[HISTORY: Adopted by the Township Council of the Township
of West Milford as indicated in article histories. Amendments noted
where applicable.]
[Adopted 11-10-2010 by Ord. No. 2010-014[1]]
[1]
Editor's Note: This ordinance superseded former Ch. A520,
Cable Television Franchise, adopted 2-1-1995 by Ord. No. 1995-3.
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. 48:5A1 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.
Cablevision of Warwick, LLC ("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. 14:171.1 et seq.
and N.J.A.C. 14:181 et seq., or as such regulations may be amended.
The governing body of the Township of West Milford in the
County of Passaic and the State of New Jersey.
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
or other communications facility, and for the provision of any communication
service over such facilities 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 15 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 48:5A16, and applicable
state and federal rules and regulations. In accordance with N.J.S.A.
48:5A25.1, both the Township 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 systemwide
franchise.
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 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.
Cablevision shall extend service along any public right-of-way
outside its 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.
Pursuant to the terms and conditions of the Cable Television
Act, Cablevision shall pay to the Township, 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 Township. In the
event applicable law hereinafter permits a larger franchise fee to
be collected, but does not fix the amount thereof, the Township and
Cablevision shall negotiate in good faith with respect to the amount
thereof; provided, however, that nothing herein shall be construed
to permit the Township 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
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 a municipally owned facility, 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 cable 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.
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 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 will
maintain an umbrella liability insurance policy in limits of at least
$5,000,000 per occurrence.
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.
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 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 Town'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 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 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 Township 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 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.
Cablevision shall have discretion to determine the format and method of transmission of the PEG access programming provided for in this § A520-21.
D.
Cablevision shall provide the Township with a onetime technology
grant of $90,000. Cablevision shall provide an initial grant payment
of $22,800 within 90 days of the issuance of the certificate of approval
by the Board of Public Utilities. The remaining grant of $67,200 shall
be provided in annual installments of $4,800, within 90 days of receipt
of the written request by the Township (the "annual grant"). The Township
may utilize the grant for any cable and/or other telecommunications
purposes, provided a) such uses are lawful and consistent with the
terms of this ordinance and b) if used to purchase communications
services, the Township shall seek to purchase such services from the
company or its affiliates, if offered. Cablevision shall not be obligated
to make any additional payments beyond year 15 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 systemwide certification
or otherwise convert its municipal consent to a systemwide certification
in accordance with N.J.S.A. 48:5A-25.1, it shall be relieved of any
payments due and owing after the date of such conversion or award
of a systemwide franchise.
E.
Upon written request from the Township, Cablevision will install
a fiber access return feed to a municipally designated building, provided
it is a standard installation, to allow for the origination of PEG
access programming from the Township.
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; as such laws, rules
and regulations may be amended from time to time.
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.
Notices required under this ordinance shall 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 ordinance
shall run from receipt of such written notice.
A.
Notices to the company shall be mailed to Cablevision, 40 Potash
Road, Oakland, NJ 07436, Attention: Gary Shaw, Director of Government
Affairs, with a copy to Cablevision of Warwick, 1111 Stewart Avenue,
Bethpage, NY 11714, Attention: Legal Department.
B.
Notices to the Township shall be mailed to Township of West Milford,
1480 Union Valley Road, West Milford, New Jersey 07480, Attention:
Township Clerk.
This ordinance 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 ordinance. Nothing herein shall alter the
right of the company to seek modification of this ordinance in accordance
with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7.
[Adopted 10-21-2015 by Ord. No. 2015-014]
This policy is adopted to afford fair and equal opportunities
for the dissemination of municipal information and events through
the Township of West Milford's (hereinafter referred to as the
"Township") public, educational and governmental access cable channel,
West Milford TV 77 (hereinafter referred to as "WM77"). The Township
will assist and facilitate programming for WM77. WM77 will broadcast
noncommercial programming designed to celebrate the diversity of its
residents and to educate them on topics of local interest. The purpose
of WM77 is to help the Township's residents identify and bond
with the community, its governing institutions, and each other.
In order to fulfill this mission, the following goals are established
for WM77:
A.
Develop educational, nonprofit, and governmental noncommercial programming
to address the needs, concerns, and interests of Township residents;
B.
Broadcast high-quality noncommercial programs which conform to Township
and community standards;
C.
Promote a cooperative effort between the Township, the Township's
public schools, community, area businesses, and institutions; along
with resources on projects that serve the needs, concerns, and interests
of residents and the general public;
D.
