq.
The company's application for renewal of municipal consent.
Any service tier, which includes the retransmission of local
television broadcast signals as defined by the FCC.
The Board of Public Utilities, State of New Jersey.
The grantee of rights under this ordinance and is known as
"Comcast of Burlington County, LLC."
The Federal Communications Commission.
The Office of Cable Television of the Board.
Consists of the area of the municipality currently served
with existing plant as set forth in the map annexed to the company's
application for municipal consent.
The Township of Willingboro, County of Burlington, State
of New Jersey.
Public hearings conducted by the municipality, concerning the
renewal of municipal consent herein granted to the company, were held
after proper public notice pursuant to the terms and conditions of
the Act and the regulations of the Board adopted pursuant thereto.
Said hearings, having been fully open to the public, and the municipality,
having received at said public hearings all comments regarding the
qualifications of the company to receive this renewal of municipal
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.
A.
The nonexclusive municipal consent granted herein shall expire 15
years from the date of expiration of the previous certificate of approval
issued by the Board with a ten-year automatic renewal as provided
by N.J.S.A. 48:5A-19 and 48:5A-25 and N.J.A.C. 14:18-13.6.
B.
In the event that the municipality shall find that the company has
not substantially complied with the material terms and conditions
of this ordinance, the municipality shall have the right to petition
the OCTV, pursuant to N.J.S.A. 48:5A-47, for appropriate action, including
modification and/or termination of the certificate of approval; provided,
however, that the municipality shall first have given the company
written notice of all alleged instances of noncompliance and an opportunity
to cure same within 90 days of that notification.
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 for
cable television reception service in the municipality or any higher
amount permitted by the Act or otherwise allowable by law, whichever
is greater.
The consent granted under this ordinance to the renewal of the
franchise shall apply to the entirety of the municipality and any
property subsequently annexed hereto.
The company shall be required to proffer service along the public
right-of-way to any person's residence or business located in
those areas of the primary service area as set forth herein. Any extension
of the cable television system beyond the PSA will be made in accordance
with the Office of Cable Television's ("OCTV") Line Extension
Policy ("LEP"). For purposes of the LEP, the minimum density of homes
per mile shall be 35.
A.
Restoration. In the event that the company or its agents shall disturb
any pavement, street surfaces, sidewalks, driveways, or other surface
in the nature topography, the company shall, at its sole expense,
restore and replace such places or things so disturbed in as good
a condition as existed prior to the commencement of said work. The
company shall provide reasonable notice to the Township of any disturbances
of the public roads, street surfaces, sidewalks or other public areas.
B.
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 or relocate its equipment, at the
expense of the company.
C.
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 or other
public places of the municipality so as to prevent the branches of
such trees from coming in contact with the wires and cable of the
company. Such trimming shall be only to the extent necessary to maintain
proper clearance of the company's wire and cables.
In providing services to its customers, the company shall comply
with N.J.A.C. 14:18-1 et seq. and all applicable state and federal
statutes and regulations. The company shall strive to meet or exceed
all voluntary company and industry standards in the delivery of customer
service and shall be prepared to report on it to the municipality
upon written request of the Municipal Administrator or Clerk.
A.
The company shall continue to comply fully with all applicable state
and federal statutes and regulations regarding credit for outages,
the reporting of same to regulatory agencies and notification of same
to customers.
B.
The company shall continue to fully comply with all applicable state
and federal statues and regulations regarding the availability of
devices for the hearing impaired and the notification of same to customers.
C.
The company shall use every reasonable effort to meet or exceed voluntary
standards for telephone accessibility developed by the National Cable
Television Association (NCTA).
D.
Nothing herein shall impair the right of any subscriber or the municipality
to express any comment with respect to telephone accessibility to
the complaint officer, or impair the right of the complaint officer
to take any action that is permitted under law.
The Office of Cable Television is hereby designated as the complaint
officer for the municipality pursuant to N.J.S.A. 48:5A-26(b). All
complaints shall be received and processed in accordance with N.J.A.C.
14:17-6.5. The municipality shall have the right to request copies
of records and reports pertaining to complaints by municipality customers
from the OCTV.
During the term of this franchise, and any renewal thereof,
the company shall maintain a business office or agent in accordance
with N.J.A.C. 14:18-5.1 for the purpose of receiving, investigating
and resolving all local complaints regarding the quality of service,
equipment malfunctions, and similar matters. Such a business office
shall have a publicly listed toll-free telephone number and be open
during standard business hours, and in no event (excepting emergent
circumstances) less than 9:00 a.m. to 5:00 p.m., Monday through Friday.
During the life of the franchise, the company shall give to
the municipality a bond 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 for municipal consent incorporated
herein.
The rates of the company shall be subject to regulation as permitted
by federal and state law.
A.
The company shall provide total preferred cable television service
on one outlet at no cost to each school in the municipality, public
and private, elementary, intermediate and secondary, provided the
school is within 175 feet of an active cable distribution plant. Each
additional outlet installed, if any, shall be paid for on a materials-plus-labor
basis by the school requesting service. Monthly service charges shall
be waived on all additional outlets.
B.
The company shall provide total preferred cable television service
at no cost on one outlet to each police, fire, emergency management
facility and public library in the municipality, provided the facility
is located within 175 feet of an active cable distribution plant.
Each additional outlet installed, if any, shall be paid for on a materials-plus-labor
basis by the municipality. Monthly service charges shall be waived
on all additional outlets.
C.
The company shall provide free basic Internet service, via high-speed
cable modem, to one non-networked personal computer in each qualified
existing and future school in the Township, public and private, elementary,
intermediate and secondary, at no charge, provided the school is within
175 feet of an active cable distribution plant. The Internet service
shall be installed on a personal computer that is accessible to the
students and not for administrative use only.
