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:
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.
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.
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.
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.
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:
a.
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.
b.
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.
c.
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.
d.
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.
e.
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]
a.
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.
b.
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]
a.
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.
b.
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).
c.
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.
d.
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]
a.
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.
b.
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:
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 sixty-two (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; and,
5.
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]
a.
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.
b.
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.
c.
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.
d.
Cablevision shall have discretion to determine the format and method of transmission of the PEG access programming provided for in this section 18-21.
e.
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.
f.
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.
g.
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.
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Notices to the Franchisee shall be mailed to:
Cablevision Systems Corporation
124 West State Street
Trenton, NJ 08608
Attention: Vice President for Government/Public Affairs, New
Jersey
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With a copy to:
CSC TKR, Inc. d/b/a Cablevision of Morris
1111 Stewart Avenue
Bethpage, NY 11714
Attention: Legal Department
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Notices to the Township shall be mailed to:
Township of Roxbury
1715 Route 46
Ledgewood, New Jersey 07852
Attention: Township Administrator
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[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.
