[Ord. No. 03-21 § 1]
This ordinance shall be known and may be cited as the "Cablevision
of Morris, Franchise Ordinance."
[Ord. No. 03-21 § 2]
For the purpose of this Ordinance, the following terms, phrases,
words and their derivations shall have the meaning given herein. Such
meaning or definition of terms is supplemental to those definitions
of the Federal Communications Commission, F.C.C. Rules and Regulations,
47 C.F.R. Subsection 76.1. et seq. and the Cable Communications Policy
Act of 1984, 47 U.S.C. 521 et seq., as amended and shall in no way
be construed to broaden, alter or conflict with the Federal or State
definitions.
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 Township Clerk's office and
is incorporated herein by reference and made a part hereof, except
as modified, changed, limited or altered by this Ordinance.
The Board of Public Utilities of the State of New Jersey
or its successor agency.
CSC TKR, Inc. d/b/a/Cablevision of Morris ("Cablevision")
the grantee of rights under this Ordinance.
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. Section
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 C.F.R. Section 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 C.F.R. Section
76.3), or as such regulations may be amended.
The Township of Rockaway Cable Television Performance Review
and Needs Assessment Report dated May 2, 2000.
The New Jersey Board of Public Utilities, Office of Cable
Television.
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.
The ability to support multiple analog and digital television
services, Internet service and other two-way services.
The governing body of the Township of Rockaway in the County
of Morris, and the State of New Jersey.
[Ord. No. 03-21 § 3]
A public hearing concerning the consent herein granted to the
Company was held after proper public notice pursuant to the terms
and conditions of the Act on November 28, 2000. Additional public
hearings were held on February 6, 2001, March 27, 2001, April 3, 2001,
April 24, 2001 and May 1, 2001. Said hearings having been held and
fully open to the public, and the Township having received at said
hearing comments regarding the qualifications of the Company to receive
this consent, the Township hereby finds the Company possesses the
necessary legal, technical, character, financial and other qualifications
and that Cablevision's operating and construction arrangements
are adequate and feasible.
The Township hereby grants to the Company its non-exclusive
consent to place in, upon, along, across, above, over, and under its
highways, streets, alleys, sidewalks, public ways, and public places
in the Township, poles, wires, cables, and fixtures necessary for
the maintenance and operation in the Township 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.
[Ord. No. 03-21 § 4]
The consent granted herein shall expire 10 years from the date
of expiration of the last Certificate of Approval as issued by the
Board of Public Utilities.
[Ord. No. 03-21 § 5]
If the Company seeks a successive consent, it shall, prior to
the expiration of this consent, apply for a Municipal consent and
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 municipal governing body
relative to the renewal of said consent.
[Ord. No. 03-21 § 6]
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 Township 2% of the gross revenues received from all recurring
charges in the nature of subscription fees paid by subscribers for
its cable television reception service in the Township or any greater
amounts mandated by the New Jersey Cable Television Act or otherwise
required by law, immediately upon the effective date thereof.
In the event applicable law hereinafter permits a larger franchise
fee to be collected, but does not fix the amount thereof, the Township
and Cablevision shall negotiate in good faith with respect to the
amount thereof.
[Ord. No. 03-21 § 7]
The consent granted under this Ordinance to Cablevision shall
apply to the entirety of the Township and any property hereinafter
annexed.
[Ord. No. 03-21 § 8]
The Company shall be required to complete any proposed construction
within the service areas described in its application. The timetable
as presented in the application incorporated herein has been determined
to be reasonable by the Township of Rockaway.
[Ord. No. 03-21 § 9]
Cablevision shall extend service along any public right-of-way
at no cost to the customer to the point in the right-of-way fronting
any person's residence or business located within its primary
service area (as described in the application). The actual connection
of the customer from the public right-of-way shall be at tariffed
rates for standard and nonstandard installation.
[Ord. No. 03-21 § 10]
The Company 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 Township.
A.
