[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:
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.
Any service tier, which includes the retransmission of local
television broadcast signals as defined by the FCC.
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.
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.
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.
A.
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.
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 and relocate its equipment, at
the expense of the company.
C.
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.
D.
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.
A.
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.
B.
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.
C.
The company shall use every reasonable effort to meet or exceed voluntary
standards for telephone accessibility developed by the National Cable
Television Association (NCTA).
D.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
