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:
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.
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.
The Board of Public Utilities of the State of New Jersey
or its successor agency.
The Governing Body of the Borough of Bound Brook in the County
of Somerset, and the State of New Jersey.
CSC TKR, LLC, d/b/a Cablevision of Raritan Valley. ("Cablevision")
the grantee of rights under this chapter.
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. 14:17-1.1 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.Â
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.Â
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.Â
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.Â
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.Â
Cablevision shall continue to make available noncommercial public,
educational and governmental (PEG) access as described in the application
for municipal consent.
b.Â
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.Â
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.Â
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.Â
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.Â
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.