Restoration. In the event that the Company or its agents
shall disturb any street pavement, sidewalks, curbs, lawn areas or
other surfaces, the Company shall at its sole expense restore and
replace such places or things in as good a condition as existed prior
to the commencement of said work and in accordance with applicable
ordinances.
B.
Relocation. If at any time during the period of this
consent, the Township shall alter or change the grade of any street,
alley or other way or place, the Company, upon reasonable notice by
the Township shall remove or relocate its equipment, at the expense
of the Company.
The Company shall temporarily move or remove appropriate parts
of its facilities to allow moving of buildings, machinery or in other
similar circumstances. The expense shall be borne by the party requesting
such action except when requested by the Township, in which case,
the Company shall bear the cost.
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 and public places of the Township so 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.
D.
The Company shall adhere to all appropriate local regulations
including but not limited to road opening permits. The Company is
exempt from the payment of any fee to the Township for the road opening
permits.
[Ord. No. 03-21 § 11]
The Company shall provide installation to any person's
residence or business located along public rights-of-way within the
Township based upon the price schedule set forth in the application,
prices subject to change, within a reasonable time period under normal
operating conditions in accordance with State and Federal regulations.
Pursuant to N.J.A.C. 14:18-3.16, the Company shall notify all subscribers
that are affected 30 days prior to a price change.
[Ord. No. 03-21 § 12]
During the term of this Franchise, the Company 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. 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 and at least one evening to respond to
customer calls. Such local office shall be in compliance with N.J.S.A.
48:5A-26(d). The Company agrees to maintain adequate staffing to ensure
high level of telephone accessibility and prompt repair service.
[Ord. No. 03-21 § 13]
The Office of Cable Television is hereby designated as the complaint
officer for the Township of Rockaway's subscribers pursuant to
N.J.S.A. 48:5A-26(b), but will only become involved in disputes that
cannot be resolved by the Company and the Township. All complaints
shall be reviewed and processed in accordance with N.J.A.C. 14:17-6.5.
[Ord. No. 03-21 § 14]
A.
The Company shall indemnify, protect and hold the Township
harmless from and against losses, including reasonable attorney's
fees and costs, and physical damage to property, including those properties
owned or under the control of the Township, and bodily injury or death
to persons, including payments made under any Worker's Compensation
Law, which may arise out of or be caused by the erection, maintenance,
presence, use or removal of said attachments on poles, antennas within
the Township or by any act of the Company, its agents or employees
arising out of the use, operation, maintenance or revocation for renewal
of the system contemplated by this Franchise. The Company shall not
be required to indemnify the Township for any claim or other cause
of action arising (i) from any access programming produced by or on
behalf of the Township, or (ii) in circumstances where the Township,
its agents, or employees have been found or agree to liability for
more than 50% of the loss, damage or injury attributable to such claim
or cause of action. Nothing in this section shall be considered to
relieve the Company of responsibility to pay for its percentage of
liability for the loss incurred.
B.
The Company further agrees to maintain the following
insurance:
(1)
The Company shall carry insurance to protect the parties
hereto from and against all claims, demands, actions, judgments, costs
expense, and liabilities which may arise or result, directly or indirectly
from or by reason of such loss, injury, or damage. The amounts of
such insurance against liability due to physical damages to property
or bodily injury or death to any one person shall not be less than
$1,000,000 and not less than $1,000,000 as to any one accident and
an excess liability (or "umbrella") policy in the amount of $5,000,000.
The Township shall be named as an additional insured under such policy.
(2)
The Company shall also carry such insurance it deems
necessary to protect it from all claims under the Worker's Compensation
Laws in effect, that may be applicable to the Franchise.
(3)
All insurance required by this ordinance shall be and
remain in full force and effect for the entire life of this Franchise.
