[Adopted 6-7-2023 by Ord. No. 2023-13[1]]
[1]
Editor's Note: This ordinance repealed former
Art. 2, Cable Television Franchise, adopted 6-19-2013.
A.
The Township hereby grants to Comcast a 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 Township, poles, wires, cables, underground conduits,
manholes and other television conductors, fixtures, apparatus, and
equipment as may be necessary for the construction, operation and
maintenance of the Township of a cable television and communications
system.
B.
This article shall be known and may be cited as the "Comcast of Central
New Jersey II, LLC Municipal Consent Ordinance."
For the purpose of this article, the following terms, phrases,
words and their derivations shall have the meaning given herein. Such
meaning or definition of terms is supplemental to those definitions
of the Federal Communications Commission (FCC) Rules and Regulations,
47 CFR 76.1 et seq., and the Cable Communications Policy Act of 1984,
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 or state definitions:
Chapter 186 of the General Laws of New Jersey, 1972, N.J.S.A.
48:5A-1 et seq., and subsequent amendments thereto.
The application for a cable television franchise of Comcast
of Central New Jersey II, LLC, which application is on file in the
office of the Township Clerk and is incorporated herein by reference
and made a part hereof, except as modified, changed, limited or altered
by this ordinance.
The Board of Public Utilities of the State of New Jersey.
The grantee of rights under this ordinance and is known as
"Comcast of Central New Jersey II, LLC," a Delaware limited liability
company, with executive offices at One Comcast Center, Philadelphia,
Pennsylvania 19103.
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 regulation 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.
The Township of Chester in Morris County in the State of
New Jersey.
The New Jersey Office of Cable Television within the Board
of Public Utilities.
The area of the municipality in which the company shall make
service available to all present and future customers at standard
and nonstandard installation rates and without a subscriber contribution
in aid of construction.
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.
The municipality hereby grants to the company its nonexclusive
consent to place in, upon, along, across, above, over and under the
highways, streets, alleys, sidewalks, public ways, and public places
in the municipality, poles, wires, cables, underground conduits, manholes,
and other television conducts and fixtures necessary for the maintenance
and operation in the municipality of a cable television system and
cable communication system. The placement of equipment and facilities
in the public rights-of-way pursuant to this ordinance shall not unreasonably
interfere with the public rights-of-way and shall not preclude other
entities form being able to place facilities in the rights-of-way.
Equipment and facilities placed in public rights-of-way shall be of
the type and nature that is generally consistent with such equipment
normally or regularly used within this industry and shall not be of
a size that unreasonably consumes an excessive portion of the right-of-way
or unreasonably interferes with the use of the right-of-way. The company
shall also comply with all zoning ordinances unless exempted pursuant
to N.J.S.A. 48:5A-171. Construction pursuant to said consent is conditions
upon prior approval of the Board.
A public hearing regarding Comcast of Central New Jersey II,
LLC's consent application was conducted on March 1, 2022, after
proper public notice, according to the terms and conditions of the
Act. The hearing was fully open to the public. The municipality found
that Comcast of Central New Jersey II, LLC possesses the necessary
legal, technical, character, financial and other qualifications to
support municipal consent, pursuant to terms and conditions set forth
herein. This ordinance incorporates the terms and conditions agreed
to by Comcast of Central New Jersey II, LLC.
The consent herein granted shall be nonexclusive for a renewal
period of 10 years, starting from the date of expiration of the previous
Certificate of Approval issued by the Board. 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 municipalities
shall have the right to petition the OCT, 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 to
its cable television reception service in the municipality or any
greater amount permitted by the New Jersey Cable Television Act or
otherwise allowed by law, immediately upon the effective date thereof.
The company shall file with the Chief Financial Officer of the municipality
a verified statement showing the gross receipt of which payment is
based. The company shall remit the franchise fee once annually to
the Township before the 25th day of January in accordance with N.J.S.A.
48:5A-30.
The consent hereby granted to the company shall apply to the
entirety of the municipality and any property hereafter annexed thereto.
A.
The primary service area shall consist of the portion of the municipality
as proposed in the application and as delineated on the map submitted
with the application. Consequently, the company shall be required
to proffer service along any public right-of-way to any person's
residence or business located in the primary service area at tariffed
rates for standard and nonstandard installation.
B.
The company agrees to review those areas and rights-of-way indicated
on the map of Chester Township which delineates the underground and
aerial serving areas which as submitted with this renewal application
to determine, based on adequate home site development plans and currently
issued Township street and lot maps, what previously noted line extension
areas can now be incorporated into the primary service area.
C.
