[HISTORY: Adopted by the Township Committee of the Township of Winslow 2-19-08 as Ord. No. 0-1-08. Amendments noted where applicable.]
The municipality hereby grants to the company renewal of its nonexclusive municipal consent to place in, upon, along, across, above, over and under the 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 municipality of a cable television system and cable communications system.
For the purpose of this chapter, 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 given by the Federal Communications Commission (F.C.C.) Rules and Regulations, 47 C.F.R. Subsection 76.1 et seq., and the Cable Communications Policy Act, 47 U.S.C. § 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 Federal or State definitions:
- ACT OR CABLE TELEVISION ACT
- Chapter 186 of the General Laws of New Jersey, and subsequent amendment thereto, Section 48:5A-1 et seq.
- The Company's Application for Renewal of Municipal Consent.
- BASIC CABLE SERVICE
- Any service tier, which includes the retransmission of local television broadcast signals as defined by the FCC.
- BOARD OR BPU
- The Board of Public Utilities, State of New Jersey.
- The grantee of rights under this Ordinance, which is known as Comcast of South Jersey, L.L.C.
- The Federal Communications Commission.
- PRIMARY SERVICE AREA OR PSA
- The area of the municipality currently served with existing plant as set forth in the map annexed to the Company's Application for Renewal of Municipal Consent.
- TOWNSHIP OR MUNICIPALITY
- The Township of Winslow, County of Camden, State of New Jersey.
A public hearing conducted by the municipality concerning the renewal of municipal consent herein granted to the company was held after proper public notice pursuant to the terms and conditions of the Act and the regulations of the Board adopted pursuant thereof. Said hearing, having been held and fully open to the public, and the municipality having received 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.
The nonexclusive municipal consent herein granted 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 chapter, 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 noncompliance and an opportunity to cure same within ninety (90) days of said notification.
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 to its cable television reception service in the municipality or any amount permitted by the Act or otherwise allowable by law, whichever is greater.
The consent granted herein for the renewal of the franchise shall apply to the entirety of the Township of Winslow and any property subsequently annexed thereto.
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 for renewal. Any extension of plant beyond the primary service area shall be governed by the Company's Line Extension Policy, as set forth in the company's application.
Restoration. In the event that the company or its agents shall disturb any pavement, street surfaces, sidewalks, driveways or other surfaces in the natural topography, the company shall at its sole expense restore and replace such places or things so disturbed in as good condition as existed prior to the commencement of said work.
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 and relocate its equipment, at the expense of the company.
Temporary removal of cables. The company shall temporarily move or remove appropriate parts of its facilities to allow for the moving of buildings, and machinery, or in other similar circumstances. The expense shall be borne and paid for not less than forty-eight (48) hours in advance by the party requesting such action, except when requested by the municipality, in which case the company shall bear the cost.
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 and public places of the municipality so as to prevent the branches of such trees from coming in contact with the wires and cables of the company. Such trimming shall be only to the extent necessary to maintain proper clearance for the company's wires and cables.
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 Township 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 township 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.
The Office of Cable Television is hereby designated as the Complaint Officer for the township, 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 township shall have the right to request copies of records and reports pertaining to complaints by township customers from the OCTV.
During the term of this franchise, and any renewal thereof, the company shall maintain a local 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 local 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.
During the life of the franchise the company shall to the township a bond in the amount of twenty-five thousand dollars ($25,000.). Such bond shall be to insure the faithful performance of all undertakings of the company as represented in its application and incorporated herein.
The rates of the company shall be subject to regulation as permitted by Federal and State law.
The company shall provide Total Preferred cable television service on one (1) outlet at no cost to each school in the municipality, public and private, elementary, intermediate and secondary, provided the school is within one hundred seventy-five (175) 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.