The insurer shall provide to the Township at least 30 days' prior
notice of its intention to cancel any policy. If any policy is canceled,
it shall be replaced forthwith with insurance that meets the requirements
of this ordinance so that there is no lapse in coverage. No later
than 45 days after the effective date of this Franchise and upon any
significant change to the policy(s), Cablevision shall furnish to
the Township certificates of insurance in conformity with the requirements
of this ordinance. The insurer further shall certify to the Township
the fact of renewal of every such insurance policy at least 15 days
prior to the expiration date.
[Ord. No. 03-21 § 15]
A.
The rates of the Company for cable television service
shall be subject to regulations to the extent permitted by Federal
and State law.
B.
Cablevision shall implement a senior citizen and a disabled
citizen discount in the amount of 10% off the rate for the monthly
basic level of cable television reception service to any person 62
years of age or older or to any disabled person, who subscribes to
cable television reception services provided by the Company, subject
to the following:
(1)
Such discount shall only be available to eligible senior
citizens and to disabled citizens who do not share the subscription
with more than one person in the same household who is less than 62
years of age or who is not disabled;
(2)
Subscribers seeking eligibility for the discount must
meet the income and residence requirements of the Pharmaceutical Assistance
to Aged and Disabled (PAAD) program in the State pursuant to N.J.S.A.
30:4D-21; and
(3)
The senior citizen/disabled citizen discount herein
relates only to the entry level basic rate of cable television reception
service, and shall not apply to any additional service, feature, or
equipment offered by the Company, including premium channel services
and pay-per-view services.
[Ord. No. 03-21 § 16]
To the extent required by Federal Law, the basic service includes
those channels which the Company is required to carry by FCC rules
and any channel which the Company carries without a separate additional
charge.
[Ord. No. 03-21 § 17]
A.
Cablevision shall provide and maintain, without charge
for its use, a composite designated, public governmental and educational
access channel ("PEG access") for use by the residents of the Township,
its government representatives, and State accredited institutions
within the Township. This channel may only be used for non-commercial
programming. The Township understands and acknowledges that other
municipalities currently share the PEG access channel in the Company's
Morris County system and use shall not be exclusively for the Township.
Cablevision shall be responsible for developing, implementing, interpreting
and enforcing reasonable rules for PEG access channel use, in accordance
with applicable law.
The Township 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 Township 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 Township's provision
of PEG.
Due to the special needs of the Township's growing congregate
senior population, Cablevision shall provide an opportunity for such
communities to negotiate for one local access channel to be free of
charge for security and general information purposes to all congregate
senior residences, where such service is requested, including but
not limited to Mt. Pleasant Village and Fox Hills Adult Community.
Notwithstanding the foregoing, nothing herein shall be construed to
obligate the Company to provide local access channels, free of charge,
to congregate senior communities for security or general informational
purposes.
B.
Cablevision shall provide a simple and convenient method to allow the Township to periodically override and preempt such channel described in Section 29-17A. with discrete noncommercial educational and governmental access programming developed by the Township and its schools, which programming shall be made available solely to Cablevision subscribers within the Township. Should the Township elect to use this channel for such purposes, it shall be responsible for developing, implementing, interpreting and enforcing its own rules for such use. Administration of any regional public access programming produced by the Township residents for dissemination of the countywide PEG channel, however, shall remain the responsibility of Cablevision.
C.
Franchisee agrees to install and maintain an operational
return feed for upstream transmission of programming from a Township
designated building, to be used for the local origination of noncommercial
governmental and educational and narrowcast access programming. Cablevision
shall install such access return line within 30 days following written
receipt of a request from the Township designating the location to
receive such installation.
D.
In consideration for the rights granted by this municipal
consent, Cablevision shall provide the Township with a one-time payment
of $27,500 to be used, at the Township's discretion, for any
cable-related purpose including, but not limited to the production
and promotion of noncommercial PEG access programming within the Township.
This payment shall be made within 60 days after the grant of the Certificate
of Approval by the New Jersey Board of Public Utilities.
E.
The Company shall take reasonable steps to ensure that
the signal originated by Cablevision on the PEG access channel meets
acceptable industry standards, including the technical specifications
and regulations required by the FCC.