D.
The company shall provide free basic Internet access via high-speed
cable modem on one non-networked personal computer in each qualified
existing and future public library, at no charge, provided the library
is within 175 feet of an active cable distribution plant. The Internet
service shall be installed on a personal computer that is accessible
to library patrons and not for administrative use only.
E.
A company representative shall appear annually, upon reasonable written
request of the Mayor, at a public hearing, public meeting, or public
work session of the governing body or before the Township's Cable
Advisory Committee, to discuss matters pertaining to the provision
of cable service to residents of the Township and other cable-related
issues as the Township and company may see fit to discuss.
F.
Within 12 months of the issuance of a certificate of approval (COA)
by the OCTV, the company shall provide a one-time technology grant
in the amount of $75,000 to Willingboro Township for cable/technology
and community related needs.
A.
The company will continue to provide qualified educational and governmental
access users with system-wide educational and governmental ("EG")
access opportunities on one channel for the shared use by the residents
of Willingboro Township, City of Beverly, Bordentown City, Bordentown
Township, Burlington City, Burlington Township, Cinnaminson Township,
Delanco Township, Delran Township, Edgewater Park Township, Palmyra
Borough, Riverside Township, Riverton Borough, and Westampton Township
(collectively, "municipalities") on the most basic tier of service
offered by the company in accordance with the Cable Act, Section 623,
and as further set forth below. Educational access video programming
shall be provided by the governing bodies of the municipalities or
other designated educational institution. Government video programming
shall be provided by the governing bodies of the municipalities. Unused
capacity may be utilized by the company subject to the provisions
for "fallow time" below. Upon written request, the company shall provide
the Township with a current schedule of its governmental and educational
access time at least once per year.
B.
The company does not relinquish its ownership of or ultimate right
of control over a channel by designating it for EG use. An EG access
user, whether an educational or government user, acquires no property
or other interest by virtue of the use of a channel so designated
and may not rely on the continued use of a particular channel number,
no matter how long the same channel may have been designated for such
use. In the event that there is any change in the designated channel
for EG use, the company shall provide notice to the Township of the
change.
C.
The company shall not exercise editorial control over any educational
or governmental use of channel capacity, except the company may refuse
to transmit any educational or governmental access program or portion
of an educational or governmental access program that contains obscenity,
indecency, or nudity.
D.
The governing bodies of Willingboro Township, City of Beverly, Bordentown
City, Bordentown Township, Burlington City, Burlington Township, Cinnaminson
Township, Delanco Township, Delran Township, Edgewater Park Township,
Palmyra Borough, Riverside Township, Riverton Borough, and Westampton
Township shall be responsible for developing, implementing, and enforcing
rules for EG access channel use, which shall insure that the EG access
channel and the EG access equipment, which shall be provided by the
municipalities, will be available on a first-come-first-served, nondiscriminatory
basis.
E.
Educational access. "Educational access" shall mean noncommercial
use by educational institutions such as public or private schools,
but not home schools, community colleges, and universities.
F.
Government access. "Government access" shall mean noncommercial use
by the governing bodies of Willingboro Township, City of Beverly,
Bordentown City, Bordentown Township, Burlington City, Burlington
Township, Cinnaminson Township, Delanco Township, Delran Township,
Edgewater Park Township, Palmyra Borough, Riverside Township, Riverton
Borough, and Westampton Township, for the purpose of showing the public
local government at work.
G.
Company use of fallow time. Because blank or underutilized EG channels
are not in the public interest, in the event the municipalities or
other EG access users elect not to fully program their EG access channel,
the company may program unused time on those channels subject to reclamation
by the municipality upon no less than 60 days' written notice.
H.
Indemnification. The municipalities shall indemnify the company for
any liability, loss, or damage it may suffer due to violation of the
intellectual property rights of third parties on the EG channel and
from claims arising out of the municipalities' rules for or administration
of access.
In the event that the municipality determines that it is necessary
and feasible for it to contract with the company for the purpose of
providing two-way or interconnection services, the company shall be
required to apply to the BPU for approval to enter into and establish
the terms and conditions of such contract. All costs for such application
to the BPU shall be borne by the municipality.
A.
The company will comply with the Emergency Alert System ("EAS") rules
in accordance with applicable state and federal statues and regulations.
B.
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 company shall at all times maintain a comprehensive general
liability insurance policy with a single limit amount of $1,000,000
covering liability for any death, personal injury, property damages
or other liability arising out of its construction and operation of
the cable television system and an excess liability (or "umbrella")
policy in the amount of $5,000,000. Upon reasonable written request
of the Mayor or Council, the company shall provide annual proof of
liability insurance that is consistent with the requirements of N.J.S.A.
48:5A-28(f), upon request of the municipality.
All of the statements and commitments contained in the application
or annexed thereto and incorporated therein, and any amendment thereto,
except as modified herein, are binding upon the company as terms and
conditions of this consent. The application and other relevant writings
submitted by the company shall be annexed hereto and made a part hereof
by reference, provided same do not conflict with applicable state
or federal law.
Should the municipality grant a franchise to construct, operate
and maintain a cable television system to any other person, corporation
or entity on terms materially less burdensome or more favorable than
the terms contained herein, the company may substitute such language
that is more favorable or less burdensome for the comparable provision
of this ordinance upon such change being memorialized by the Township
by way of an amending ordinance and approved by the Board subject
to the provisions of N.J.A.C. 14:17-6.7.
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 its validity or unconstitutionality shall not affect
the validity of the remaining portions of the ordinance.
Nothing in this franchise or in any prior agreement is or was
intended to confer third-party beneficiary status on any member of
the public to enforce the terms of such agreements or franchise.
This ordinance shall take effect immediately upon issuance of
a renewal certificate of approval from the BPU.
