[HISTORY: Adopted by the Township Committee
of the Township of Holland 5-1-2012 by Ord. No. 2012-6.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. A211,
adopted 6-17-1997 by Ord. No. 1997-4.
Service Electric Cable T.V. of Hunterdon, Inc., a Pennsylvania
corporation (SECTV) has applied to the Township of Holland pursuant
to the provisions of the Cable Television Act, N.J.S.A. 48:5A-1 et
seq. ("the Act") for renewal of the Township's consent to operate
a cable television and cable communications system in the Township
of Holland and to use the public roads of the Township for its cable
television and cable communications system. A public hearing concerning
the consent granted to the company was held on December 20, 2011,
after proper public notice pursuant to the terms and conditions of
the Act, the hearing having been fully opened to the public, and the
Township having received at the hearing all comments regarding the
qualifications of the company to receive a franchise.
For the purpose of this chapter, 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 include the singular,
and words in the singular include the plural.
The application for renewal of municipal consent filed with
the Township.
The Board of Public Utilities of the State of New Jersey.
The commitments, terms and undertakings on the part of the
company set forth in its application and as its application was amended
at the public hearing of December 20, 2011.
Any communications service other than cable television reception
service delivered through the facilities of a CATV system and for
which charges in addition to or other than those made for cable television
reception service are made or proposed to be made.
Any person owning, controlling, operating or managing a cable
television system. The term "person," as used herein, shall be construed,
without limiting the generality thereof, to include specifically any
agency or instrumentality of this state or of any of its political
subdivisions; but this definition shall not include a telephone, telegraph
or electric utility company regulated by the Board in a case where
it merely leases or rents or otherwise provides to a CATV company
wires, conduits, cables or pole space used in the redistribution of
television signals to or toward subscribers or customers of such CATV
company.
Any facility within this state which is operated or intended
to be operated to perform the service of receiving and amplifying
the signals broadcast by one or more television stations and redistributing
such signals by wire, cable or other device or means for accomplishing
such redistribution to members of the public who subscribe to such
service or distributing through its facility any television signals,
whether broadcast or not, or any part of such facility. The term "facility,"
as used in this definition, includes all real property, antennas,
poles, wires, cables, conduits, amplifiers, instruments, appliances,
fixtures and other personal property used by a CATV company in providing
service to its subscribers and customers.
The grantee of rights under this chapter and known as "Service
Electric Cable T.V. of Hunterdon, Inc."
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.
Every street, road, alley, thoroughfare, way or place of
any kind used by the public or open to use by the public within the
Township.
The Office of Cable Television of the State of New Jersey
Any natural person, firm, partnership, associates, corporation,
company or organization of any kind.
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 of the Board relating to cable television,
N.J.A.C. 14:17-1.1 et seq. and N.J.A.C. 14:18-1 et seq., or as such
regulations may be amended.
Those revenues derived from all recurring charges in the
nature of subscription fees paid by subscribers located within the
Township for cable television reception service for which no separate
or additional charge is made, i.e., basic cable service.
The Township of Holland, in the County of Hunterdon, State
of New Jersey, and shall include, as appropriate, the governing body
of the Township.
The Township 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. The Township therefore grants to SECTV its
nonexclusive consent 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 thereto such poles, wires,
cables, underground conduits, manholes and other television conductors
and fixtures necessary for the maintenance and operation in the Township
of a cable television system and cable communications system for the
purpose of distributing television and radio signals and other electronic
impulses in order to furnish television and radio programs and various
communications and other electronic services to the public. 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 as provided by the Federal Act and
State Act.
A.
The nonexclusive consent and franchise granted the company herein
shall expire 15 years from the date of the issuance of a renewal certificate
of approval by the Board (which renews the consent and franchise granted
by Ordinance No. 1997-4 of the Township).
B.
The fifteen-year term shall be conditioned upon the company complying
with the commitments in its application, at the public hearing thereon,
and in subsequent correspondence from the company as noted in the
references stated at the end of this chapter.[1] The Township reserves the right at any time to enforce
and/or terminate the said consent and franchise according to applicable
laws, rules and regulations for the company's failure to perform
any of its commitments and obligations as set forth in this chapter.
Prior to enforcement or termination, the Township shall give the company
60 days' written notice to cure the noncompliance. In the event
noncompliance continues, the Township shall file a petition with the
Board seeking such relief as is appropriate under the circumstances.
[1]
Editor's Note: Said references are on file in the Township
offices.
C.
The company shall be required to petition the Board for a certificate
of approval authorizing continued operating during the period following
expiration of the consent granted herein until such time that a decision
is made by the Township governing body relative to the renewal of
said consent. Such petition shall be filed at least 60 days prior
to the expiration of the consent granted herein.