F.
The Company shall offer to make available to the Township
for use on its discrete public, educational and governmental access
channel, local origination programming produced by Cablevision relating
directly to the Township, including, but not limited to interviews
with Township officials, sporting events involving the Township's
schools or other programming of particular interest to the Township,
provided however that the Company may withhold such material on reasonable
grounds, including, but not limited to, the rights of the copyright
holders (including copyrights of other affiliated companies) and/or
the Company's other commitments with respect to such programming.
G.
At the request of the Township, the Company shall provide
reasonable production training courses free of charge to access users
in the Township. Training will be provided on a first come, first
serve basis. Any training group shall have a minimum of five persons.
Cablevision shall not be obligated to provide more than four training
sessions per year. Topics may include, but not be limited to television
production, servicing and equipment use and maintenance.
[Ord. No. 03-21 § 18]
Notwithstanding any specific mention of applicable Federal or
State statutes or regulations above, the Company shall comply with
all of the requirements of the Federal Act, the Federal regulations,
the State Act and State regulations (to the extent not preempted)
and other valid statute regulation, rule or promulgation, specifically
including, but without limitation, those relating to equal employment
opportunity.
[Ord. No. 03-21 § 19]
A.
Although nothing herein shall require the Company to
carry or transmit any particular television stations or programming
source, the Company shall provide the subscribers in the Township
with at least the same broad categories of programming in approximately
the same quantity, as are now provided and which appear in the application.
B.
The Company shall comply with any State law or regulation
with respect to maintaining space for a statewide interconnect channel.
C.
The Company shall comply with applicable Federal law
pertaining to the distribution of obscene or sexually explicit adult
video programming including, but not limited to, 47 USC 559 and 561
including, without limitation, the effective scrambling for both audio
and video content.
D.
In addition, the Company shall take under consideration
provision of the survey preferences as set forth in the Needs Assessment
Report.
E.
The Company shall not provide less than 82 channels
during the term of this ordinance.
[Ord. No. 03-21 § 20]
The Company shall upon request provide free of charge, one standard
installation and basic and expanded monthly cable television reception
service and high-speed internet service to all State and local accredited
public schools, and all municipal public libraries, and the Township's
Municipal Building (the "designated building"). The Township shall
be permitted, at its own cost, to network up to three additional personal
computer terminals in the designated building (four computers in total)
to the cable modem provided by the Company.
[Ord. No. 03-21 § 21]
A.
Facilities and equipment. In accordance with the applicable
provisions of its application for a municipal consent filed with the
Township, the Company shall, in transmitting its television signals
to subscribers in the Township, provide a quality of signal that is
at least as good as that customarily provided under prevailing industry
standards; and the Company shall comply with the requirements imposed
by the Federal regulations, all Federal pronouncements, and (to the
extent not preempted by Federal law) any State pronouncement, relating
to technical standards for the transmission of television signals,
transmission quality, or facilities and equipment.
B.
Customer service.
(1)
In order to maintain its level of telephone accessibility
for calls relating to maintenance and repairs ("service") and to improve
it for calls relating to installation, addition or deletion of programming
services, and other customer inquiries ("business"), the Company shall
do the following:
(a)
The Company shall comply with any and all properly
adopted rules and regulations of the Office of Cable Television insofar
as they apply to telephone accessibility.
(b)
The Company shall submit to the Township as may be reasonably requested by the Township, its written report on telephone accessibility including a discussion of its efforts and progress in improving such accessibility. Nothing herein shall impair the right of any subscriber of the Township to express any comments or complaint with respect to telephone accessibility to the Complaint Officer (as designated in Section 29-13 thereof), or impair the right of the Complaint Officer to take any action which is appropriate under law.
(c)
Cablevision shall comply with all State and Federal
regulations pertaining to telephone call answering and response including,
but not limited to, 47 CFR 309, as may be amended during the term
of this Ordinance.
