[HISTORY: Adopted by the Common Council of the City of Corbin 10-9-1995 by Ord. No. 3-95.[1] Amendments noted where applicable.]
[1]
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.
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.
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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.
