[HISTORY: Adopted by the Mayor and Council of the Borough of Somerdale 12-14-1988 by Ord. No. 88:10. Amendments noted where applicable.]
The Borough of Somerdale hereby grants to Choice Cable Corp. 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 Borough of Somerdale poles, wires, cables, underground conduits, manholes and other television conductors and fixtures necessary for the maintenance and operation in the Borough of Somerdale of a cable television system and cable communications system. Construction pursuant to said consent is conditioned upon prior approval of the Board of Public Utilities.
For the purpose of this ordinance, the following terms, phrases, words and their derivations shall have the meanings given herein. Such meaning or definition of terms is supplemental to those definitions of the Federal Communications Commission, FCC Rules and Regulations § 76.1 at seq., 47 CFR 517 et seq. (1983), 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.
- ACT or CABLE TELEVISION ACT
- Chapter 186 of the General Laws of New Jersey 1972, U.S.A. 48:5A-1 et seq.
- The grantee of rights under this ordinance and is known as "Choice Cable Corp."
- The Borough of Somerdale, County of Camden, State of New Jersey.
A public hearing concerning the consent herein granted to the company was held on October 12, 1988, after proper public notice pursuant to the terms and conditions of the act. Said hearing having been held as above stated and said hearing having been fully open to the public and the Borough of Somerdale having received at said hearing all comments regarding the qualifications of the company to receive this 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 consent herein granted shall expire 10 years from the date a certificate of approval is issued by the Board of Public Utilities.
If the Company seeks a successive consent, it shall, prior to the expiration of this consent, apply for a municipal consent and certificate of approval in accordance with the Cable Television Act, N.J.S.A. 48:5A-11 and 5A-1 6 and applicable state and federal rules and regulations. The company shall also petition the Board for a certificate of approval authorizing continued operation during the period following expiration of the consent granted herein and until such a time that a decision is made by the municipal governing body relative to the renewal of said consent.
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.
The company shall complete significant construction within one year of the date upon which it receives a certificate of approval from the Board. The company shall be required to complete all construction within the service area described herein within one year thereafter. The timetable as presented in the application incorporated herein has been determined to be reasonable by the Borough of Somerdale.
The company shall be required to proffer service to any person's business or residence located in the franchise territory described herein in accordance with the proposal for the provision of services as described in the application.
The consent granted herein to the company shall apply to the entirety of the municipality and any property hereafter annexed thereto.
Restorations. In the event that the company or its agents shall disturb any pavement, street surfaces, sidewalks, driveways 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.
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, relay and relocate its equipment at the expense of the company.
The company shall temporarily move or remove appropriate parts of its facility to allow moving of buildings or machinery or in other similar circumstances. The expense shall be borne by the party requesting such action except when requested by the municipality, when the company shall bear the cost.
Removal or trimming of trees. During the exercise of its rights and privileges under this franchise, the company shall have the authority to trim trees upon or overhanging any streets, alleys, sidewalks and 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 for the company's facilities.
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. Such local business office shall be open during normal business hours, and in no event less than 9:00 a.m. to 5:00 p.m., Monday through Friday.
The Office of Cable Television is hereby designated as the complaint officer for the Borough of Somerdale pursuant to N.J.S.A. 48:5A-26b. All complaints shall be received and processed in accordance with N.J.A.C. 14:17-7.1.
During the life of the franchise, the company shall give a bond to the Borough of Somerdale, 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.
The municipality, having determined that the rates proposed in the application for cable television reception service are reasonable, approves them as presented, subject to review by the Board.
The company shall not alter its basic service without first notifying the municipality and receiving approval of the Office of Cable Television.
The basic service includes those channels which the company is required to carry by FCC rules and any channel which the company has previously agreed to carry without a separate or additional charge.
The cable operator shall provide access time to noncommercial public, governmental and educational entities to the extent that such access was promised to the municipality during the application and franchising process.
The company shall provide the installation of one outlet and basic monthly service to each school and library in the municipality free of charge. Each additional outlet installation shall be paid for by the institution on a cost-plus-labor basis. Monthly service on such additional outlets shall be charged at the regular tariffed rates for additional outlets.
In the event that the municipality determines that it is necessary and feasible for it to contract with the company for the purpose of providing additional equipment or specific services to the municipal government or its agencies, the company shall be required to apply to the Board and, if necessary, the FCC for approval to enter into and establish the terms and conditions of such a contract. All costs related to such application to the Board and the FCC shall be allocated and paid in a manner agreeable to the company and the municipality, subject to approval of the Board.
The company shall be required to have the capability at the head end to override the audio portion of the system in order to permit the broadcasting of emergency messages by the municipality. The municipality shall provide such facilities, or, if such facilities are provided by the company, it shall be the responsibility of the municipality to pay for their use. 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 municipality shall also establish reasonable procedures for such uses.
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 Borough of Somerdale as an insured and insuring against loss by any such claim, suit, judgment, execution or demand in the minimum amount of $1,000,000 for bodily injury or death to one person and for property damage resulting from any one accident.
The terms of the company's application for municipal consent are incorporated into this ordinance granting that consent pursuant to N.J.S.A. 48:5A-24. It is noted that any portion of the application which is in conflict with the provisions of the Cable Television Act, N.J.S.A. 48:5A-1 et seq., and/or FCC Rules and Regulations § 76.1 et seq., as amended, is not to be construed as effective under the terms of this consent. Additionally, it is noted that, to the extent that the application exceeds the FCC rules, it is considered unenforceable, pursuant to Arlington Telecommunications Corp. d/b/a/ "ARTEC," FCC 75-670, 53 FCC 2d 757 (1975): Report and Order in D.N. 20272, FCC 75-897, 54 FCC 2d 855 (1975).
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.
All ordinances and provisions which are inconsistent with this ordinance shall be and are hereby repealed to the extent of such inconsistency.
This ordinance shall take effect immediately upon passage and publication in accordance with the laws of the State of New Jersey.