As the Township's open space is further developed, Chester Township
shall periodically, but not less than once every six months, notify
the company of those approved building permits that have been granted
to develop major subdivisions within the Township. The company shall
undertake commercially reasonable efforts to work with developers
to effect appropriate cable access plans to such improved residential
property during actual construction periods that will minimize unnecessary
disturbance of finished landscaping, driveways, sidewalks or cartways
and road surfaces. Any construction costs, tariffed or otherwise,
associated with extending such cable service access to these newly
developed home sites that meet the requirements as defined in this
consent and can be included in the company's primary service
area standards, shall be settled between such developers and the company
prior to homeowners taking occupancy of such homes.
D.
The company's line extension policy, as set forth in the company's
application, shall govern any extension of plant beyond the primary
service area. For the purposes of said policy the minimum density
of homes shall be 20 homes per mile (HPM).
A.
In the event that the company or its agents shall disturb an pavement,
street surfaces, sidewalks, driveways, lawns or other surfaces in
the natural topography, the company shall, at its sole expense, restore
and replace such places or things so disturbed in as good condition
as existed prior to the commencement of said work. In the event that
the company does not restore the property to as good a condition as
existed prior to the commencement of such work, the municipality shall
notify the company and within 10 days of receipt of such notice the
company shall restore the property to as good a condition as existed
prior to the commencement of such work. If, after the company has
received notice pursuant to this subsection, the company does not
restore the property as required herein, the municipality shall advise
the company that if restoration is not completed in accordance with
this subsection, the municipality shall refer the matter to the Board
of OCT for appropriate administrative action. The company shall comply
with all state laws and regulations governing excavation, including
utility company marking of areas prior to excavation activities.
B.
At least 10 days' prior to the commencement of any upgrade related
to underground construction work or work requiring new or enlarged
equipment to be installed on private property, other than equipment
installed in connection with necessary or normal repairs or maintenance,
Comcast of Central New Jersey II, LLC will use mail to deliver to
every affected property owner a notice of commencement of such work.
C.
All residential property, including grass, shrubbery, and other landscaping
to the extent possible shall be restored to its prior condition. Where
sod has been stalled, Comcast of Central New Jersey II, LLC will lift
the sod and replace same. All restoration work will be conducted by
persons/contractors that are regularly engaged in the type of work
that is the subject of restoration. Any sprinkler repairs necessary
are to be completed within 48 hours after notification unless otherwise
agreed upon by the resident.
D.
Where and when possible, all affected areas are to be returned to
a right-of-way condition on the same business day. All trenches are
to be closed the same working day. In the case of unusual circumstances,
the area is to be secured and closed the following work day. In the
event an area is not secured and closed at the end of a Friday, crews
will return and close the area on a Saturday morning.
E.
If the company is required to excavate or otherwise disturb grass
or sod during the months of November through March, the company shall
restore the property to its prior condition upon completion of the
work. However, because during November through March it will be difficult
to restore grass or sod to its prior condition, the company during
the month of April shall restore each tract of grass or sod that was
disturbed by the company from November through March.
F.
Comcast of Central New Jersey II, LLC will repair any damage to tree
limbs, trunks, or bark caused by Comcast of Central New Jersey II,
LLC's construction working using approved methods and/or materials,
i.e., any branches broken will be pruned off and sprayed with tree
wound spray. Comcast of Central New Jersey II, LLC will prune broken
tree limbs resulting from Comcast of Central New Jersey II, LLC's
construction/maintenance work using approved pruning methods.
G.
Removal or trimming of trees during the exercise of its rights and
privileges under this franchise, Comcast of Central New Jersey II,
LLC shall have the authority, after consultation with the municipality,
to thin trees upon and overhanging streets, alleys, sidewalks and
public places of the municipalities so as to prevent the branches
of such trees from coming in contact with the wires and cables of
Comcast of Central New Jersey II, LLC. Such trimming shall be performed
only to the extent necessary to maintain proper clearance for Comcast
of Central New Jersey II, LLC wires and cables.
H.
Both the municipality and Comcast of Central New Jersey II, LLC shall
maintain a list of the name and address of each person making a complaint
regarding construction, repair or maintenance work, the date of the
complaint, and the nature of the complaint.
I.
In the event that an emergency arises as a result of Comcast of Central
New Jersey II, LLC's construction or maintenance activities,
it shall immediately contact the Municipal Police Department and any
utility companies that may be affected by the accident.
J.
If at any time during the period of this consent, the municipality
shall alter or change the course or grade of, or close or vacate,
any street, alley or other way or place, the company, upon reasonable
notice by the municipality, shall remove, relay and relocate its equipment,
at the expense of the company.
K.