(2)
During the renewal term, the Company shall maintain
a local office in the Township, as required under the existing Franchise
and as set forth in the initial Municipal Consent Ordinance; provided
that the Company shall be relieved of such obligation upon condition
that:
(a)
During the renewal terms, the Company continues to
maintain a telephone number by which subscribers wishing to communicate
with the Company for any reason can reach it, by toll-free telephone
call, and as to which the provisions of N.J.S.A. 48:5A-26(d) shall
apply; and
(b)
Publish its toll free number in every monthly bill.
(3)
The Company shall comply with all applicable Federal
and State law and regulation pertaining to periodic notification to
subscribers, including, but not limited to, N.J.A.C. 14:18-3.18, as
may be amended during the term of this Ordinance.
(4)
At the request of the Township and upon reasonable
advance notice, the Company and the Township's designee shall
meet to review all matters relating to cable television in the Township,
with the minutes of such meetings to be delivered to the Company and
to be filed with the Township.
[Ord. No. 03-21 § 22]
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 Township pursuant to State and Federal
requirements. The Company shall in no way he held liable for any injury
suffered by the Township 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 Township shall
utilize the State-approved procedures for such emergency uses.
[Ord. No. 03-21 § 23]
All of the statements and commitments contained in the application
and any amendments thereto submitted in writing to the Township by
the Company, are binding upon Company as terms and conditions of this
consent. The application and any written amendments thereto submitted
by the Company shall be annexed hereto and made part hereof by reference.
If any of the incorporated documents or materials conflict with State
or Federal law, the same will not be effective.
[Ord. No. 03-21 § 24]
The Company agrees that the capabilities of the cable system
and any ancillary cable television technologies shall be maintained
as technologically current throughout the duration of the franchise,
as compared with other cable television systems operated by the Company
of comparable size, measured by the number of subscribers in the system
and to the extent economically reasonable and commercially practicable.
[Ord. No. 03-21 § 25]
The Company shall comply with the technical and customer service
standards established for the cable industry under applicable Federal
and State laws, rules and regulations. Cablevision shall introduce
a complaint tracking system to record and monitor receipt and disposition
of complaints and calls for repair.
[Ord. No. 03-21 § 26]
The Company shall obtain and maintain at its sole cost and expense,
during the entire term of this Agreement, a bond to the municipality
in the amount of $25,000. Such bond shall be to insure the faithful
performance of its obligations as provided in this Franchise. Should
the Company undertake any significant construction within the municipality,
the bond amount shall be increased to $50,000 for the duration of
the project. Upon completion of the project, to the satisfaction of
both the Township and the Office of Cable Television, the bond amount
will be reduced to the original amount of $25,000.
[Ord. No. 03-21 § 27]
In the event that another multi-channel video program provider's
service within the Township creates a significant competitive disadvantage
to Cablevision, the Company shall have the right to request from the
Township 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 Township 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 Township 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 Township shall be under no obligation to support nor
precluded from opposing the Company's request for such relief
from the Board. The Company represents and acknowledges that as of
the date of its acceptance of this municipal consent, competition
within the Township has not yet risen to the level of creating a significant
competitive disadvantage sufficient to enable the Company to seek
relief under this section.
[Ord. No. 03-21 § 28]
This consent shall be construed in a manner consistent with
all applicable Federal, State and local laws.
[Ord. No. 03-21 § 29]
If any section, subsection, sentence, clause, phrase, or portion
of this Ordinance 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. 03-21 § 30]
All ordinances, resolutions and regulations of the Township
or parts thereof inconsistent with the provisions herewith of the
Ordinance are hereby repealed to the extent of such inconsistency.
[Ord. No. 03-21 § 31]
This Ordinance shall take effect upon passage and publication
according to law and the Company's written acceptance thereof
within 10 days. If the Company does not accept the terms and conditions
hereof, then the actions of the Township and Company shall be governed
by and subject to the provisions of the Act, the regulations related
thereto and the actions of the Board and Office of Cable Television.