The company shall provide Total Preferred cable television service at no cost on one (1) outlet to each municipal police, fire, emergency management facility, municipally owned and operated senior and/or community center and public library in the township, provided the facility is located within one hundred seventy-five (175) feet of active cable distribution plant. Each additional outlet installed, if any, shall be paid for on a materials plus labor basis by the township. Monthly service charges shall be waived on all additional outlets.
The company shall provide free basic Internet service, via high-speed cable modem, to one (1) non-networked personal computer in each qualified existing and future public school in the township, public or private, elementary, intermediate and secondary, at no charge provided the facility is located within one hundred seventy-five (175) feet of active cable distribution plant. The Internet service shall be installed on a personal computer that is accessible to the students and not for administrative use only.
The company shall provide free basic Internet access via high-speed cable modem on one (1) non-networked personal computer in each qualified existing and future public library, senior center with library area, and community center with library area at no charge provided the facility is located within one hundred seventy-five (175) feet of the active cable distribution plant. The Internet service shall be installed on a personal computer that is accessible to library patrons and not for administrative use only.
Within six (6) months of receipt of a Renewal Certificate of Approval (COA), the company shall provide the township with a one-time technology grant in the amount of thirty thousand dollars ($30,000.) for cable or technically related needs.
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 township or any other person, during an emergency, if for any reason the township is unable to make full use of the cable television system as contemplated herein.
The company will continue to provide one (1) channel for governmental access (G) and educational access (E) for the shared use by the residents of Winslow Township, Buena Vista Township, Borough of Chesilhurst, Borough of Folsom, Monroe Township and Waterford Township (collectively, "Municipalities") on the most basic tier of service offered by the company in accordance with the Cable Act, Section 611, and as further set forth below. Government video programming shall be provided by the governing bodies of Winslow Township, Buena Vista Township, Borough of Chesilhurst, Borough of Fulsom, Monroe Township and Waterford Township.
The company does not relinquish its ownership of or ultimate right of control over a channel by designating it for use. A G access user acquires no property right or other interest by virtue of the use of a channel so designated, and may not rely on the continued use of a particular channel number, no matter how long the same channel may have been designated for such use. In the event it becomes necessary to change the designated channel number, company shall provide thirty (30) days prior written notice and will make reasonable efforts to assist the Municipalities in publicizing any such change.
The company shall not exercise editorial control over governmental use of channel capacity, except that the company may refuse to transmit any governmental access program or portion of a governmental access program that contains obscenity, indecency, or nudity. The company shall defend, indemnify and save the municipalities harmless from any liability, loss, or damage arising out of company's refusal to transmit any governmental access program or portion of a governmental access program that contains obscenity, indecency, or nudity.
The governing bodies of Winslow Township, Buena Vista Township, Borough of Chesilhurst, Borough of Folsom, Monroe Township and Waterford Township shall be responsible for developing, implementing and enforcing rules for the G access channel.
Educational access. "Educational access" shall mean noncommercial use by educational institutions such as public or private schools, but not "home schools," community colleges, and universities.
Governmental access. "Government access" shall mean noncommercial use by the governing bodies of Winslow Township, Buena Vista Township, Borough of Chesilhurst, Borough of Folsom, Monroe Township and Waterford Township showing the public local government at work.
Indemnification by Municipalities. The municipalities shall indemnify company for any liability, loss or damage it may suffer due to violation of the intellectual property rights of third parties on the EG channel and from claims arising out of the municipalities' rules for or administration of access.
The company shall at all times maintain at its sole expense a comprehensive general liability policy with a single limit of one million dollars ($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 five million dollars ($5,000,000.). The company shall ensure that the municipality is named as an additional insured on all such policies.
All of the commitments and statements contained in the application or annexed thereto and incorporated therein, and the 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 State or Federal law.
Should the township 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 chapter subject to the provisions of N.J.A.C. 14:17-6.7.
If any section, subsection, sentence, clause, phrase or portion of this chapter 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 such holding shall not affect the validity of the remaining portions thereof.
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.