The company shall temporarily move or remove appropriate parts of
its facilities to allow moving of buildings, machinery or in other
similar circumstances. The expense for the movement or removal of
such facilities shall be borne by the party requesting such action
except when requested by the municipality, in which case, the company
shall bear the cost.
L.
During the exercise of its rights and privileges under this consent
and to the extent the authority is granted in the company's certificate
of approval issued by the Board, the company shall trim trees upon
and overhanging streets, alleys, sidewalks and public places of the
municipality so as to prevent, but only to prevent, the branches of
such trees from coming in 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 facilities, and no trees shall
be removed or destroyed without the prior consent of the municipality.
M.
The company shall cause any and all construction plans relating to
work on any extensions of Comcast of Central New Jersey II, LLC's
plant or work, which could have a significant impact on public works
within the municipality to be filed with the municipality. Nothing
herein shall create any rights or obligations with respect to construction
work which are inconsistent with any regulations or regulatory authority
of the Board.
The rates of the company shall be subject to regulation as permitted
by federal and state law.
During the term of this franchise, and any renewal thereof,
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.
The local business office need not be located within the municipality,
but rather within a reasonable distance therefor, affording convenient
accessibility to municipal subscribers. 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. In addition,
telephone response for such purpose will be provided by the company's
personnel, representative or agent 24 hours a day. Said phone number
and address shall, at all times, be on file with the Clerk of the
municipality.
The Office of Cable Television is hereby designated as the complaint
officer for the municipality pursuant to N.J.S.A. 48:5A-27(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.
A.
Facilities and equipment.
(1)
In transmitting its television signals to subscribers in the
municipality, the company shall provide a quality of a signal that
is at least equivalent to that customarily provided under prevailing
industry standards.
(2)
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 regulations or pronouncements
relating to technical standards for the transmission of television
signals, transmission quality, or facilities and equipment.
(3)
The company's system shall meet all federal and state technical
requirements and shall be state of the art and of the highest technical
quality.
(4)
Comcast of Central New Jersey II, LLC agrees that the capabilities
of the system shall be maintained as technologically current throughout
the duration of the franchise, as compared with other New Jersey systems
of comparable size measured by the number of customers in the system,
and to the extent economically reasonable.
(5)
The company shall maintain standby power supplies for all existing
and future power supplies within the system serving the municipality.
B.
Customer service.
(1)
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.
(2)
In order to maintain its level of telephone accessibility for
calls relating to maintenance and repairs and to improve service for
call relating to installation, addition or deletion of programing
services, and other customer inquiries, the company shall do the following:
(a)
The company shall comply with any and all properly adopted rules,
regulations or promulgations of the OCTV or other regulatory bodies
insofar as they apply to telephone accessibility.
(b)
The company shall maintain a telephone number by which subscribers
wishing to communicate with the company can do so during the day or
evening. The telephone number shall be published in every monthly
bill.
(3)
In the event of major technical changeovers of equipment affecting
the majority of subscribers, where such changeover of equipment is
necessary for such subscribers to maintain their current level of
service, the company shall make such equipment available to the subscriber
at the local office.
(4)
The company shall continue to fully comply with all applicable
state and federal statutes and regulations regarding the availability
of devices for the hearing impaired and the notification of same to
customers.
(5)
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 compliant officer
to take any action that is permitted under the law.
C.
Within six months of the issuance of a Renewal Certificate of Approval
by the BPU, the Company shall provide to the Borough a one-time PEG
Access Capital Grant in the amount of $15,000 to meet the Access capital
needs of the community.
D.
Notice. The company shall provide written notice to the municipality
as may be required by any and all properly adopted rules, regulations
or promulgations of the Office or state or federal statutes.
E.
Compliance with law. 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, regulations, rule or promulgation,
specially including, but without limitation, those relating to equal
employment opportunity.
During the life of the franchise, the company shall give a bond
to the Township of Chester which bond shall be 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. In the event the company does not comply with
its obligations regarding property restoration as set forth herein,
the municipality after providing reasonable notice to the company
shall refer the matter to the Board and/or the Office for appropriate
administrative action.
The rates of the company shall be subject to regulations as
permitted by federal and state law.
Changes in programming shall be provided in accordance with
applicable statute and federal requirements. Presently, the requirements
for notification are set forth in N.J.A.C. 14:18-3.17 and applicable
FCC regulations.
A.
The company shall provide standard installation and basic cable television
service to one outlet at no cost to each municipal government building,
including, but not limited to, the Municipal Building, police, emergency
management (EMS) facility, rescue squad headquarters, public works
garage, public schools (Black River Middle School, Bragg School and
Dickerson School), the Chester library, and the Chester Township community
center (The Bar at Highland Ridge). Each additional outlet installed,
if any, shall be paid for in accordance with Comcast's standard
charges by the entity requesting service. Monthly charges shall be
waived on all additional outlets, except for equipment. All newly
installed facilities must be within 200 feet of active cable plant
(this restriction does not apply to existing installations).
