[Ord. No. O-39-07, Preamble]
The Town Council of the Town of Morristown (hereinafter referred
to as the "Town") determined that CSC TKR, Inc. (hereinafter referred
to as "the Company" or "Cablevision") had the technical competence
and general fitness to operate a cable television system in the Town
and by prior ordinance granted its municipal consent for Cablevision
to obtain a nonexclusive franchise for the placement of facilities
and the establishment of a cable television system in the Town.
By application for renewal consent filed with the Town and the
Office of Cable Television on or about July 5, 2005, Cablevision has
sought a renewal of the franchise.
The Town, having held public hearings, has made due inquiry
to review Cablevision's performance under the Franchise and to
identify the Town's future cable-related needs and interests,
and has concluded that Cablevision has substantially complied with
its obligations under the Franchise and has committed to certain undertakings
responsive to the Town's future cable-related needs and interests;
and
The Town Council of the Town has accordingly concluded that
the consent should be renewed subject to the requirements set forth
below; and that, provided Cablevision's proposal for renewal
embodies the commitments set forth below, the Town's municipal
consent to the renewal of the Franchise should be given.
[Ord. No. O-39-07 § 1]
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 Town 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. ("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. § 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 premise
where the distance from the point of entry into the building being
served is less than 200 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.
The Town of Morristown in the County of Morris, and the State
of New Jersey.
[Ord. No. O-39-07 § 2]
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 municipality having received all comments regarding the qualifications
of Cablevision to receive this consent, the Town 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. O-39-07 § 3]
The Town 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
municipality poles, wires, cables, and fixtures necessary for the
maintenance and operation in the Town of a cable television system,
and for the provision of any communication service over the such system
as may be authorized by Federal or State regulatory agencies. Operation
and construction, pursuant to said consent, is conditioned upon prior
approval of the Board of Public Utilities.
[Ord. No. O-39-07 § 4]
This consent granted herein shall be nonexclusive and shall
be for a term of 15 years from the date of issuance of a Certificate
of Approval by the Board.
[Ord. No. O-39-07 § 5]
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 Town and the
Board relative to the renewal of said consent.
[Ord. No. O-39-07 § 6]
The consent granted under this section to Cablevision shall
apply to the entirety of the Town and any property hereafter annexed.
[Ord. No. O-39-07 § 7]
Cablevision shall be required to proffer video programming service
along any public right-of-way to any person's residence within
the portion of the franchise territory, as described in the application
for municipal consent, at tariff rates for standard and nonstandard
installation.
[Ord. No. O-39-07 § 8]
Cablevision shall extend service along any public right-of-way
outside its service area to those residences within the franchise
territory which are located in areas that have a residential density
of 25 homes per mile or greater, or areas with less than 25 homes
per mile where residents agree to share the costs of such extension
in accordance with the line extension formula as provided by the Company
in its application for municipal consent.
[Ord. No. O-39-07 § 9]
Cablevision shall pay a franchise fee to the Town in accordance
with N.J.S.A. 48:5A-30.
[Ord. No. O-39-07 § 10]
a.
Cablevision shall, upon written request, provide free of charge,
one standard installation and monthly cable television reception service
to all State or locally accredited primary and secondary public and
private schools and all municipal public libraries, as well as municipal
buildings located within the Town as set forth in Exhibit A to this
Ordinance.
b.
Upon written request from the Town, the Company shall provide to
the Town, without charge, the following: (1) one standard installation;
(2) one cable modem; and (3) basic cable modem service for the term
of this Ordinance. The Town shall be permitted to network, at its
own cost, four (4) personal computer terminals to the cable modem
provided by Cablevision. This offer shall be subject to the terms,
conditions and use policies of the Company as those policies may exist
from time to time.
c.
Upon written request from the Town, the Company shall provide to
State and locally accredited primary and secondary public and private
schools and municipal public libraries in the Town, without charge,
(1) one standard installation per school or library; (2) one cable
modem per installation; and, (3) basic cable modem service for the
term of this Ordinance for each installation. This offer shall be
subject to the terms, conditions and use policies of the Company,
as those policies may exist from time to time.
d.
The Company shall provide, free of charge, one standard installation
and monthly cable television reception service at six locations within
Town Hall, located at 200 South Street, as follows: (1) the Town Clerk's
Office; (2) Administration; (3) the Police Department; (4) the Emergency
Management Center; (5) the Council Room, and (6) Room 201.
[Ord. No. O-39-07 § 11]
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 Town:
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 municipality
shall alter or change the grade of any street, alley or other way
or place, the Company, upon reasonable notice by the Town shall remove
or relocate its equipment, at its own expense.
c.
Upon request of a person holding a building or moving permit issued
by the Town, 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. In such cases, 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 Town 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. O-39-07 § 12]
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. O-39-07 § 13]
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. O-39-07 § 14]
The Office of Cable Television is hereby designated as the complaint
officer for the Town 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. O-39-07 § 15]
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 Town 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. O-39-07 § 16]
Cablevision 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.
[Ord. No. O-39-07 § 17]
a.
The rates of the Company for cable television services shall be subject
to regulation to the extent permitted by Federal and State law.
b.
