[HISTORY: Adopted by the Mayor and Council
of the Borough of Wanaque 5-13-2013 by Ord. No. 6-0-13. Amendments noted where applicable.]
For the purpose of this chapter, the terms defined above shall
have the meanings there indicated, and the following additional terms shall have the following
meanings:
ACT or CABLE TELEVISION ACT
That statute of the State of New Jersey relating to cable
television, known as the "Cable Television Act," N.J.S.A. 48:5A-1
et seq.
APPLICATION
Cablevision's application for renewal of municipal consent,
which application is on file in the Borough Clerk's office and
is incorporated herein by reference and made a part hereof, except
as modified, changed, limited or altered by this chapter.
BOARD
The Board of Public Utilities of the State of New Jersey
or its successor agency.
BOROUGH
The governing body of the Borough of Wanaque in the County
of Passaic and the State of New Jersey.
COMPANY
Cablevision of Oakland, LLC ("Cablevision"), the grantee
of rights under this chapter.
FCC
The Federal Communications Commission.
FEDERAL ACT
That federal statute relating to cable communications commonly
known as the "Cable Communications Policy Act of 1984," 47 U.S.C.
§ 521 et seq. and the Telecommunications Act of 1996, or as those statutes may be amended.
FEDERAL REGULATIONS
Those federal regulations relating to cable television services,
47 CFR 76.1 et seq. (and, to the extent applicable, any other federal
rules and regulations relating to cable television, including but
not limited to, those described in 47 CFR 76.3), or as such regulations
may be amended.
STANDARD INSTALLATION
The installation of drop cable to a customer's premises
where the distance from the point of entry into the building being
served is less than 150 feet from the active cable television system
plant.
STATE
The State of New Jersey.
STATE REGULATIONS
Those regulations of the State of New Jersey Board of Public
Utilities relating to cable television, N.J.A.C. 14:17-1.1 et seq.,
and N.J.A.C. 14:18-1 et seq., or as such regulations may be amended.
A public hearing concerning the consent herein granted to Cablevision
was held after proper public notice pursuant to the terms and conditions
of the Act. Said hearing, having been held and fully open to the public,
and the municipality having received all comments regarding the qualifications
of Cablevision to receive this consent, the Borough hereby finds Cablevision
possesses the necessary legal, technical, character, financial and
other qualifications to support municipal consent, and that Cablevision's
operating and construction arrangements are adequate and feasible.
The Borough hereby grants to Cablevision its nonexclusive consent
to place in, upon, along, across, above, over, and under its highways,
streets, alleys, sidewalks, public ways, and public places in the
municipality in poles, wires, cables, and fixtures necessary for the
maintenance and operation in the Borough of a cable television system
or other communications facility, and for the provision of any communication
service over the such system 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 Borough and Cablevision shall be bound by the
terms of this municipal consent until such time as Cablevision converts
the municipal consent (and any certificate of approval) into a system-wide
franchise.
The consent granted under this chapter to Cablevision shall
apply to the entirety of the Borough and any property hereafter annexed.
Cablevision shall be required to proffer video programming service
along any public right-of-way to any person's residence 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.
[Amended 9-9-2013 by Ord. No. 11-0-2013]
Pursuant to the terms and conditions of the Cable Television
Act, Cablevision shall pay to the Borough, 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 Borough. In the
event applicable law hereinafter permits a larger franchise fee to
be collected, but does not fix the amount thereof, the Borough and
Cablevision shall negotiate in good faith with respect to the amount
thereof; provided, however, that nothing herein shall be construed
to permit the Borough to require payment of a franchise fee by Cablevision
that is higher than the fee paid by all other cable television service
providers offering service in the municipality.
A. Cablevision shall provide, free of charge, one standard installation
and monthly cable television reception services to all public libraries,
as well as police and municipal buildings located within the Borough.