If the company seeks successive consent, it shall, prior to
the expiration of this consent, apply for municipal consent and certificate
of approval in accordance with the Cable Television Act, N.J.S.A.
48:5A-11 and 48:5A-16, and applicable state and federal rules and
regulations or as may be amended from time to time The company shall
also petition the Board for continued operation during the period
following expiration of the consent granted herein and until such
a time that a decision is made by the Township governing body relative
to the renewal of said consent.
A.
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 Township 2% of the gross revenues from all recurring charges
in the nature of subscription fees paid by subscribers to its cable
television reception service in the municipality or any amount, if
greater, permitted by the Act or otherwise allowable by law. The fee
shall be paid on or before January 25 of each year, and at the same
time the company shall file with the Chief Financial Officer of the
Township a statement showing the gross receipts upon which payment
is based.
B.
In the event applicable law hereafter permits a larger franchise
fee to be collected, but does not fix the amount thereof, the Township
and the company shall negotiate in good faith with respect to the
amount. Additionally, in the event the relevant laws are amended in
the future to allow additional fees and/or charges (collectively "fees")
to be paid to the Township, the Township shall have the right to impose
such fees in accordance with the applicable law. In the event such
law does not state the amount the Township is allowed to impose, the
parties shall negotiate in good faith with respect to the amount of
the fee. In the event any of the fees provided for in this section
cannot be agreed to after negotiations, then the Township shall have
all rights available to it under law in order to establish the fee.
A.
The company shall be required to offer service to any residence or
business located in those areas of the franchise territory described
herein, in accordance with the proposal for the provision of services
as described in its application. Any additional extension of the system
will be made in accordance with the proposal in the application. The
company shall be further required to extend service to those public
streets, along public rights-of-way upon the conditions described
below:
(1)
Currently, the entire developed portion of the Township (meaning
the portion meeting the density requirements of the company's
basic line extension policy as stated herein) is potentially able
to receive cable service, and shall be served.
(2)
Some portions of the Township, however, are not currently served
by the company, as they are in less densely settled areas. The tariff
dated April 12, 2011 that was part of the company's municipal
consent application submitted on October 13, 2011, states that the
line extension policy will be applied in areas that do not meet the
minimum density of 35 homes per linear mile of cable plant, counting
the total number of homes within 200 feet on either side of the proposed
trunk line. In the letter from Mr. Kelly, dated December 30, 2011,
the company has agreed to apply the line extension policy currently
in force, as modified for the neighboring municipalities of Alexandria
and Kingwood Townships and Frenchtown Borough, which is 16 homes per
mile, counting homes within 300 feet on either side of the proposed
trunk line. This modified Policy will be applied in the Township and
is a condition of the consent hereby granted.
(3)
Telephone services and Internet services will be available within
the Township in the manner and time detailed in the application and
described by the company at the public hearing on this franchise renewal
on December 20, 2011. With regard to telephone services, the company
has advised the Township (see, Reference A at the end of this chapter[1]) that it is planning on launching telephone service to
homes in the western quarter of the Township by the end of January
2012, and that it will continue to move eastward through the Township
in February and March of 2012. Once the availability of these additional
(telephone) services is established, the company will offer its "Triple
Play" package to its customers in the Township at a price level no
higher than the company charges for that package in other New Jersey
municipalities served by the company.
[1]
Editor's Note: Said references are on file in the Township
offices.
B.
Any future extensions of the system, or any extension of the system
along private roads, will be made in accordance with the company's
line extension policy, with the conditions and modifications to it
stated above, where applicable.
All transmission and distribution structures, lines and equipment
erected by the company within the Township 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 or reasonable convenience of property owners who adjoin
any of said streets. Any opening or openings in the street or other
public places made by the company in the course of its operation shall
be made in accordance with the provisions of any ordinance of the
Township, as amended or supplemented, regulating said openings and
shall at all times be guarded and protected by the placement of adequate
barriers, fences or boardings, the bounds of which during dusk and
darkness shall be clearly designated by warning lights.
In the case of any disturbance of pavement, sidewalk, driveway
or other surfaces, the company shall, at its own cost and expense
and in accordance with appropriate rules, regulations, specifications
and ordinances of the Township, replace and restore all paving, sidewalk,
driveway and other surfaces disturbed in as good condition as before
said work was commenced.
In the event that at any time during the period of this consent
the Township shall lawfully elect to alter or change the grade of
any street, alley or other public way, the company, upon reasonable
notice by the Township, shall remove, relay and relocate its poles,
wires, cables, underground conduits and other fixtures at its own
expense. If in the future the electric and telephone utilities voluntarily
or by operation of law are required to replace existing overhead wires
and equipment with underground wires and equipment, the company shall
at the same time and on the same terms and conditions replace its
overhead wires and equipment with underground wires and equipment.