Cablevision shall implement a senior citizen discount in the amount
of 10% off the monthly rate of the broadcast basic level of cable
television reception service to any person 62 years of age or older
who subscribes to the Company's cable television service, subject
to the following:
1.
Such discount shall only be available to eligible senior citizens
who do not share the subscription with more than one person in the
same household who is less than 62 years of age; and,
2.
In accordance with N.J.S.A. 48:5A-11.2, subscribers seeking eligibility
for the discount must meet the income and residence requirements of
the Pharmaceutical Assistance to the Aged and Disabled program pursuant
to N.J.S.A. 30:4D-21; and,
3.
The senior discount herein relates only to the broadcast basic level
of cable television service, and shall not apply to any additional
service, feature, or equipment offered by the Company, including any
premium channel services and pay-per-view services; and,
4.
Senior citizens who subscribe to a level of cable television service
beyond expanded basic service, including any premium or per channel
a la carte service, shall not be eligible for the discount.
c.
In the event that Cablevision shall be required to increase the franchise
fee in accordance with N.J.S.A. 48:5A-30d, then at such time as the
new fee is instituted, Cablevision shall no longer be obligated to
maintain or offer the senior discount specified in Paragraph b above.
[Ord. No. O-39-07 § 18]
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 Town pursuant to State and Federal requirements.
The Company shall in no way be held liable for any injury suffered
by the Town 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 Town shall utilize the State-approved
procedures for such emergency uses.
[Ord. No. O-39-07 § 19]
a.
In the event that the service of another multi-channel video program
provider creates a significant competitive disadvantage to Cablevision,
the Company shall have the right to request from the Town lawful amendments
to its franchise that relieve it of burdens which create the unfair
competitive situation. If the parties can reach an agreement on such
amendments, the Town agrees to support the Company's petition
to the Board for modification of the consent in accordance with N.J.S.A.
48:5A-1 et seq. and N.J.A.C. 14:17-6.7.
b.
If the parties are unable to reach an agreement on appropriate amendments
to the franchise, the Town 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-1 et seq. and N.J.A.C. 14:17-6.7; provided, however,
the Town shall be under no obligation to support the Company's
request for such relief from the Board.
c.
In any subsequent municipal consent, the Town shall require, at a
minimum, the same terms and conditions of any other provider of multi-channel
video programming subject to the Town'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, the Town agrees to support the Company's petition to
the Board for modifications of the consent in accordance with N.J.S.A.
48:5A-1 et seq. and N.J.A.C. 14:17-6.7 to relieve the Company of competitive
disadvantages identified in the Company's petition.
[Ord. No. O-39-07 § 20]
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. O-39-07 § 21]
a.
Cablevision shall continue to make available noncommercial public,
educational and government (PEG) access as described in the application
for municipal consent.
b.
The Town 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 Town 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 Town's provision of PEG access programming
on such channel.
c.
In consideration for the rights granted in this chapter, the Company
shall provide the Town with a grant in the amount of $70,000 payable
in installments as set forth herein. Fifteen thousand dollars of such
amount shall be paid within 30 days following the grant of the Certificate
of Approval from the Board. Within 90 days following the second and
third year anniversary of the franchise (measured from the date of
the certificate of approval from the Board). Cablevision shall pay,
upon written request from the Town, annual installments of $10,000.
Beginning at the four-year anniversary, and annually thereafter
through the ten-year anniversary date (totaling seven annual installments),
Cablevision will provide an annual payment of $5,000 (the "Annual
Grant"). The funding provided herein to the Town may be used for any
cable and/or other telecommunications related purpose as the Town,
in its discretion, deems appropriate. Cablevision shall not be obligated
to make any additional payments beyond the $70,000 specified in this
section. The annual grant shall be payable to the Town within 60 days
from receipt of the Town's written request.
Notwithstanding the foregoing, should Cablevision apply for
a system-wide certification or otherwise convert its franchise to
a system-wide certification in accordance with applicable law, either
before or after the Town's approval of this municipal consent,
the Company shall be relieved of any payments due and owing after
the date of such conversion or award of a system-wide franchise.
d.
Cablevision shall continue to maintain two fiber optic return lines
for the Town one at 200 South Street (the Town's municipal complex)
and the other at Morristown High School. These lines shall be used
to permit the Town to originate noncommercial PEG access programming
on the Company's cable system.
e.
Cablevision shall provide the Town with the ability to override the
existing regional Public access channel or educational access channel
with its own narrowcast programming (seen only by the company's
subscribers in the Town) with programming originating from Town Hall.
The use of the channel for narrowcast purposes shall be limited to
programming produced by the Town. When used by the Town for narrowcast
purposes, programming from Town Hall will override the regional public
access channel programming or the regional educational access programming
that Cablevision provides on its cable system. When used for narrowcast
purposes, administration, operation and use of the channel(s) shall
be at the Town's discretion.
[Ord. No. O-39-07 § 22]
All of the commitments contained in the application and any
amendment thereto submitted in writing to the Town 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. O-39-07 § 23]
This consent shall be construed in a manner consistent with
all applicable Federal, State and local laws.
[Ord. No. O-39-07 § 24]
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. O-39-07 § 25]
This chapter shall take effect upon issuance of a Certificate
of Approval as issued by the Board of Public Utilities.
