[HISTORY: Adopted by the Township Committee
of the Township of Lebanon by 9-2-2015 by Ord. No. 2015-05.[1] Amendments noted where applicable.]
[1]
Editor’s Note: This ordinance also superseded former
Ch. A445, Cable Television Franchise, adopted by Ord. No. 16-1990,
as amended.
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 chapter, the following terms, phrases,
words and their derivations shall have the meanings given herein.
Such meanings or definition of terms is supplemental to those definitions
of the Federal Communications Commission (FCC) rules and regulations,
47 CFR 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:
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 chapter 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 Lebanon, County of Hunterdon, State of New
Jersey.
A public hearing conducted by the municipality concerning the
renewal of municipal consent herein granted to the company was held
after proper public notice pursuant to the terms and conditions of
the Act and the regulations of the Board adopted pursuant thereto.
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.
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 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.
The company shall be required to proffer service along the public
right-of-way to any person's residence or business located in
those areas of the primary service area as set forth in the company's
application. The company's line extension policy, as set forth
in company's application shall govern any extension of plant
beyond the primary service area.
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, re-lay or relocate its equipment, at the expense of
the company.
C.
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 and shall be
done in a manner that minimizes damage or disfigurement to street
trees. The company shall provide notice for any planned tree trimming
to the municipality, except in the event of an emergency.
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 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 regulation as permitted
by federal and state law.
A.
The company shall provide basic 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
200 feet of nearest active cable distribution plant. Each additional
outlet installed, if any, shall be paid for on a materials plus labor
basis by the school requesting service. Monthly service charges shall
be waived on all additional outlets.
B.
The company shall provide basic cable television service at no cost
on one outlet to each police, fire, fire and squad emergency management
facility, all municipal facilities and public library in the municipality,
provided the facility is located within 200 feet of nearest 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.
A one-time access related technology grant in the amount of $20,000,
to be paid within 60 days of NJ BPU approval of the franchise renewal.
D.
Upon the request of the municipality, a company representative(s)
shall attend Township Committee regularly scheduled (or special) municipal
meetings to hear and address service and billing complaints from the
Committee and the public.
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 systemwide leased access
channel maintained by the company for the purpose of cablecasting
commercial access programming in conformance with the company's
guideline and applicable state and federal statutes and regulations.
C.
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.
D.
The Communications Act of 1934, as amended [47 U.S.C. § 543(b)(4)],
allows the company to itemize and/or identify the amount on the monthly
bill assessed to satisfy any requirements imposed on the company by
the cable franchise to support public, educational, and governmental
channels, or the use of such channels or any other services required
under the franchise. The company reserves its external cost, pass-through
rights to the extent permitted by law.
A.
The company will comply with the Emergency Alert System (EAS) rules
in accordance with applicable state and federal statues 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 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.