Encourage Township public school students and residents and the general
public to be involved in the production and broadcasting of innovative,
community-driven, noncommercial programming;
E.
Provide, maintain, and update a bulletin board, which displays notices
from government agencies and nonprofit organizations in the Township
that are of interest and service to Township residents; and
F.
WMTV will broadcast numerous Township, governmental, public school,
area educational, and nonprofit activities and events, in order to
ensure that residents with disabilities or those who have difficulty
leaving their homes remain an integral part of the community.
There shall be a West Milford PEG Television Commission (hereinafter
referred to as the "Commission") hereby established and appointed
by the Township Council.
A.
The Commission shall be comprised of nine members as follows:
(1)
Two members of the Council of the Township of West Milford,
one of whom shall act as a liaison to the Commission and to the Township
Council. The Council members shall each serve a term of one year.
B.
After the initial terms, each member appointed will serve a three-year
term.
The members of the Commission shall annually choose a Chairperson
and such other officers as it may deem necessary from among its members.
All members shall have equal voting privileges.
A.
A majority of the members of the Commission shall constitute a quorum
for the conduct of business.
B.
The Commission shall annually establish a meeting schedule, and written
notice of the time, date and place of all meetings shall be advertised
and made publicly available sufficiently in advance thereof. The schedule
and notices shall be provided to the office of the Township Clerk.
C.
The Commission shall be considered a "public body" for the purpose
of complying with the provisions of the Open Public Meetings Act,
N.J.S.A. 10:4-6 et seq. The meetings shall be held at the Township
Municipal Building and shall be open to the public unless closed to
the public by the Commission pursuant to an exception under the Open
Public Meetings Act.
D.
Minutes of each meeting shall be produced and approved by the Commission
at a subsequent meeting. At the conclusion of each meeting, the Chairman
(or Secretary if one is appointed) shall in a timely manner forward
to the Township Clerk a copy of the approved minutes.
The Commission shall have the following powers and duties:
A.
The Township Council shall adopt policies and procedures for WM77
(hereinafter referred to as "Polices and Procedures"), and the Commission
shall promulgate such Policies and Procedures and comply with same
for the fair operation and administration of WM77.
B.
Maintain and regularly update an inventory of the television equipment
owned by the Township and file a copy with the Township Administrator.
C.
Submit a proposed budget to the Township Administrator on or before
November 1 for the following fiscal year.
D.
The Commission shall not expend any funds without the approval of
the Township Administrator, and all expenditures shall be effectuated
through the purchasing policies and procedures of the Township Administration.
E.
Submit to the Township Clerk a written report of the programs and
activities of WM77 and the Commission undertaken during the prior
year. This said written report shall be submitted on or before January
31 of the following year.
F.
Seek grants to support WM77 and, through the Township Administrator,
seek Township Council authorization to submit such grant applications.
G.
Assign tasks to the Commission members for the operation of WM77.
A.
Final decisions concerning the editing and broadcasting of a program
rest with the Commission for all programs and all sources, subject
to program content guidelines.
B.
WM77 is not obligated to broadcast material submitted by any source
or to broadcast production or bulletin board submissions in their
entirety.
C.
The Commission will not conduct the actual editing of programming
but shall provide guidance and direction to submittals.
A.
The Commission has the right to reject any program or announcement
submission deemed in violation of the Policies and Procedures or which
is, for any reason, deemed unsuitable or not in conformance with the
mission of WM77. The Commission will not knowingly permit the broadcasting
of a bulletin board announcement or a portion of a program containing
material which violates the law or the Program Content Guidelines
set forth in the Policies and Procedures.
B.
The Township Administrator shall have authority to instruct the Commission
and/or its members to remove any program, bulletin or anything aired
on WMTV at his sole discretion, and the Commission shall comply with
such instruction.
A.
Air time is available solely for the purpose of educational, governmental,
and community, noncommercial programming that is in conformance with
the procedures set forth in this policy and the mission of the WM77.
B.
Educational programming is programming from any governmental, educational,
or nonprofit source designed to inform or instruct viewers about matters
that fall within the purview of the WM77 mission and objectives.
C.
Community programming is programming featuring an activity of a unit
of the Township government, the Township's public schools, or
an event sponsored by a Township or area nonprofit organization that
is requested for broadcasting in order to inform, educate, or entertain
Township residents on matters that may be of local interest.
