[HISTORY: Adopted by the Common Council of the City of Corbin 10-9-1995 by Ord. No. 3-95. Amendments noted where applicable.]
Editor's Note: This ordinance supersedes former Ch. A109, Television Franchise, adopted 2-18-1980 as Ord. No. 1-80.
The municipality hereby grants to the company 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 municipality poles, wires, cables and fixtures necessary for the maintenance and operation in the municipality 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 ("Board").
For the purposes 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 given by 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 federal or state definitions.
- ACT or CABLE TELEVISION ACT
- Chapter 186 of the General Laws of New Jersey 1972, and subsequent amendments thereof, N.J.S.A. 48:5A-1 et seq.
- The grantee of rights under this ordinance and known as "Sammons Communications of New Jersey, Inc."
- The municipality of the City of Corbin City, County of Atlantic, State of New Jersey.
A public hearing concerning the consent herein granted to the company was held after proper 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 the company to receive this consent, the municipality hereby finds the company possesses the necessary legal, technical, character, financial and other qualifications and that the company's operating an construction arrangements are adequate and feasible.
The consent herein granted shall expire on December 18, 2001.
[Amended 8-11-1997 by Ord. No. 6-97]
The consent granted herein is subject to an automatic renewal term of 10 years in accordance with procedures set forth in N.J.S.A. 48:5A-19 and 48:5A-25 and N.J.A.C. 14:18-13.6 et seq., provided that the company has complied with the provisions of the construction timetable set forth in § A109-7.
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 or any amount permitted by the Cable Television Act or otherwise allowable by law.
The municipality requires completion of the proposed construction by December 18, 2001. More specifically, the construction timetable shall be as follows: Two miles of construction of new cable plant within one year of the issuance of the certificate of approval by the New Jersey Board of Public Utilities, and one mile of construction of new cable plant during each of five years thereafter, for a total of seven miles of new cable plant along the public rights-of-way within the City of Corbin City intended to provide complete coverage to all citizens of the municipality as delineated upon a map provided by the company with a letter dated July 27, 1995, showing a specific street buildout schedule.
The consent granted herein to the company shall apply to the entirety of the municipality and any property hereinafter annexed.
[Amended 8-11-1997 by Ord. No. 6-97]
The company shall be required to proffer service along any public right-of-way to any person's residence or business located in those areas of the franchise territory as delineated by existing cable plant and by additional, new cable plant to be constructed as above set forth. Any additional extension of the system will be made in accordance with the company's approved line extension policy.
Restoration. In the event that the company or its agents shall disturb any pavement, street surface, sidewalks, driveways or other surfaces in the natural topography, the company shall at its own expense restore and replace such places or things so disturbed in as good condition as existed prior to the commencement of said work.
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 and relocate its equipment at the expense of the company.
The company shall temporarily move or remove appropriate parts of its facilities to allow for the moving of buildings and machinery or in other similar circumstances. The expense shall be borne by the party requesting such action, except when requested by the municipality, in which case 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 and overhanging streets, alleys, sidewalks and public places of the municipality 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 rates of the company shall be subject to regulation as permitted by federal and state law.
The company shall provide access time to noncommercial public, governmental and educational entities for the use of a dedicated government access channel to be shared with Dennis Township, Upper Township and Woodbine to the extent that such access was promised to the municipality, including twenty-four hour remote access to a remote keyboard to a character generator (message board) to display public service messages on a message board which can be changed and updated as needed.
The company shall provide the installation of one outlet and basic ("Lifeline") monthly service to the municipal office buildings and to all certified public and nonpublic schools within Corbin City free of charge. Each additional outlet installed, if any, shall be paid for by the institution requesting the same on materials plus labor basis. Monthly service charges shall be charged at the regular tariffed rates for additional outlets.
The company will offer a discount for a qualifying senior citizens in accordance with N.J.A.C. 14:18-3.20. The discount offered will be a reduction of $0.50 in the cost off the retail of the company's lowest offering, presently called "Lifeline" service, and a reduction of $3.50 off the next level of service, currently called "Tier". These amounts may be adjusted should the company adjust its packaging. In addition, the company will make available at its local offices application forms for senior citizens. When requested, the company will mail senior application forms to subscribers requesting the same. In accordance with N.J.A.C. 14:18-3.18, the company will notify subscribers within the municipality of the availability for the subject senior citizen's discount. Such subscribers must meet the income and residence requirements of the Pharmaceutical Assistance to Aged and Disabled (PAAD) pursuant to N.J.S.A. 30:4D-21. The company has agreed to apply the same discount rate to the disabled with the same PAAD eligibility requirements.
The company agrees to maintain and keep in full force and effect at its sole expense at all times during the terms of this consent sufficient liability insurance naming the municipality as an insured and insuring against loss by any such claim, suit, judgment, execution or demand in the minimum amounts of $1,000,000. For bodily injury or death to one person and $1,000,000 for property damage resulting from any one accident.
The company 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 municipality. 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 establish reasonable procedures for such emergency uses.
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 consent. The application and any other relevant writings 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.
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 thereof.
This ordinance shall take effect upon final passage and publication according to law.