Borough of Bound Brook, NJ
Somerset County
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Table of Contents
Table of Contents
(Prior ordinance history includes portions of 1967 Code §§ 24-1-24-6)
[Ord. No. 09-19]
This chapter shall be known and may be cited as the "Cablevision Municipal Consent Ordinance."
[Ord. No. 09-19]
For the purpose of this chapter the terms defined above shall have the meanings there indicated, and the following additional terms shall have the following meanings:
ACT or CABLE TELEVISION ACT
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.
APPLICATION
Cablevision's application for renewal of municipal consent, which application is on file in the Borough Clerk's office and is incorporated herein by reference and made a part hereof, except as modified, changed, limited or altered by this chapter.
BOARD
The Board of Public Utilities of the State of New Jersey or its successor agency.
BOROUGH
The Governing Body of the Borough of Bound Brook in the County of Somerset, and the State of New Jersey.
COMPANY
CSC TKR, LLC, d/b/a Cablevision of Raritan Valley. ("Cablevision") the grantee of rights under this chapter.
FCC
The Federal Communications Commission.
FEDERAL ACT
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.
FEDERAL REGULATIONS
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.
STANDARD INSTALLATION
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.
STATE
The State of New Jersey.
STATE REGULATIONS
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.
[Ord. No. 09-19]
The Borough 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 Borough poles, wires, cables, and fixtures necessary for the maintenance and operation in the Borough of a cable television system and cable communication system. Operation and construction, pursuant to said consent, is conditioned upon prior approval of the Board of Public Utilities.
[Ord. No. 09-19]
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 Borough having received all comments regarding the qualifications of Cablevision to receive this consent, the Borough 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.
[Ord. No. 09-19]
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.
[Ord. No. 09-19]
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 48:5A-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 Borough and the Board relative to the renewal of said consent.
[Ord. No. 09-19]
The consent granted under this chapter to Cablevision shall apply to the entirety of the Borough and any property hereafter annexed.
[Ord. No. 09-19]
Cablevision shall be required to proffer service along any public right-of-way to any person's residence or business located in the franchise territory and designated as built in the application at tariffed rates for standard or nonstandard installation.
[Ord. No. 09-19]
Cablevision shall pay to the Borough an annual franchise fee calculated in accordance with N.J.S.A. 48:5A-30(d). In the event applicable law hereinafter permits a larger franchise fee to be collected, but does not fix the amount thereof, the Borough and Cablevision shall negotiate in good faith with respect to the amount thereof; provided, however, that nothing shall be construed to permit the Borough to require payment of a franchise fee by Cablevision that is higher than the fee paid by all other cable television providers offering services within the municipality.
[Ord. No. 09-19]
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 Borough public libraries, as well as Borough buildings located within the Borough and used for governmental purposes.
Upon written request from the Borough, Cablevision shall provide without charge basic cable modem service to State and local accredited elementary and secondary schools and Borough public libraries in the Borough as follows: (1) one standard installation per school or library campus; (2) one cable modem per installation; (3) cable modem service the term of this agreement for each installation; (4) subject to the terms, conditions and use policies of the provider of the cable modem service as those policies may exist from time to time.
Upon written request from the Borough, Cablevision shall provide without charge basic cable modem service to one Borough location within the Borough as follows; (1) one cable modem; (2) cable modem service for the term of this agreement; (3) subject to the terms, conditions and use policies of the provider of the cable modem service as those policies may exist from time to time.
[Ord. No. 09-19]
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 Borough:
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 Borough shall alter or change the grade of any street, alley or other way or place, the Company, upon reasonable notice by the Borough shall remove or relocate its equipment, at the Company's own expense.
c. 
Upon request of a person holding a building or moving permit issued by the Borough, 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, except when requested by the Borough, in which case Cablevision shall bear the cost. 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 Borough 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.
[Ord. No. 09-19]
Cablevision shall comply with the technical and customer service standards established for the cable industry under applicable Federal and State laws, rules and regulations.
[Ord. No. 09-19]
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.
[Ord. No. 09-19]
The Office of Cable Television is hereby designated as the complaint officer for the Borough 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.
