[HISTORY: Adopted by the Township Committee of the Township
of Fairfield by Ord. No. 483-2001 (Ch. XVII of the 1980 Code). Amendments noted where applicable.]
The Municipality hereby grants to Comcast Cablevision renewal
of its non-exclusive municipal consent to place in, upon, across,
above, over and under highways, streets, alleys, sidewalks, easements,
public ways and public places in the Municipality, poles, wires, cables,
underground conduits, manholes and other television conductors, fixtures,
apparatus and equipment as may be necessary for the construction,
operation and maintenance in the Municipality of a cable television
and communications system.
For the purpose of this appendix, 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 (FCC) rules and regulations,
47 CFR 76.1 et seq., and the Cable Communications Policy Act, 47 U.S.C.A.
§ 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 the federal and state definitions.
ACT or CABLE TELEVISION ACT
Chapter 186 of the 1972 General Laws of New Jersey and subsequent
amendments thereto, N.J.S.A. 48:5A-1 et seq.
BASIC CABLE SERVICE
Any service tier which includes the retransmission of local
television broadcast signals as defined by the FCC.
BOARD or BPU
The Board of Public Utilities, State of New Jersey.
COMPANY
The grantee of rights under this appendix and is known as
Comcast Cablevision of South Jersey, Inc.
FCC
The Federal Communications Commission.
Public hearings conducted by the Municipality concerning the
renewal of municipal consent herein granted to the company were held
after proper public notice pursuant to the terms and conditions of
the Act and the regulations of the Board adopted pursuant thereto.
Said hearings having been fully open to the public, and the Municipality
having received at said public hearings all comments regarding the
qualifications of the company to receive this renewal of municipal
consent, the Municipality hereby finds that the company possesses
the necessary legal, technical, character, financial and other qualifications
and that the company's operating and construction arrangements
are adequate and feasible.
A. The non-exclusive municipal consent granted herein shall expire 15
years from the date of expiration of the previous certificate of approval
issued by the Board with an automatic renewal of 10 years as provided
by N.J.S.A. 48:5A-19 and 48:5A-25 and N.J.A.C. 14:18-13.6.
B. In the event that the Municipality shall find that the company has
not substantially complied with the material terms and conditions
of this appendix, the Municipality shall have the right to petition
the OCTV, pursuant to N.J.S.A. 48:5A-47, for appropriate action, including
modification and/or termination of the certificate of approval; provided,
however, that the Municipality shall first have given the company
written notice of all alleged instances of noncompliance and an opportunity
to cure same within 90 days of that notification.
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 for
cable television reception service in the Municipality or any higher
amount permitted by the Act or otherwise allowable by law, whichever
is greater.
The consent granted under this appendix to the renewal of the
franchise shall apply to the entirety of the Municipality and any
property subsequently annexed hereto.
The company shall be required to proffer service along any public
right-of-way to any person's residence or business located in
all areas of the franchise territory as described herein, at tariffed
rates for standard and nonstandard installations.
A. Restoration. In the event that the company or its agents shall disturb
any pavement, street surfaces, sidewalks, driveways, or other surface
in the natural topography, the company shall, at its sole expense,
restore and replace such places or things so disturbed in as good
a condition as existed prior to the commencement of said work.
B. 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, re-lay or relocate its equipment, at the
expense of the company.
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 or other
public places of the Municipality so as to prevent the branches of
such trees from coming in contact with the wires and cable of the
company. Such trimming shall be only to the extent necessary to maintain
proper clearance of the company's wire and cables.
In providing services to its customers, the company shall comply
with N.J.A.C. 14:18-1 et seq. and all applicable state and federal
statutes and regulations. The company shall strive to meet or exceed
all voluntary company and industry standards in the delivery of customer
service and shall be prepared to report on it to the Municipality
upon written request of the Municipality Administrator or Clerk.
A. The company shall continue to comply fully with all applicable state
and federal statutes and regulations regarding credit for outages,
the reporting of same to regulatory agencies and notification of same
to customers.
B. The company shall continue to fully comply with all applicable state
and federal statutes and regulations regarding the availability of
devices for the hearing impaired and the notification of same to customers.
C. The company shall use every effort to meet or exceed voluntary standards
for telephone accessibility developed by the National Cable Television
Association (NCTA).
D. Nothing herein shall impair the right of any subscriber or the Municipality
to express any comment with respect to telephone accessibility to
the complaint officer, or impair the right of the complaint officer
to take any action that is permitted under law.
E. The company is permitted, but is not required to, charge a late fee
consistent with applicable state and federal statutes and regulations.
