Editor's Note: Prior ordinance history: Ordinance Nos. 21-79, 5-87, 52-95, 22-99.
[Ord. No. 19-2014 § 1]
For the purpose of this Ordinance 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
- shall mean 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.
- shall mean 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.
- shall mean the Board of Public Utilities of the State of New Jersey or its successor agency.
- shall mean CSC TKR, Inc. d/b/a Cablevision of Morris, ("Cablevision") the grantee of rights under this Ordinance.
- shall mean the Federal Communications Commission.
- FEDERAL ACT
- shall mean 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.
- FEDERAL REGULATIONS
- shall mean 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.
- STANDARD INSTALLATION
- shall mean 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 REGULATIONS
- shall mean 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.
- shall mean the State of New Jersey.
- shall mean the governing body of the Township of Roxbury in the County of Morris, and the State of New Jersey.
[Ord. No. 19-2014 § 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 Township 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. 19-2014 § 3]
The Township hereby grants to Cablevision 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 municipality poles, wires, cables, and fixtures necessary for the maintenance and operation in the Township of a cable television system or other communications facility, and for the provision of any communication service over such facilities 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. 19-2014 § 4]
This consent granted herein shall be non-exclusive and shall be for a term of fifteen (15) years from the date of issuance of a Certificate of Approval by the Board.
[Ord. No. 19-2014 § 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 Township and the Board relative to the renewal of said consent.
[Ord. No. 19-2014 § 6]
The consent granted under this Ordinance to Cablevision shall apply to the entirety of the Township and any property hereafter annexed.
[Ord. No. 19-2014 § 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 tariffed rates for standard and nonstandard installation.
[Ord. No. 19-2014 § 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 twenty-five (25) homes per mile or greater, or areas with less than twenty-five (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. 19-2014 § 9]
Pursuant to the terms and conditions of the Cable Television Act, Cablevision shall pay to the Township, as an annual franchise fee, a sum equal to two percent (2%) of the actual gross revenues received from all recurring charges in the nature of subscription fees paid by subscribers for its cable television reception services in the Township. At the time of payment, the Company shall inform the Township of the total gross receipts upon which payment is based. 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; provided, however, that nothing herein shall be construed to permit the Township to require payment of a franchise fee by Cablevision that is higher than the fee paid by all other cable television service providers offering service in the Municipality.
[Ord. No. 19-2014 § 10]
Cablevision shall, upon written request, provide free of charge, one (1) standard installation and monthly cable television reception service to all State or locally accredited public schools and all municipal public libraries, as well as municipal buildings located within the Township as set forth in Exhibit A to this Ordinance. Exhibit A may be found in the Township offices.
[Ord. No. 19-2014 § 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 cable plant and facilities in the Township:
The Company shall comply with any lawful, generally applicable permitting and fee requirements in the Township relating to construction and installation of its plant and facilities, as long as such requirements are not in conflict with applicable State and Federal law.
In the event that the Company or its agents shall disturb any pavement, street surfaces, sidewalks, driveways or other surfaces in the natural topography of the Township, 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.
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 Township shall remove, relocate or replace its equipment, at its own expense.
Upon request of a person holding a building or moving permit issued by the Township, 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 fourteen (14) days prior written notice in order to arrange for the changes required.
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 Township 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 and, except in the case of an emergency, no trees shall be removed, or destroyed without prior consent of the Township.
[Ord. No. 19-2014 § 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, including the applicable customer service and outage credit provisions in N.J.S.A. 48:5A-11a and N.J.A.C. §§ 14:18-3.1 - 14:18-3.27, as amended.
At the request of the Township, the Company and the Township's authorized designee shall meet at least annually to review all matters relating to cable television in the Township.
[Ord. No. 19-2014 § 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. 19-2014 § 14]
The Office of Cable Television is hereby designated as the complaint officer for the Township pursuant to the provisions of N.J.S.A. 48:5A-26 and any complaints by local subscribers to cable television reception or service shall be filed directly with the said office. All complaints shall be reviewed and processed in accordance with N.J.A.C. 14:17-6.5.
[Ord. No. 19-2014 § 15]
The Company shall indemnify, protect and save the Township harmless from and against losses and physical damages to property, including those properties owned or under the control of the Township, and bodily injury or death of persons, including payments made under any Workmen's Compensation Law, which may arise out of or be caused by the erection, maintenance, presence, use or removal of said attachments on poles, antennae with the Township or by any act of the Company, its agents or employees, or arising out of the use, operation, maintenance or revocation for renewal of the system contemplated by this franchise.
The Company shall maintain at all times during the term of the franchise liability insurance naming the Township as an additional insured and providing insurance coverage against all claims, demands, actions, judgments, costs, expenses, and liabilities which may arise or result, directly or indirectly, from or by any reason of any 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 be not less than one million dollars ($1,000,000.00), and not less than one million dollars ($1,000,000.00) to any one accident and an excess liability (or "umbrella") policy in the amount of five million dollars ($5,000,000.00).
The Company shall also carry such insurance as it deems necessary to protect it from all claims under the Workmen's Compensation Laws in effect, that may be applicable to the franchise.
All insurance required by this Ordinance, shall be and remain in full force and effect of the entire life of this franchise. A Certificate of Insurance must be submitted to the Township Attorney to review for compliance with the above mentioned limits of liability. Said policy or policies of insurance or certified copy or copies thereof, shall be deposited with and kept on file by the Township Clerk, and the Township shall be named as an additional insured on said policies. The insurer shall notify the Township at least thirty (30) days prior of its intention to cancel any policy. The insurer further shall certify to the Township the fact of renewal of every such insurance policy at least thirty (30) days prior to the expiration date.