The company shall, upon request of the Township, temporarily
raise, lower or remove its lines in order to facilitate the moving
of buildings or machinery, or in other like circumstances. Whenever
the request for temporary removal is made by a private party (which
in all cases shall have obtained lawful permission for such moving),
the cost will be borne by the requesting party, and the company shall
have the authority to require such payment in advance. The company
shall be given not less than 10 days' advance notice to arrange
for temporary wire changes.
The company shall not place poles or other fixtures where the
same will interfere with any gas, electric or telephone fixture, water
hydrant or main, sanitary or storm sewer, and all such poles or other
fixtures placed in any street shall be placed between any sidewalk
and the curbline and those placed in alleys shall be placed close
to the line of the lot abutting on said alley, and then in such a
manner as not to interfere with the usual travel on said streets,
alleys and public ways.
During the exercise of its rights and privileges under this
consent, the company shall have the authority to trim trees upon and
overhanging on streets, alleys, sidewalks and public places of the
Township so as to prevent the branches of such trees from coming into
contact with the wires and cables of the company. Such trimming shall
be only to the extent necessary to maintain proper clearance for the
company's wires and cables.
A.
The company shall cause any and all construction plans relating to
work on any extension of the company plant or work which could have
a significant impact on public works within the Township to be filed
with the Township Engineer.
B.
All facilities and equipment of the company shall be constructed
and maintained in accordance with the requirements and specifications
of the applicable ordinances and regulations set forth by the Township
which do not conflict with regulations established by OCTV and/or
the laws and regulations of any other applicable local, state or federal
agencies.
The consent and franchise granted herein to the company shall
apply to the entirety of the Township and any property hereafter annexed
thereto within the term of this consent and franchise.
During the term of this franchise and any renewal term, the
company shall maintain a local business office or agent for the purpose
of receiving, investigating and resolving all complaints regarding
the quality of service, equipment malfunctions, and similar matters
in accordance with N.J.A.C. 14:18-5.1. All complaints shall be received
and processed by the company pursuant to N.J.A.C. 14:17-6.5. The local
office shall be open to receive inquiries and complaints and to receive
payment of bills from subscribers during normal business hours, and
in no event less than 9:00 a.m. to 5:00 p.m., Monday through Friday.
Any complaints from subscribers shall be investigated as soon as practicable,
but at least within two business days of their receipt. The company
shall keep a maintenance service log in the manner required by the
regulations of the OCTV.
The New Jersey Office of Cable Television (OCTV) is hereby designated
as the complaint officer required by N.J.S.A. 48:5A-26 to receive
and act upon complaints by subscribers to cable television reception
service provided pursuant to this franchise.
A.
Facilities and equipment. In transmitting its television signals
to subscribers in the Township, the company shall provide a quality
of signal that is at least as good as that customarily provided under
prevailing industry standards, and the company shall comply with any
requirements imposed by the Federal Regulations, any federal pronouncements
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.
B.
Emergency uses. The company is in compliance with the Federal Emergency
Alert System (EAS) and, as such, the company 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 municipality
pursuant to state and federal requirements. The company shall in no
way be held liable for any injuries 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 systems as contemplated
herein. The municipality shall utilize the state-approved procedures
for such emergency uses.
C.
Customer service. At the request of the Township, the company and
Township's designee shall meet at least annually to review all
matters relating to cable television in the township, with the minutes
of such meetings to be delivered to the company and to be filed with
the Township.
A.
The Township acknowledges that, under the federal Act, municipalities
do not have the authority to regulate the rates the company charges
subscribers for its services. Therefore, the Township will not regulate
the rates the company may charge subscribers for its service, provided
that, in the event the Federal Act and other applicable law hereinafter
is amended to permit the exercise of regulatory power over rates by
municipalities, the Township reserves the right to exercise the maximum
power permitted by law.
B.
The Township is desirous of obtaining reduced rates for senior citizens,
disabled residents and other parties for whom reduced rates may currently
be available or may be available during the term of this ordinance.
Therefore, if the company adopts reduced rates for senior citizens,
disabled persons or other parties in the future in accordance with
N.J.S.A. 48:5A-11.1 et seq. and the Federal Act or any other law or
regulation, these special rates shall be offered to qualified Township
residents.
Although nothing herein shall require the company to carry or
transmit any particular television stations or programming source,
the company shall provide the subscribers in the Township with at
least the same broad categories of programming, in approximately the
same quantity, as are now provided and which appear in the application.
A.
The company shall provide free installation and basic cable service
through one service outlet to the following facilities: the municipal
building; Holland Township School; the Holland-Alexandria Free Public
Library; each police, fire, first aid, and emergency management facility;
and Township-operated community center, at no cost. This obligation
shall apply to any new facilities in the preceding categories constructed
during the term of this municipal consent.
B.
