[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.
[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:
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.
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.