B.
Comcast will also provide at no cost to the municipality standard
installation and one nonnetworked (standard residential bandwidth
connection) Internet connection via high-speed cable modem to Chester
public schools, including Black River Middle School, Bragg School
and Dickerson School, and the Chester Library. The Internet service
provided for herein must be available to student and patron use and
cannot be limited to administrative uses. All newly installed facilities
must be within 200 feet of active cable plant (this restriction does
not apply to exiting installations).
The company shall make available within the municipality the
following:
A.
The company shall continue to provide residents with a system-wide
public access channel maintained by the company. Qualified individuals
and organizations may utilize public access for the purpose of cablecasting
noncommercial access programing in conformance with the company's
published public access rules.
B.
The company shall continue to provide a system-wide leased access
channel maintained by the company for the purpose of cablecasting
commercial access programming in conformance with the company's
guidelines and applicable state and federal statutes and regulations.
C.
The company shall take any steps that are necessary to ensure that
the signals originated on the access channels are carried without
material degradation, and with a signal whose quality is equal to
that of the other standard channels that the company transmits.
A.
The company will comply with the Emergency Alert System that is being
implemented by federal, state and county officials. See FCC Regulations,
Part H, Subpoint D, Section 11.51.
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 agrees to indemnify, save and hold harmless, and
defend the municipality, its officers, boards and employees, from
and against any liability for damages and for any liability or claims
resulting from property damage or bodily injury (including accidental
death), which arise out of the company's construction, operation,
or maintenance of its cable television system, including, but not
limited to, reasonable attorneys' fees and costs, provided that
the municipality shall give the company written notice of its obligation
to indemnify the municipality. If the municipality determines that
it is necessary for it to employ separate counsel, the costs for such
separate counsel shall be the responsibility of the municipality.
A.
The company agrees to maintain and keep in full force and effect,
at its sole expense at all times during the term of this consent,
sufficient liability insurance naming the municipality as an additional
insured and insuring against any loss, injury or damage which may
arise, directly or indirectly, from any claim, suit, judgment, action,
execution or demand. The amounts of such insurance against liability
due to physical damage to property or bodily injury or death to any
one person shall not be less than $1,000,000 to any one accident and
an excess liability policy in the amount of $5,000,000.
B.
The company shall also carry such insurance as it deems necessary
to protect it from all claims under the workmen's compensation
laws in effect that may be applicable to the franchise.
C.
All insurance required by this ordinance shall be and remain in full
force and effect for the entire life of this franchise. A certificate
of insurance including the above-mentioned limits of liability shall
be submitted to the municipality within 10 days of execution of this
agreement; all changes/revisions insurance resulting in a revised/new
certificate of insurance likewise shall be submitted to the municipality
within 10 days after the change. Said certificate of insurance shall
be deposited with and kept on file by the Township Clerk, and the
municipality shall be a named insured on said policies.
D.
The company shall notify the municipality at least 30 days'
prior to its intention to cancel any policy. The company further shall
certify to the municipality the fact of renewal of every such insurance
policy at least 15 days' prior to the expiration date.
All of the commitments and statements contained in the application
and any amendment thereto submitted in writing to the municipality
by the company 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
as Exhibit A. [Note: Exhibit A is on file in the Township offices.]
The conditions and terms set forth in this ordinance shall be
binding upon the company for the duration of the consent granted herein
and any certificate of approval issued by the Office based upon the
consent granted herein. All representations made by the company in
its application and all conditions set forth in this ordinance are
being upon the company even if another provider of cable television
service or cable-television-related services commences the provision
of service within the municipality.
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 such holding shall not affect the validity of the remaining
portions hereof. Should any state or federal agency or body modify,
change or alter any of its provisions with respect to cable television
generally, such modifications, changes or alterations shall be incorporated
into this consent consistent with the applicable dates specified in
the change.
Subject to the requirements of the Federal Act, agreement by
Comcast of Central New Jersey II, LLC and approval by the Board, the
municipality reserves the power to amend any portion of this ordinance
after public hearing for the purpose of requiring reasonable additions
or greater standards of construction, operation maintenance or otherwise
on the part of Comcast of central New Jersey II, LLC, provided said
amendments are feasible and within the economic capabilities of Comcast
of Central New Jersey II, LLC.
This ordinance shall take effect immediately upon issuance of
a Renewal Certificate of Approval from the BPU.
