[HISTORY: Adopted by the Town Board of the Town of Mount
Olive as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-22-2008 by Ord. No. 3-2008 (Ch. A332, Art. II,
of the 1990 Code)]
For the purpose of this ordinance, the terms defined above 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 Township Clerk's office 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
or its successor agency.
The governing body of the Township of Mount Olive in the
County of Morris and the State of New Jersey.
CSC TKR, Inc. d/b/a Cablevision of Morris ("Cablevision"),
the grantee of rights under this ordinance.
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.
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 Township 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 Township 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 Township of a cable television system,
and for the provision of any communications 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 a renewal of the consent provided herein,
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. The Company
shall also petition the Board for 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 Township and
the Board relative to the renewal of said consent.
The consent granted under this ordinance to Cablevision shall
apply to the entirety of the Township 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 located
in the franchise territory at tariffed rates for standard and nonstandard
installation.
Cablevision shall extend service along any public right-of-way
outside its primary service area to those residences within the franchise
territory which are located in areas that have a residential density
of 25 homes per mile or greater, or areas with less than 25 homes
per mile where residents agree to share the costs of such extension
in accordance with the line extension formula as provided by the company
in its application for municipal consent.
Cablevision shall pay to the Township an annual franchise fee,
in accordance with N.J.S.A. 48:5A-30.
A.
Cablevision shall, upon request, provide free of charge one standard
installation and monthly cable television reception service to all
state or locally accredited public elementary and secondary schools
and all municipal public libraries, as well as municipal buildings
located within the Township.
B.
Upon written request from the Township, the Company shall provide
to state and locally accredited elementary and secondary schools and
municipal public libraries in the Township, without charge, the following:
1) one standard installation per school or library; 2) one cable modem
per installation; and 3) basic cable modem service for the term of
this ordinance 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 Township, the Company shall provide
to the Township, without charge at one designated location, the following:
1) one standard installation; 2) one cable modem; and 3) basic cable
modem service for the term of this ordinance. 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 Township.
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, as determined by the Township's Engineer under the Township's
generally applicable laws, rules and regulations.
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 Township, 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 Township, 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 Township 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 Township pursuant to the provisions of N.J.S.A. 48:5A-26.
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 Township as an additional insured and
insuring against loss by any such claim, suit, judgment, execution
or demand in the minimum amounts of $500,000 or 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 ordinance, a bond in form
acceptable 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.
The rates of the Company for cable television services shall
be subject to regulation to the extent 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 Township pursuant to state and federal
requirements. The Company shall in no way be held liable for any injury
suffered by the Township 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 Township 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 Township's regulatory authority within
the Township creates a significant competitive disadvantage to Cablevision,
the Company shall have the right to request from the Township lawful
amendments to its franchise that relieve it of the 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 Township 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 Township 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, the Township shall be under no obligation to support Cablevision's
request for such relief from the Board.
C.
In any subsequent municipal consent, the Township shall require,
at a minimum, the same terms and conditions of any other provider
of multichannel video programming subject to the Township'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, Township 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 ordinance,
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 as described in the application
for municipal consent.
B.
The Township 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 Township 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 Township's provision of PEG access programming
on such channel.
C.
Upon written request by the Township, Cablevision shall install a
fiber access return feed at the municipal building, provided it is
a standard installation. Upon completion of this installation, Cablevision
shall provide the Township, in lieu of the regional public access
channel described in the application, with its own designated PEG
channel available for the exclusive use of the Township.
D.
In consideration for the rights granted in this ordinance, the Company
shall provide the Township with a technology grant in the amount of
$25,000. Cablevision shall provide an initial grant payment of $7,000
within the first year of the new franchise agreement. The remaining
grant of $18,000 shall be provided in annual installments of $2,000,
upon written request by the Township (the "Annual Grant"). The Annual
Grant may be used by the Township for any cable and/or other telecommunications-related
purpose as the Township, in its discretion, may deem appropriate.
Cablevision shall not be obligated to make any additional payments
beyond year 10 of the franchise. The Annual Grant shall be payable
to the Township within 60 days from receipt of the Township's
written request. Notwithstanding the foregoing, should Cablevision
apply for a system-wide certification or otherwise convert its municipal
consent to a system-wide certification in accordance with applicable
law, it shall be relieved of any payments due and owing after the
date of such conversion or award of a system-wide franchise. All PEG
access support provided by Cablevision shall be for the exclusive
use of the company's customers in the municipality.
All of the commitments contained in the application and any
amendment thereto submitted in writing to the Township 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 ordinance by reference and made a
part hereof, except as specifically modified, changed, limited, or
altered by this ordinance, 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.
If any section, subsection, sentence, clause, phrase, or portion
of this ordinance 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.
This ordinance shall take effect upon issuance of a certificate
of approval as issued by the Board of Public Utilities.
[Adopted 3-29-2011 by Ord. No. 7-2011 (Ch. A332 Art. I, of
the 1990 Code)]
The municipality hereby grants to Comcast 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 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 ordinance, 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, 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:
Chapter 186 of the General Laws of New Jersey, and subsequent amendments thereto, N.J.S.A. 48:5A-1, et seq.
The company's application for renewal of municipal consent.
Any service tier, which includes the retransmission of local
television broadcast signals as defined by the FCC.