[Ord. No. 19-2014 § 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 twenty-five thousand dollars ($25,000.00). Such bond shall be to insure the faithful performance of its obligations as provided in this franchise.
[Ord. No. 19-2014 § 17]
The Township will not regulate the rates the Company may charge subscribers for its service; provided that in the event the Federal Act and other applicable law hereafter is amended to permit the exercise of regulatory power over rates by municipalities, the Township reserves the right to exercise the maximum power permitted by law.
Cablevision shall continue to offer a senior citizen discount in the amount of ten percent (10%) off the monthly broadcast basic level of cable television service rate to any person sixty-two (62) years of age or older, who subscribes to cable television services provided by the Company, subject to the following:
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 sixty-two (62) years of age; and,
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,
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,
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; and,
The Company shall have no further obligation to provide the senior discount herein in the event that (a) the Company converts the municipal consent granted herein to a system-wide franchise in accordance with N.J.S.A. 48:5A-25.1; or (b) upon Board approval of a certification that another cable television service provider offering services to residents of the Township files, in accordance with N.J.S.A. 48:5A-30(d), that it is capable of serving sixty percent (60%) or more of the households within the Township. In the event the Company does cease providing a senior discount pursuant to this provision, it shall comply with all notice requirements of applicable law.
[Ord. No. 19-2014 § 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 Township pursuant to State and Federal requirements. The Company shall in no way be 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. 19-2014 § 19]
In the event that the service of another multi-channel video program provider not subject to the Township's regulatory authority 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 Cablevision's request for such relief from the Board.
In any subsequent municipal consent, Township shall require, at a minimum, the same terms and conditions of any other provider of multi-channel video programming subject to the Township'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, 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 to relieve the Company of competitive disadvantages identified in the Company's petition.
[Ord. No. 19-2014 § 20]
Upon expiration, termination or revocation of this Ordinance, 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 cable services authorized herein, unless Cablevision, its affiliated entities or assignees should, within six (6) 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. 19-2014 § 21]
Cablevision shall continue to make available non-commercial public, educational and governmental (PEG) access services available to the residents of the Township as described in the Application for municipal consent. All Cablevision support for PEG access shall be for the exclusive benefit of Cablevision's subscribers.
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 access programming on such channel.
Upon written request by the Township, Cablevision shall install a fiber access return feed at the Township high school or the municipal building, provided it is a standard installation. Upon completion of this installation, Cablevision shall provide the Township, in lieu of the regional public access channel described in the Application, with its own designated PEG channel available for the exclusive use of the Township.
Cablevision shall have discretion to determine the format and method of transmission of the PEG access programming provided for in this section 18-21.
In consideration for the rights granted in this Ordinance, the Company shall provide the Township with a technology grant in the amount of seventy-seven thousand dollars ($77,000.00). Cablevision shall provide an initial grant payment of twenty-two thousand dollars ($22,000.00) within 60 days of the issuance of the Certificate of Approval by the Board of Public Utilities. The remaining grant of fifty-five thousand dollars ($55,000.00) shall be provided in annual installments, beginning after the fourth year of the renewal agreement as measured from the date the Certificate of Approval is issued by the Board of Public Utilities, of five thousand dollars ($ 5,000.00), upon written request by the Township. (the Annual Grant) The Annual Grant may be used by the Township for any cable and/or other telecommunications related purpose as the Township, in its discretion, might deem appropriate. Cablevision shall not be obligated to make any additional payments beyond year fifteen of the franchise. The Annual Grant shall be payable to the Township within sixty (60) days from receipt of the Township'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.
The Township agrees that all amounts provided pursuant to paragraph e. shall be used by the Township for any cable and/or other telecommunications related purpose and/or for the exclusive support of PEG access programming, such as the purchase and/or rental of PEG access equipment and facilities. On request, the Township shall provide Cablevision with a certification of compliance with section 18-21e.
The Company shall have no further obligation to provide any PEG grant payments due and payable after the date upon which (a) the Company converts the municipal consent granted herein to a system-wide franchise in accordance with N.J.S.A. 48:5A-25.1; or (b) Board approval of a certification of another cable television service provider offering services to residents of the Township files, in accordance with N.J.S.A. 48:5A-30(d), that the provider is capable of serving sixty percent (60%) or more of the households within the Township.
[Ord. No. 19-2014 § 22]
All of the commitments contained in the Application and any amendment thereto submitted in writing to the Township 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 Ordinance by reference and made a part hereof, except as specifically modified, changed, limited, or altered by this Ordinance, or to the extent that they conflict with State or Federal law.
[Ord. No. 19-2014 § 23]
This consent shall be construed in a manner consistent with all applicable Federal, State and local laws, as such laws, rules and regulations may be amended from time to time.
[Ord. No. 19-2014 § 24]
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. 19-2014 § 25]
Notices required under this Ordinance shall be in writing and shall be mailed, first class, postage prepaid, to the addresses below. Either party may change the place where notice is to be given by providing such change in writing at least thirty (30) days prior to the time such change becomes effective. The time to respond to notices under this Ordinance shall run from receipt of such written notice.
[Ord. No. 19-2014 § 26]
This Ordinance shall take effect upon issuance of a Certificate of Approval as issued by the Board of Public Utilities.