[HISTORY: Adopted by the Township Council of the Township
of Parsippany-Troy Hills 7-17-2012 by Ord. No. 2012:29. Amendments noted where applicable.]
For the purpose of this ordinance, 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 Township Clerk's office and
is incorporated herein by reference and made a part hereof, except
as modified, changed, limited or altered by this ordinance.
BOARD
The Board of Public Utilities of the State of New Jersey
or its successor agency.
COMPANY
CSC TKR, LLC, doing business as Cablevision of Morris ("Cablevision"),
the grantee of rights under this ordinance.
FCC
The Federal Communications Commission.
FEDERAL ACT
Those federal statutes 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 14:18-1.1 et seq.), or as such regulations may be amended.
TOWNSHIP
The governing body of the Township of Parsippany-Troy Hills
in the County of Morris, in the State of New Jersey.
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 Township hereby finds
that 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 Township 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 Township of a cable television system
or other communications facility and for the provision of any communications
service over such facilities as may be authorized by federal or state
regulatory agencies. 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 by the Board.
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 Township 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 ordinance to Cablevision shall
apply to the entirety of the Township 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 within
the portion of the franchise territory, as described in the application
for municipal consent, at Cablevision's schedule of rates for
standard and nonstandard installation.
Cablevision shall extend service along any public right-of-way
outside its service area to those residences within the franchise
territory which are located in areas that have a residential density
of 25 homes per mile or greater, and in areas with fewer than 25 homes
per mile where residents agree to share the costs of such extension
in accordance with the line extension formula as provided by the company
in its application for municipal consent.
Pursuant to the terms and conditions of the Cable Television
Act, Cablevision shall pay to the Township, as an annual franchise
fee, a sum equal to 2% of the actual gross revenues received from
all recurring charges in the nature of subscription fees paid by subscribers
for its cable television reception services in the Township. In the
event that applicable law hereinafter permits a larger franchise fee
to be collected but does not fix the amount thereof, the Township
and Cablevision shall negotiate in good faith with respect to the
amount thereof; provided, however, that nothing herein shall be construed
to permit the Township 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 Township.
A. Cable television service. For the term of this ordinance, Cablevision
shall, upon written request, provide, free of charge, one standard
installation and one complimentary outlet of basic cable television
service to all state or locally accredited public, private and parochial
primary and secondary schools, all municipal public libraries, all
emergency service buildings and all municipal buildings used for governmental
purposes within the Township.
B. Internet service. Upon written request from the Township, the company
shall provide to one municipally owned facility, without charge, one
standard installation; one cable modem per installation; and basic
cable modem service for the term of this ordinance for each installation.
This offer shall be subject to the terms, conditions and use policies
of the company as those policies may exist from time to time.
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 Township:
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 Township, 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 Township, 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 Township 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 from 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 Township 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.
[Amended 7-16-2013 by Ord. No. 2013:19]
A. Cablevision
agrees to maintain and keep in force and effect at its sole cost at
all times during the term of this consent, sufficient commercial general
liability insurance naming the Township as an additional insured and
insuring against loss by any such claim, suit, judgment, execution
or demand in the minimum amounts of $1,000,000 for bodily injury or
death per occurrence stemming from or arising out of the Company’s
exercise of its rights hereunder. The Company shall also maintain
an excess liability policy in the amount of $5,000,000.
B. Cablevision
shall indemnify, protect and save the Township harmless from and against
losses and physical damages to property, including those properties
owned or under the control of the Township, and bodily injury or death
of persons, including payments made under any workers' compensation
law, which may arise out of or be caused by the actions of the company,
its agents or employees in connection with the construction, location,
installation, operation, erection, maintenance, repair, replacement,
removal or use of the cable television system within the Township
as contemplated by this franchise; provided, however, that the company
shall not be required to indemnify, protect and save harmless for
any losses and physical damages and bodily injury or death of persons
which may arise out of or be caused by the negligent acts or willful
misconduct of the Township, its agents or employees.
Cablevision shall obtain and maintain, at its sole cost and
expense, during the entire term of this agreement, a bond to the Township
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 Township pursuant to state and federal
requirements. The company shall in no way be held liable for any injury
suffered by the Township 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 Township 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 Township's regulatory authority within
the Township creates a significant competitive disadvantage to Cablevision,
the company shall have the right to request from the Township 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 Township 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 Township 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, that the Township shall be under no obligation to support
Cablevision's request for such relief from the Board.
C. In any subsequent municipal consent, the Township shall require,
at a minimum, the same terms and conditions of any other provider
of multichannel video programming subject to the Township's regulatory
authority as those contained in the instant consent. In the event
that such subsequent consent does not contain the same terms and conditions
as the instant consent, Township 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 ordinance,
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 or 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 noncommercial public, educational
and governmental (PEG) access services available to the residents
of the Township 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 Township agrees that Cablevision shall retain the right to use
the PEG access channel, or a portion thereof, for non-PEG access programming
during times when the Township 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 Township'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 §
A440-21.
D. Upon written request from the Township, Cablevision will install
a fiber access return feed to a municipally designated building, provided
that it is a standard installation, to allow for the origination of
PEG access programming from the Township.
E. Cablevision shall provide the Township with a one-time PEG grant
of up to $78,000 payable as follows: an initial grant payment of $15,000
within 90 days of the issuance of the certificate of approval by the
Board of Public Utilities (the "initial grant"); and a grant of $63,000
provided in annual installments of $7,000, upon written request by
the Township (the "annual grant"). The annual grant shall be payable
to the Township within 90 days from receipt of the Township's
written request. Cablevision shall not be obligated to make any additional
payments beyond year 10 of the franchise term.
F. The Township agrees that the initial grant and the annual grant 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 Township shall provide Cablevision with a certification of compliance with this §
A440-21E.
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 Township 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 ordinance by reference and made a
part hereof, except as specifically modified, changed, limited, or
altered by this ordinance, 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 ordinance 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 portion thereof.
Notices required under this ordinance 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 ordinance
shall run from receipt of such written notice.
A. Notices to the company shall be mailed to:
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Cablevision Systems Corporation
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1111 Stewart Avenue
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Bethpage, NY 11714
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Attention: Vice President for Government/Public Affairs, New
Jersey
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With a copy to:
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Cablevision of Morris
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1111 Stewart Avenue
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Bethpage, NY 11714
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Attention: Legal Department
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B. Notices to the Township shall be mailed to:
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Township of Parsippany-Troy Hills
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1001 Parsippany Boulevard
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Parsippany, NJ 07054
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Attention: Business Administrator
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A. This ordinance 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 ordinance. Nothing herein shall alter the
right of the company to seek modification of this ordinance in accordance
with N.J.S.A 48:5A-47 and N.J.A.C. 14:17-6.7.
B. This ordinance shall take effect upon passage and publication as
required by law.