B. Upon written request from the Borough, the Company shall provide
to state and locally accredited elementary and secondary schools and
municipal public libraries in the Borough, without charge, the following:
one standard installation per school or library; one cable modem per
installation; and basic cable modem service for the term of this chapter
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 plant and facilities
in the Borough:
A. In the event that the Company or its agents shall disturb any pavement,
street surfaces, sidewalks, driveways or other surfaces, the Company
shall, at its sole expense, restore and replace such disturbances
in as good a condition as existed prior to the commencement of said
work.
B. If at any time during the period of this consent, the municipality
shall alter or change the grade of any street, alley or other way
or place, the Company, upon reasonable notice by the Borough, shall
remove or relocate its equipment at its own expense.
C. Upon request of a person holding a building or moving permit issued
by the Borough, the Company shall temporarily move or remove appropriate
parts of its facilities so as to permit the moving or erection of
buildings or for the performance of other work. The expense of any
such temporary removal or relocation shall be paid in advance to the
Company by the person requesting the same. In such cases, the Company
shall be given not less than 14 days' prior written notice in
order to arrange for the changes required.
D. During the exercise of its rights and privileges under this consent,
the Company shall have the authority to trim trees upon and overhanging
streets, alleys, sidewalks and public places of the Borough so as
to prevent the branches of such trees from coming in contact with
the wires, cables, conduits and fixtures of the Company. Such trimming
shall be only to the extent necessary to maintain proper clearance
for the Company's facilities.
Cablevision shall comply with the technical and customer service
standards established for the cable industry under applicable federal
and state laws, rules and regulations.
Cablevision shall establish and maintain, during the entire
term of this consent, a local area business office or agent for the
purpose of receiving, investigating and resolving complaints regarding
the quality of service, equipment malfunctions and similar matters.
Said office shall be open daily during normal business hours, and
in no event less than 9:00 a.m. to 5:00 p.m., Monday through Friday,
with the exception of holidays.
The Office of Cable Television is hereby designated as the complaint
officer for the Borough pursuant to the provisions of N.J.S.A. 48:5A-26,
and any complaints by local subscribers to cable television reception
or service shall be filed directly with the said office. All complaints
shall be reviewed and processed in accordance with N.J.A.C. 14:17-6.5.
Cablevision agrees to maintain and keep in force and effect,
at its sole cost, at all times during the term of this consent, sufficient
liability insurance naming the Borough as an additional insured and
insuring against loss by any such claim, suit, judgment, execution
or demand in the minimum amounts of $500,000 for bodily injury or
death to one person and $1,000,000 for bodily injury or death resulting
from any one accident or occurrence stemming from or arising out of
the Company's exercise of its rights hereunder.
Upon the effective date of this franchise, Cablevision shall
obtain and maintain, at its sole cost and expense, during the entire
term of this agreement, a bond to the Borough 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 shall be subject to regulation as permitted
by federal and state law.
Cablevision shall be required to have the capability to override
the audio portion of the system in order to permit the broadcasting
of emergency messages by the Borough pursuant to state and federal
requirements. The Company shall in no way be held liable for any injury
suffered by the Borough, or any other person, during an emergency,
if for any reason the municipality is unable to make full use of the
cable television system as contemplated herein. The Borough shall
utilize the state-approved procedures for such emergency uses.
A. In the event that a nonfranchised multichannel video programmer provides
service to residents of the Borough, Cablevision shall have a right
to request franchise amendments to this chapter that relieve Cablevision
of regulatory burdens that create a competitive disadvantage to the
Company. In requesting amendments, Cablevision shall file with the
Board of Public Utilities a petition for approval, in accordance with
N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7, seeking to amend the Ordinance.
Such petition shall indicate the presence of a nonfranchised competitor(s);
identify the basis for Cablevision's belief that certain provisions
of this franchise place it at a competitive disadvantage; and identify
the regulatory burdens to be amended or repealed in order to eliminate
the competitive disadvantage. The Borough shall not unreasonably withhold
or object to granting the Company's petition and so amending
this chapter, subject to a petition to the Board of Public Utilities
as provided for in accordance with N.J.S.A. 48:5A-47 and N.J.A.C.
14:17-6.7.
B. If the parties are unable to reach an agreement on appropriate amendments
to the franchise, the Borough acknowledges that Cablevision 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 Borough shall be under no obligation to support
Cablevision's request for such relief from the Board.