[Ord. No. 09-19]
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 Borough 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.
[Ord. No. 09-19]
Cablevision shall obtain and maintain, at its sole cost and expense, during the entire term of this Agreement, a bond to the Borough in the amount of $25,000. Such bond shall be to insure the faithful performance of its obligations as provided in this franchise.
[Ord. No. 09-19]
The rates of the Company for cable television services shall be subject to regulation to the extent permitted by Federal and State law.
[Ord. No. 09-19]
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 Borough pursuant to State and Federal requirements. The Company shall in no way be held liable for any injury suffered by the Borough or any other person, during an emergency, if for any reason the Borough is unable to make full use of the cable television system as contemplated herein. The Borough shall utilize the State-approved procedures for such emergency uses.
[Ord. No. 09-19]
In the event that the service of another multi-channel video program provider not subject to the Borough's regulatory authority within the Borough creates a significant competitive disadvantage to Cablevision, the Company shall have the right to request from the Borough 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 Borough 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.
If the parties are unable to reach an agreement on appropriate amendments to the franchise, the Borough 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 Borough shall be under no obligation to support Cablevision's request for such relief from the Board.
In any subsequent municipal consent, Borough shall require, at a minimum, the same terms and conditions of any other provider of multi-channel video programming subject to the Borough'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, Borough 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.
[Ord. No. 09-19]
Upon expiration, termination or revocation of this chapter, 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.
[Ord. No. 09-19]
a. 
Cablevision shall continue to make available noncommercial public, educational and governmental (PEG) access as described in the application for municipal consent.
b. 
The Borough 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 Borough 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 Borough's provision of PEG access programming on such channel.
c. 
Upon written request by the Borough, Cablevision shall install one fiber access return feed at a Borough designated building. Upon completion of the installation, Cablevision shall provide the Borough, in lieu of the regional PEG channel described in the application, with its own designated channel, which the Borough will use exclusively for education and government access.
d. 
In consideration for the rights granted in this chapter, the Company shall provide the Borough with an initial grant in the amount of $2,350. Such amount shall be paid within 90 days following the grant of the Certificate from the Board. In addition, beginning in the second year of the municipal consent and annually thereafter through the ten-year term of the franchise, Cablevision shall, upon written request pay a grant to the Borough in the amount of $850 in each of the following years of the term of the Chapter (the "Annual Grant"). The Annual Grant may be used by the Borough for any cable and/or other telecommunications related purpose as the Borough, 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 Borough within 60 days from receipt of the Borough'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.
e. 
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 owning after the date such system-wide certification is granted by the Board of Public Utilities with the exception of the Initial Grant of $2,350 as provided above which shall in all cases remain due and payable if the Borough adopts its municipal consent prior to December 31, 2009.
f. 
All PEG access support provided by Cablevision shall be for the exclusive use of the Company's customers in the Borough.
[Ord. No. 09-19]
All of the commitments contained in the application and any amendment thereto submitted in writing to the Borough 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 chapter by reference and made a part hereof, except as specifically modified, changed, limited, or altered by this chapter, or to the extent that they conflict with State or Federal law.
[Ord. No. 09-19]
This consent shall be construed in a manner consistent with all applicable Federal, State and local laws.
[Ord. No. 09-19]
Where consistent with the context in which used in this chapter, words importing the singular shall include the plural; words importing the plural shall include the singular; and, words importing one gender shall include all other genders.
[Ord. No. 09-19]
Should any provision of this chapter be inconsistent with the provisions of any prior ordinances, the inconsistent provisions of such prior ordinances are hereby repealed, but only to the extent of the inconsistencies.
[Ord. No. 09-19]
If any section, subsection, sentence, clause, phrase, or portion of this chapter 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.
[Ord. No. 09-19]
Captions contained in this chapter have been inserted only for the purpose of facilitating reference to the various sections, and are not intended and shall not be utilized to construe the intent and meaning of the text of any section.
[Ord. No. 09-19]
This chapter shall take effect upon issuance of a Certificate of Approval as issued by the Board of Public Utilities.