[HISTORY: Adopted by the Mayor and Borough Council of the
Borough of Seaside Park 12-27-2012 by Ord. No. 1614.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. A470,
Cable Television Franchise, adopted 12-2-1999 by Ord. No. 1253 (Ch.
A83 of the 1970 Borough Code).
For the purpose of this chapter, the terms defined above[1] shall have the meanings there indicated, and the following
additional terms shall have the following meanings:
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.
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.
The Board of Public Utilities of the State of New Jersey
or its successor agency.
The governing body of the Borough of Seaside Park in the
County of Ocean, and the State of New Jersey.
Cablevision of Monmouth, LLC ("Cablevision"), the grantee
of rights under this chapter.
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., and the "Telecommunications Act of 1996,"
or as those statutes may be amended.
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.
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.
The State of New Jersey.
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.
[1]
Editor's Note: See the introductory clauses of Ord. No.
1614, on file in the Borough offices.
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 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 such facilities. 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.
Commercial entities will be proffered service in accordance
with the company's line extension policy as identified in the
application.
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, upon written request, provide, free of charge,
one standard installation and monthly cable television reception service
to all state or locally accredited public schools and all municipal
public libraries, as well as municipal buildings located within the
Borough and used for governmental purposes.
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.
C.
Upon written request from the Borough, the company shall provide
to one municipally owned facility, without charge, the following:
one standard installation; 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 cable 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.
All complaints shall be reviewed.
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.
Cablevision shall obtain and maintain, at its sole cost and
expense, during the entire term of this agreement, a bond to the municipality
in the amount of $25,000. Such bond shall be to insure the faithful
performance of its obligations as provided in this franchise.
A.
The rates of the company for cable television service shall be subject
to regulation to the extent permitted by federal and state law.
B.
Cablevision shall implement a senior citizen discount in the amount
of 10% off the monthly broadcast basic level of cable television service
rate to any person 62 years of age or older, who subscribes to cable
television services provided by the company, subject to the following:
(1)
Such discount shall only be available to eligible senior citizens
who do not share the subscription with more than one person in the
same household who is less than 62 years of age; and
(2)
In accordance with N.J.S.A. 48:5A-11.2, subscribers seeking
eligibility for the discount must meet the income and residence requirements
of the Pharmaceutical Assistance to the Aged and Disabled program
pursuant to N.J.S.A. 30:4D-21; and
(3)
The senior discount herein relates only to the broadcast basic
level of cable television service, and shall not apply to any additional
service, feature, or equipment offered by the company, including any
premium channel services and pay-per-view services; and
(4)
Senior citizens who subscribe to a level of cable television
service beyond expanded basic service, including any premium or per-channel
a la carte service, shall not be eligible for the discount.
C.
The company shall have no further obligation to provide the senior
discount herein in the event that the company converts the municipal
consent granted herein to a system-wide franchise in accordance with
N.J.S.A. 48:5A-25.1; or upon Board approval of a certification that
another cable television service provider offering services to residents
of the Township files, in accordance with N.J.S.A. 48:5A-30(d), is
capable of serving 60% or more of the households within the Township.
In the event the company does cease providing a senior discount pursuant
to this provision, it shall comply with all notice requirements of
applicable 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 the service of another multichannel video program
provider not subject to the Borough's regulatory authority within
the Borough creates a significant competitive disadvantage to Cablevision,
the company shall have the right to request from the Borough 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 Borough 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 Borough 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 Borough shall be under no obligation to support
Cablevision's request for such relief from the Board.
C.
In any subsequent municipal consent, the 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 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 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 cable 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 available to the
residents of the Borough 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 construct and maintain a fiber access return line
at the Borough Building, 1701 North Ocean Avenue, for use by the Borough
in the production of noncommercial educational and governmental access
programming on the cable system. Cablevision shall have discretion
to determine the format and method of transmission of the PEG access
programming provided for in this section.
E.
One-time PEG grant.
(1)
Cablevision shall provide the Borough with a one-time PEG grant
of up to $8,500, payable as follows:
(2)
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.
F.
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 Subsection E.
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 Borough 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 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 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 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.
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Notices to the company shall be mailed to:
Cablevision Systems Corporation
1111 Stewart Avenue
Bethpage, NY 11714
Attention: Vice President for Government/Public Affairs, New
Jersey
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With a copy to:
Cablevision of Monmouth
1111 Stewart Avenue
Bethpage, NY 11714
Attention: Legal Department
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Notices to the Borough shall be mailed to:
Borough of Seaside Park
1701 North Ocean Avenue
Seaside Park, NJ 08752
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.