The Board of Public Utilities, State of New Jersey.
The grantee of rights under this ordinance and is known as
"Comcast of Northwest New Jersey, LLC."
The Federal Communications Commission.
The Office of Cable Television of the Board.
Consists of the area of the municipality currently served
with existing plant as set forth in the map annexed to the company's
application for municipal consent.
The Township of Mount Olive, County of Morris, State of New
Jersey.
Public hearings conducted by the municipality, concerning the
renewal of municipal consent herein granted to the company were held
after proper public notice pursuant to the terms and conditions of
the Act and the regulations of the Board adopted pursuant thereto.
Said hearings, having been fully open to the public, and the municipality,
having received at said public hearings 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.
A.
The nonexclusive municipal consent granted herein shall expire 15
years from the date of expiration of the previous certificate of approval
issued by the Board.
B.
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 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 required by the Act or otherwise allowable by law, whichever
is greater.
A.
The consent granted under this ordinance to the renewal of the franchise
shall apply to the area of the Township previously approved for consent
and currently served by Comcast. The area encompasses Blocks 8600
(Sheet 86), 8602 (Sheet 86), and 8700 (Sheet 87) as shown on the Tax
Map of the Township, dated May 1990, updated February 2001, and those
portions of the Township bounded by the following: north from a point
where Smithtown Road and the South Raritan River intersect to Stephens
Park Road; northwest on Stephens Park Road to the Musconetcong River
bearing south along the river; east on Old Drakestown Road to Mine
Hill Road; south on Bartley-Drakestown Road to the intersection of
River Road; north on River Road to Stephens Mill Road; northeast on
Stephens Mill Road to the intersection of Flanders-Drakestown Road,
Flanders-Drakestown Road west to the intersection of the Raritan River,
north on the westerly bank of the river to Smithtown Road.
B.
The service area is further constituted in the system map filed with
the renewal application and is the entirety of the area served by
Comcast in the municipality.
A.
The company shall be required to proffer service to any residence
or business along any public right-of-way located in all areas of
the franchise territory as described herein at tariffed rates for
standard and nonstandard installations. Any extension of the cable
television system beyond the current franchise territory will be made
in accordance with the Office of Cable Television's ("OCTV")
line extension policy (LEP).
B.
Comcast will comply with all lawful rules and regulations governing
the operation of its cable television system and cable communications
system within the Township of Mount Olive. If any referenced regulations
are deemed unlawful by a court of competent jurisdiction or superseded
by a duly enacted state or federal statute or regulation, Comcast
will not be bound by such regulation, nor will the company be bound
by any provision of the municipal consent ordinance or renewal certificate
of approval with regard to same. Comcast reserves the right to seek
administrative or judicial review of the validity of any statute,
regulation or ordinance.
A.
Restoration. In the event that the company or its agents shall disturb
any pavement, street surfaces, sidewalks, driveways, or other surface
in the natural 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.
B.
Relocation. 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 or relocate its equipment, at the
expense of the company.
C.
Temporary removal of cables. The company shall, upon request of the
municipality at the company's expense, temporarily raise, lower,
or remove its lines in order to facilitate the moving of buildings
or machinery or in other like circumstances. Whenever the request
is made by, for or on behalf of private parties, the cost will be
borne by those same parties.
D.
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 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 cable 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 Municipality 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.
E.
The company is permitted, but is not required to, charge a late fee
consistent with applicable state and federal statutes and regulations.
The Office of Cable Television is hereby designated 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 emergency
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 regulation as permitted
by federal and state law.
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 programming 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 continue to provide a dedicated local access channel
maintained by the company for the purpose of cablecasting noncommercial
access programming in conformance with the company's guidelines
and applicable state and federal statutes and regulations.
D.
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.
Company representatives shall appear at least once annually, upon
reasonable written request of the Township, at a public hearing of
the governing body or before the Township's Cable Television
Advisory Committee, to discuss matters pertaining to the provision
of cable services to residents of the Township and other related issues
as the Township and Comcast may deem appropriate.
B.
The company shall provide one free standard cable installation and free basic service and required digital equipment to each elementary, middle, and secondary school classroom located in the service area; and one standard installation and free basic service to the municipal building and each fire department, first aid squad, library and public works building that is located in or may be constructed within the consent area as specified in § A480-32 and the system map filed with the renewal application. All schools and other facilities must be located within 175 feet of active cable distribution plant. Each additional outlet installed, if any, shall be paid for on a materials-plus-labor-and-equipment basis by the requesting entity. Monthly service charges shall be waived on all additional outlets.
A.
The company will comply with the Emergency Alert System ("EAS") rules
in accordance with applicable state and federal statutes and regulations.
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 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 statements and commitments contained in the application
or annexed thereto and incorporated therein, and any amendment thereto,
except as modified herein, are binding upon the company as terms and
conditions of this consent. The application and other relevant writings
submitted by the company shall be annexed hereto and made a part hereof
by reference, provided same do not conflict with applicable state
or federal law.
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 ordinance subject to the provisions of N.J.A.C. 14:17-6.7.
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 its validity or unconstitutionality shall not affect
the validity of the remaining portions of the ordinance.
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 ordinance shall take effect immediately upon issuance of
a renewal certificate of approval from the BPU.