The company shall provide free installation of Internet services to the same facilities listed in Subsection A of this section. This obligation shall apply to any new facilities in the preceding categories constructed during the term of this municipal consent. The company is not required to provide the monthly service fee free of charge.
A.
The company shall pay, and by its acceptance of this consent and
franchise the company expressly agrees that it will pay, all damages
and penalties which the Township may legally be required to pay as
a result of the company's negligence or other legal wrongdoing
in the installation, operation, or maintenance of the cable television
system authorized herein. The Township shall notify the company, at
its address last provided to the Township, within 30 days after the
presentation of any claim or demand to the Township, either by suit
or otherwise, made against the Township on account of any negligence
or other legal wrongdoing as aforesaid on the part of the company.
B.
Furthermore, and independent of the provisions of Subsection A, above, the company shall carry insurance in the minimum amounts as follows:
(1)
Commercial general liability insurance with at least $1,000,000
per occurrence and $2,000,000 general aggregate;
(2)
Automobile liability insurance with at least $1,000,000 combined
single limit;
(3)
Umbrella liability insurance with at least $10,000,000 per occurrence
and in the aggregate; and
(4)
Worker's compensation and employers' liability insurance
as required by law.
During the life of the franchise, the company shall give a bond
to the Township in accordance with N.J.S.A. 48:5A-28(d), which bond
shall be in the minimum amount of $25,000. Such bond shall be to insure
the faithful performance of all undertakings of the company as represented
in the application herein.
The company 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 each and all of its subscribers; provided,
however, that such rules, regulations, terms and conditions shall
not be in conflict with federal and/or state laws, or the terms and
conditions of this chapter.
The company shall not sell or transfer its CATV system to another,
nor transfer any rights under this franchise to another, except as
provided in the state Act.
Any modification of existing and applicable FCC rules resulting
from amendment thereto by the FCC shall, to the extent applicable,
be considered as part of this franchise as of the effective date of
the amendment made by the FCC and shall be incorporated in this franchise
by specific amendments thereto by the lawful action of the Township
Committee within one year from the effective date of the FCC's
amendment or at the time of renewal to this franchise, whichever occurs
first.
This chapter and consent and franchise are subject to all provisions
of the State Act and Federal Act and to all lawful rules and regulations
of the OCTV adopted pursuant thereto. The company shall at all times
comply with the state regulations governing cable television operation,
the state Act, the federal Act and any other applicable state or federal
law or regulation. In the event of a conflict between the state Act
and state regulations and any FCC rules and regulations, the FCC rules
and regulations shall prevail.
The company shall not allow its cable or other operations to
interfere with the television reception of persons not served by the
company, nor shall the CATV system interfere with, obstruct or hinder
in any manner the operation of the various utilities serving the residents
of the Township.
In the event, new cable services or products are made available
to subscribers in other New Jersey municipalities served by the company,
the same or similar service or product shall be made available to
all of Holland Township within one year after introduction.
A.
Subject to the requirements of the Federal Act and approval by the
Board, the Township reserves the power to amend any portion of this
chapter after public hearing for the purpose of requiring reasonable
additions or greater standards of construction, operation, maintenance
or otherwise on the part of the company. Said amendments shall be
feasible and within the economic capabilities of the company and referable
to the number of subscribers in the community.
B.
If any section, subsection, sentence, clause, phrase or portion of
this chapter is for any reason held invalid, preempted or unconstitutional
by any court or federal or state agency of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent
provision of this chapter and such holding shall not affect the validity
of the remaining portions hereof.
Notwithstanding any specific mention of applicable federal or
state statutes or regulations above, the company shall comply with
all of the requirements of the Federal Act, the Federal Regulations,
the state Act and state regulations (to the extent not preempted)
and any other valid statute, regulation, rule or promulgation.
Should any of the federal or state statutes, regulations or
pronouncements applicable to the regulation of cable television be
modified in any way, such modifications, to the extent that they embody
required terms and conditions and meaningfully can be incorporated
into this chapter, shall be so incorporated, consistent with any applicable
effective dates specified in such modification. To the extent that
any such modification places limits on permissible terms and conditions
and any provision of this ordinance becomes invalid by virtue of such
modification, the previous section shall apply.
The Township reserves the right to amend this chapter in the
event of any changes in state and/or federal law or regulations regarding
cable television in a manner consistent with the regulations of the
OCTV or the Board.
All of the statements and commitments contained in the company's
application for this consent and franchise and any amendment thereto
or otherwise submitted in writing to the Township or its governing
body, except as modified herein, are binding upon the company as terms
and conditions of this consent. The application and any other relevant
writings submitted by the company shall be annexed hereto and made
part hereof by reference to the extent that they do not conflict with
state or federal law.[1]
[1]
Editor's Note: Said application and other relevant writings
are on file in the Township offices.
