[HISTORY: Adopted by the Township of Southampton by Ord. No. 2005-5. Amendments
noted where applicable.]
The Township of Southampton ("Municipality") hereby grants to
Comcast of Garden State, LP ("Comcast") renewal of its non-exclusive
municipal consent to place in, upon, across, above, over and under
highways, streets, alleys, sidewalks, easements, public ways and public
places in the municipality, poles, wires, cables, underground conduits,
manholes and other television conductors, fixtures, apparatus and
equipment as may be necessary for the construction, operation and
maintenance in the municipality of a cable television and communications
system.
For the purpose of this chapter, 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 C.F.R. Subsection 76.1 et seq., and the Cable Communications Policy
Act, 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 and State definitions:
APPLICATION
The company's application for renewal of municipal consent.
BASIC CABLE SERVICE
Any service tier, which includes the retransmission of local
television broadcast signals as defined by the FCC.
BOARD or BPU
The Board of Public Utilities, State of New Jersey.
COMPANY
The grantee of rights under this chapter, and is known as
Comcast Garden State LP.
FCC
The Federal Communications Commission.
After public notice, a public hearing was conducted by the municipality
on July 20, 2004, concerning the renewal of municipal consent herein
granted to the company. Said hearing, having been fully open to the
public, and the municipality having received at said public hearing
all comments regarding the qualifications of the company to receive
this renewal of municipal consent, the municipality 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 non-exclusive municipal consent granted herein shall expire
15 years from the date of expiration of the previous Certificate of
Approval issued by the Board (with a ten-year automatic renewal as
provided by N.J.S.A. 48:5A-19 and 25, and N.J.A.C. 14:18-13.6).
In the event that the municipality shall find that the company
has not substantially complied with the material terms and conditions
of this chapter, the municipality shall have the right to petition
the OCTV, 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 for
cable television reception service in the municipality or any higher
amount permitted by the Act or otherwise allowable by law, whichever
is greater.
The consent granted under this chapter to the renewal of the
franchise shall apply to the entirety of the municipality and any
property subsequently annexed hereto.
[Amended by Ord. No. 2005-7]
The company shall be required to proffer service to any residence
or business along any public right-of-way in the Primary Service Area,
as set forth in the company's application. Any extension of plant
beyond the Primary Service Area shall be governed by the company's
Line Extension Policy, as set forth in the company's application.
[Amended by Ord. No. 2005-7]
In the event that the company or its agents shall disturb any
pavement, street surfaces, sidewalks, driveways, or other surface
in the nature topography, the company shall, at its sole expense,
restore and replace such places or things so disturbed in as good
a condition as existed prior to the commencement of said work.
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 municipality,
shall remove, re-lay or relocate its equipment, at the expense of
the company.
During the exercise of its rights and privileges under this
franchise, the company shall have the authority to trim trees upon
and overhanging streets, alleys, sidewalks or other public places
of the municipality so as 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
of the company's wire and cables.
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.
a. The company shall continue to comply fully with all applicable State
and Federal statutes and regulations regarding credit for outages,
the reporting of same to regulatory agencies and notification of same
to customers.
b. 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.
c. The company shall use every reasonable effort to meet or exceed voluntary
standards for telephone accessibility developed by the National Cable
Television Association (NCTA).
d. 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 complaint officer
to take any action that is permitted under law.
The Office of Cable Television is hereby designed as the complaint
officer for the municipality pursuant to N.J.S.A. 48:5A-26(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.
During the term of this franchise, and any renewal thereof,
the company shall maintain a business office or agent in accordance
with N.J.A.C. 14:18-5.1 for the purpose of receiving, investigating
and resolving all local complaints regarding the quality of service,
equipment malfunctions, and similar matters. 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.
During the life of the franchise the company shall give to the
municipality a bond 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.
The rates of the company shall be subject to regulations as
permitted by Federal and State law.
a. The company shall provide Total Preferred cable television service
on one outlet at no cost to each school in the municipality, public
and private, elementary, intermediate and secondary, provided the
school is within 175 feet of active cable distribution plant. Each
additional outlet installed, if any, shall be paid for on a material
plus labor basis by the school requesting service. Monthly service
charges shall be waived on all additional outlets.
b. The company shall provide Total Preferred cable television service
at no cost on one outlet to each police, fire, emergency management
facility and public library in the municipality, provided the facility
is located within 175 feet of active cable distribution plant. Each
additional outlet installed, if any, shall be paid for on a materials
plus labor basis by the municipality. Monthly service charges shall
be waived on all additional outlets.
c. The company shall provide free basic Internet service, via high-speed
cable modem, to one non-networked personal computer in each qualified
existing and future public school in the Township, elementary, intermediate
and secondary, at no charge provided the facility is located within
175 feet of active cable distribution plant. The Internet service
shall be installed on a personal computer that is accessible to the
students and not for administrative use only.
d. The company shall provide free basic Internet access via high-speed
cable modem on one non-networked personal computer in each qualified
existing and future public library at no charge provided the facility
is located within 175 feet of active cable distribution plant. The
Internet service shall be installed on a personal computer that is
accessible to library patrons and not for administrative use only.
e. Within six months of receipt of a Renewal Certificate of Approval,
the company shall provide the Township with a one-time technology
grant in the amount of $25,000 for any other purpose the Township
deems appropriate.
In the event the municipality determines that it is necessary
and feasible for it to contract with the company for the purpose of
providing two-way or interconnection services, the company shall be
required to apply to the BPU for approval to enter into and establish
the terms and conditions of such contract. All costs for such application
to the BPU shall be borne by the municipality.
The company will comply with the Emergency Alert System ("EAS")
rules in accordance with applicable State and Federal statutes and
regulations.
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 shall at all times maintain a comprehensive general
liability insurance policy with a single limit amount of $1,000,000
covering liability for any death, personal injury, property damages
or other liability arising out of its construction and operation of
the cable television system, and an excess liability (or "umbrella")
policy in the amount of $5,000,000.
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 municipal consent. The application
and any other relevant writing submitted by the company shall be annexed
hereto and made a part hereof by reference as long as it does not
conflict with State or Federal law. All ordinances or parts of ordinances
or other agreements between the municipality and the company that
are in conflict with the provisions of this agreement are hereby declared
invalid and superseded.
Should the municipality grant a franchise to construct, operate
and maintain a cable television system to any other person, corporation
or entity on terms materially less burdensome or more favorable than
the terms contained herein, the company may substitute such language
that is more favorable or less burdensome for the comparable provision
of this chapter subject to the provisions of N.J.A.C. 14:17-6.7.
If any section, subsection, sentence, clause, phrase or portion
of this chapter 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 its validity or unconstitutionality shall not affect
the validity of the remaining portions of the chapter.
Nothing in this franchise or in any prior agreement is or was
intended to confer third-party beneficiary status on any member of
the public to enforce the terms of such agreements or franchise.
This chapter shall take effect immediately upon issuance of
a Renewal Certificate of Approval from the BPU.