C. In any subsequent municipal consent, Borough shall require, at a
minimum, the same terms and conditions of any other provider of multichannel
video programming subject to the Borough's regulatory authority
as those contained in the instant consent. In the event such subsequent
consent does not contain the same terms and conditions as the instant
consent, the Borough agrees to support Cablevision'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 Cablevision of competitive
disadvantages identified in the Cablevision's petition.
Upon expiration, termination or revocation of this chapter,
Cablevision, at its sole cost and expense and upon direction of the
Board, shall remove the cables and appurtenant devices constructed
or maintained in connection with the services authorized herein, unless
Cablevision, its affiliated entities or assignees should, within six
months after such expiration, termination or revocation obtain certification
from the FCC to operate an open video system or any other federal
or state certification to provide telecommunications.
A. Cablevision shall continue to make available noncommercial public,
educational and governmental (PEG) access services to the Borough
and its residents as described in the application for municipal consent.
All Cablevision support for PEG access shall be for the exclusive
benefit of Cablevision's subscribers.
B. The Borough agrees that Cablevision shall retain the right to use
the PEG access channel, or portion thereof, for non-PEG access programming,
during times when the Borough is not utilizing the channel for purposes
of providing PEG access programming. In the event that the Company
uses said PEG access channel for the presentation of such other programming,
the PEG programming shall remain the priority use, and the Company's
rights with respect to using the channel for non-PEG programming shall
be subordinate to the Borough's provision of PEG access programming
on such channel.
C. Cablevision shall have discretion to determine the format and method
of transmission of the PEG access programming provided for in this
section.
D. Cablevision shall provide the Borough with a PEG grant of up to $15,000
payable as follows: an initial grant payment of $3,750 within 90 days
of the issuance of the certificate of approval by the Board of Public
Utilities (the "Initial Grant"); and a grant of $11,250 provided in
annual installments of $1,250, upon written request by the Borough
(the Annual Grant). The Annual Grant shall be payable to the Borough
within 90 days from receipt of the Borough's written request.
Cablevision shall not be obligated to make any additional payments
beyond year 10 of the franchise term.
E. The Borough agrees that the Initial Grant and the Annual Grant provided pursuant to Subsection
D shall be used for the exclusive support of PEG access programming, such as the purchase and/or rental of PEG access equipment and facilities. On request, the Borough shall provide Cablevision with a certification of compliance with this subsection.
F. The Company shall have no further obligation to provide any PEG grant
payments due and payable after the date upon which the Company converts
the municipal consent granted herein to a system-wide franchise in
accordance with N.J.S.A. 48:5A-25.1.
All of the commitments contained in the application, and any
amendment thereto submitted, in writing, to the Borough by the Company
except as modified herein, are binding upon Cablevision as terms and
conditions of this consent. The application and any other writings
submitted by Cablevision in connection with this consent are incorporated
in this chapter by reference and made a part hereof, except as specifically
modified, changed, limited, or altered by this chapter, or to the
extent that they conflict with state and federal law.
This consent shall be construed in a manner consistent with
all applicable federal, state and local laws.
If any section, subsection, sentence, clause, phrase, or portion
of this chapter is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall
not affect the validity of the remaining portion thereof.
Notices required under this chapter shall be in writing and
shall be mailed, first-class, postage prepaid, to the addresses below.
Either party may change the place where notice is to be given by providing
such change, in writing, at least 30 days prior to the time such change
becomes effective. The time to respond to notices under this chapter
shall run from receipt of such written notice.
Notices to the Company shall be mailed to:
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Cablevision Systems Corporation
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111 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 Oakland, LLC
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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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Notices to the Borough shall be mailed to:
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Borough of Wanaque
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579 Ringwood Avenue
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Wanaque, New Jersey 07465
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Attention: Borough Administrator
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This chapter shall take effect upon issuance of a certificate
of approval as issued by the Board of Public Utilities that incorporates
the material terms of this chapter. Nothing herein shall alter the
right of the Company to seek modification of this chapter in accordance
with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7.