The Office of Cable Television is hereby designated as the complaint
officer for the Municipality pursuant to N.J.S.A. 48:5A-26(b). All
complaints shall be received and processed in accordance with N.J.A.C.
14:17-6.5. The Municipality shall have the right to request copies
of records and reports pertaining to complaints by Municipality customers
from the OCTV.
During the term of this franchise, and any renewal thereof,
the company shall maintain a business office or agent in accordance
with N.J.A.C. 14:18-5.1 for the purpose of receiving, investigating
and resolving all local complaints regarding the quality of service,
equipment malfunctions, and similar matters. Such a business office
shall have a publicly listed toll-free telephone number and be open
during standard business hours, and in no event (excepting emergent
circumstances) less than 9:00 a.m. to 5:00 p.m., Monday through Friday.
During the life of the franchise the company shall give to the
Municipality a bond in the amount of $25,000. Such bond shall be to
insure the faithful performance of all undertakings of the company
as represented in its application for municipal consent incorporated
herein.
The rates of the company shall be subject to regulation as permitted
by federal and state law.
A. The company shall provide total preferred cable television service
on one outlet at no cost to each school in the Municipality, public
and private, elementary, intermediate and secondary, provided the
school is within 175 feet of active cable distribution plant. Each
additional outlet installed, if any, shall be paid for on a materials
plus labor basis by the school requesting service. Monthly service
charges shall be waived on all additional outlets.
B. The company shall provide total preferred cable television service
at no cost on one outlet to each police, fire, or emergency management
facility and public library in the Municipality, provided the facility
is located within 175 feet of active cable distribution plant. Each
additional outlet installed, if any, shall be paid for on a materials
plus labor basis by the Municipality. Monthly service charges shall
be waived on all additional outlets.
C. The company shall provide total preferred cable television service
at no cost on one outlet to the athletic building located adjacent
to the municipal building on Gouldtown Road, provided the facility
is located within 175 feet of active cable distribution plant. Each
additional outlet installed, if any, shall be paid for on a materials
plus labor basis by the Municipality. Monthly service charges shall
be waived on all additional outlets.
D. At such time as a senior citizens center is constructed adjacent
to the municipal building on Gouldtown Road, cable television will
be provided on one outlet, provided the facility is located within
175 feet of active cable distribution plant. Each additional outlet
installed, if any, shall be paid for on a materials plus labor basis
by the Municipality. Monthly service charges shall be waived on all
additional outlets.
E. Within 12 months after the issuance of a renewal certificate of approval,
the company shall extend cable television service to Shoemaker Road,
extending from Bridgeton-Fairton Road (four homes at 0.3 mile), Thomas
Drive (1,077 feet), Country Club Road, Greenway Drive and George Street.
F. When the Municipality possesses the requisite equipment and technical
capability to produce non-duplicative live-to-tape local programming
and community text-generated programming, the company shall provide
an educational/government access channel to the Municipality within
12 months after the company receives notice of the Township's
ability to produce and maintain said channel.
G. The company shall provide to the Municipality a one-time technology
grant in the amount of $20,000 within six months after the issuance
of a renewal certificate of approval.
In the event that the Municipality determines that it is necessary
and feasible for it to contract with the company for the purpose of
providing two-way or interconnection services, the company shall be
required to apply to the BPU for approval to enter into and establish
the terms and conditions of such contract. All costs for such application
to the BPU shall be borne by the Municipality.
A. The company will comply with the Emergency Alert System ("EAS") rules
in accordance with applicable state and federal statutes and regulations.
B. 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 company shall at all times maintain a comprehensive general
liability insurance policy with a single limit amount of $1,000,000
covering liability for any death, personal injury, property damages
or other liability arising out of its construction and operation of
the cable television system, and an excess liability (or "umbrella")
policy in the amount of $5,000,000.
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 municipal consent. The application
and any other relevant writings submitted by the company shall be
considered a part of this appendix and made a part hereof by reference
as long as it does not conflict with state or federal law. All ordinances
or parts of ordinances or other agreements between the Municipality
and the company that are in conflict with the provisions of this agreement
are hereby declared invalid and superseded.
Should the Municipality grant a franchise to construct, operate
and maintain a cable television system to any other person, corporation
or entity on terms materially less burdensome or more favorable than
the terms contained herein, the company may substitute such language
that is more favorable or less burdensome for the comparable provision
of this appendix subject to the provisions of N.J.A.C. 14:17-6.7.
If any section, subsection, sentence, clause, phrase or portion
of this appendix 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 its invalidity or unconstitutionality shall not affect
the validity of the remaining portions of the appendix.
This appendix shall take effect immediately upon issuance of
a renewal certificate of approval from the BPU.