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City of Plainfield, NJ
Union County
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[MC 2015-36 § 1, October 13, 2015]
The Municipality hereby grants to Comcast 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.
[1]
Editor's Note: The term "Ordinance" has been retained throughout this chapter.
[MC 2015-36 § 2, October 13, 2015]
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 ("FCC") rules and regulations, 47 CFR 76.1 et seq., and the Cable Communications Policy Act, 47 U.S.C. Section 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:
CITY OR MUNICIPALITY
Is the City of Plainfield, County of Union, State of New Jersey.
COMPANY
Is the grantee of rights under this Ordinance and is known as Comcast of Plainfield, LLC.
ACT OR CABLE TELEVISION ACT
Is Chapter 186 of the General Laws of New Jersey, and subsequent amendments thereto, N.J.S.A. 48:5A-1, et seq.
FCC
Is the Federal Communications Commission.
BOARD OR BPU
Is the Board of Public Utilities, State of New Jersey.
OFFICE OR OCTV
Is the Office of Cable Television of the Board.
BASIC CABLE SERVICE
Means any service tier, which includes the retransmission of local television broadcast signals as defined by the FCC.
APPLICATION
Is the Company's Application for Renewal of Municipal Consent.
PRIMARY SERVICE AREA OR PSA
Consists of the area of the Municipality currently served with existing plant as set forth in the map annexed to the Company's Application for Municipal Consent.
[MC 2015-36 § 3, October 13, 2015]
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.
[MC 2015-36 § 4, October 13, 2015]
The non-exclusive Municipal Consent granted herein shall expire fifteen (15) years from the date of expiration of the previous Certificate of Approval issued by the Board.
In the event that the Municipality shall find that the Company has not substantially complied with the material terms and conditions of this Ordinance, 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 non-compliance and an opportunity to cure same within ninety (90) days of that notification.
[MC 2015-36 § 5, October 13, 2015]
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 two percent (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 required by the Act or otherwise allowable by law, whichever is greater.
The current franchise fee amount for the City is 3.5% pursuant to N.J.S.A. 48:5A-30(d).
[MC 2015-36 § 6, October 13, 2015]
The consent granted under this Ordinance to the renewal of the franchise shall apply to the entirety of the Municipality and any property subsequently annexed hereto.
[MC 2015-36 § 7, October 13, 2015]
The Company shall be required to proffer service to any residence or business along any public right-of-way in the Primary Service Area, as set forth in the Company's Application. The Company's Line Extension Policy, as set forth in the Company's Application, shall govern any extension of plant beyond the Primary Service Area.
[MC 2015-36 § 8, October 13, 2015]
(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.
[MC 2015-36 § 9, October 13, 2015]
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.
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.
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.
The Company shall use every reasonable effort to meet or exceed voluntary standards for telephone accessibility developed by the National Cable Television Association (NCTA).
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.
[MC 2015-36 § 10, October 13, 2015]
The Office of Cable Television is hereby designed 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.
[MC 2015-36 § 11, October 13, 2015]
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.
[MC 2015-36 § 12, October 13, 2015]
During the life of the franchise the Company shall give to the Municipality a bond in the amount of Twenty-Five Thousand Dollars ($25,000.00). 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.
[MC 2015-36 § 13, October 13, 2015]
The rates of the Company shall be subject to regulation as permitted by Federal and State law.
[MC 2015-36 § 14, October 13, 2015]
The Company shall continue to provide a system-wide leased access channel maintained by the Company for the purpose of cablecasting commercial access programming in conformance with the Company's guideline and applicable State and Federal statutes and regulations.
The Company shall continue to provide a dedicated local access channel maintained by the Company for the purpose of cablecasting non-commercial access programming in conformance with the Company's guideline and applicable State and Federal statutes and regulations.
The Communications Act of 1934, as amended (47 U.S.C. § 543(b)(4)), allows the Company to itemize and/or identify the amount on the monthly bill assessed to satisfy any requirements imposed on the Company by the cable franchise to support public, educational, and governmental channels, or the use of such channels or any other services required under the franchise. The Company reserves its external cost, pass-through rights to the extent permitted by law.
[MC 2015-36 § 15, October 13, 2015]
The Company shall provide standard installation and basic cable television service on one (1) outlet at no cost to each school in the Municipality, public and private, elementary, intermediate and secondary, including State approved charter schools, provided the school is within 200 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 except for equipment.
The Company shall provide standard installation and basic cable television service at no cost on one (1) outlet to the following municipal facilities: each police, fire, emergency management facility and public library in the Municipality, City Hall and City Hall Annex, public works main facility and municipal community centers, provided each facility is located within 200 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 except for equipment.
The Company shall continue to provide free basic Internet Service, via high speed modem, to one non-networked personal computer in each school in the City, public and private, elementary, intermediate and secondary, provided each facility is within 200 feet of active cable distribution plant.
With one-year of written request from the City, the Company shall make available, at no cost to the City, a dedicated educational access channel ("educational access channel") and return line to be maintained by the Company for the purpose of cablecasting non-commercial educational access programming in conformance with the Company's guidelines and applicable State and Federal statutes and regulations. In addition, the Company will provide, at no cost to the City, a second origination site return line for the education access channel to be constructed within one-year of the activation of the first origination site return line. All return lines must be within 200 feet of active cable distribution plant.
Within 6 months of the issuance of the renewal Certificate of Approval by the Board, the Company will provide a one-time access related technology grant in the amount of $100,000.
The Company shall provide an additional grant of $75,000 in support of cable related and communications programs, or needs as otherwise determined by the Township, which grant shall be payable in annual installments, in the amount of $5,000 per year for the term of the franchise. Payment will be due on May 1, of each year of the term of the franchise.
The Company shall continue to make available to the City, the Company's mobile production vehicle for the purpose of producing non-commercial community, governmental or educational access programming, consistent with the Company's written rules and regulations concerning the use of the mobile production vehicle and to the extent that such mobile production vehicle is offered by the company.
The Company shall continue to periodically provide training for individuals and organizations that assist in the production of programming for the channels provided herein to the extent that such training is offered by the company.
Company representative shall appear upon reasonable written request of the Borough, at a public hearing of the Mayor and Council or before the Borough's Cable Television Advisory Committee, to discuss matters pertaining to the provision of cable service to residents of the City and other related issues as the City and Company may see fit.
[MC 2015-36 § 16, October 13, 2015]
The Company will comply with the Emergency Alert System ("EAS") rules in accordance with applicable State and Federal statutes and regulations.
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.
[MC 2015-36 § 17, October 13, 2015]
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.
[MC 2015-36 § 18, October 13, 2015]
All of the statements and commitments contained in the Application or annexed thereto and incorporated therein, and any amendments thereto, except as modified herein, are binding upon the Company as terms and conditions of this consent. The Application and other relevant writings submitted by the Company shall be annexed hereto and made a part hereof by reference provided same do not conflict with applicable State or Federal law.
[MC 2015-36 § 19, October 13, 2015]
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 Ordinance subject to the provisions of N.J.A.C. 14:17-6.7.
[MC 2015-36 § 20, October 13, 2015]
If any section, subsection, sentence, clause, phrase or portion of this Ordinance 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 validity or unconstitutionality shall not affect the validity of the remaining portions of the Ordinance.
[MC 2015-36 § 21, October 13, 2015]
Nothing in this franchise or in any prior agreement is or was intended to confer third-party beneficiary status on any member of the public to enforce the terms of such agreements or franchise.
[MC 2015-36 § 22, October 13, 2015]
This Ordinance shall take effect immediately upon issuance of a Renewal Certificate of Approval from the BPU.