[Editor's Note: Prior ordinance history: Ordinance Nos.
88-77, 97-43, 98-26 and 2000-3.]
[Ord. #2008-20, § 1, 11-24-08]
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.
[Ord. #2008-20, § 2, 11-24-08]
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 C.F.R. Subsection 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:
Shall mean Chapter 186 of the General Laws of New Jersey,
and subsequent amendments thereto, N.J.S.A. 48:5A-1 et seq.
Shall mean the Company's Application for Renewal of
Municipal Consent.
Shall mean any service tier, which includes the retransmission
of local television broadcast signals as defined by the FCC.
Shall mean the Board of Public Utilities, State of New Jersey.
Shall mean the grantee of rights under this Ordinance and
is known as Comcast of Garden State, L.P.
Shall mean the Federal Communications Commission.
Shall mean the Office of Cable Television of the Board.
Shall consist 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.
Shall mean the Township of Cherry Hill, County of Camden,
State of New Jersey.
[Ord. #2008-20, § 3, 11-24-08]
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.
[Ord. #2008-20, § 4, 11-24-08]
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 with a 10-year automatic renewal as
provided by N.J.S.A. 48:5A-19 and 25, and N.J.A.C. 14:18-13.6.
In the event that the municipality shall fined 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 noncompliance and an opportunity
to cure same within ninety (90) days of that notification.
[Ord. #2008-20, § 5, 11-24-08]
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 (2%) percent 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 permitted by the Act or otherwise allowable by law,
whichever is greater.
[Ord. #2008-20, § 6, 11-24-08]
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.
[Ord. #2008-20, § 7, 11-24-08]
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. Any extension of plant
beyond the Primary Service Area shall be governed by the Company's
Line Extension Policy of thirty-five (35) homes per mile.
[Ord. #2008-20, § 8, 11-24-08]
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 relocated 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 cables of the
Company. Such trimming shall be only to the extent necessary to maintain
proper clearance of the Company's wire and cables.
[Ord. #2008-20, § 9, 11-24-08]
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.
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 municipality
to express any comment with respect to telephone accessibility to
the Complaint Officer, or to impair the right of the Complaint Officer
to take any action that is permitted under law.
[Ord. #2008-20, § 10, 11-24-08]
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.
[Ord. #2008-20, § 11, 11-24-08]
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 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.
[Ord. #2008-20, § 12, 11-24-08]
During the life of the franchise the Company shall give to the
municipality a bond in the amount of twenty-five thousand ($25,000.00)
dollars. 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.
[Ord. #2008-20, § 13, 11-24-08]
The rates of the Company shall be subject to regulations permitted
by Federal and State law.
[Ord. #2008-20, § 14, 11-24-08]
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 police, fire, emergency management
facility and public library in the municipality, provided the facility
is located within one hundred seventy-five (175') feet of active
cable distribution plan. 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.
c.
The Company will provide a nonstandard installation of Total Preferred
cable television service to the Municipal Public Works facility at
1 Perina Boulevard at the cost of the Company.
d.
The Company shall provide free basic internet service, via high-speed
cable and modem, to one (1) non-networked personal computer in each
qualified existing and future school in the municipality, public and
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.
e.
The Company shall provide free basic internet access via high-speed
cable and modem on one (1) non-networked personal computer in each
qualified existing and future public library at no charge provided
the facility is located within one hundred seventy-five (175')
feet of active cable distribution plant. The internet shall be installed
on a personal computer that is accessible to library patrons and not
for administrative use only.
f.
Within twelve (12) months of receipt of a Renewal Certificate of
Approval, the Company shall provide the Township with a one-time technology
grant in the amount of one hundred seventy-seven thousand ($177,000.00)
dollars for the Township's cable and technology related needs.
[Ord. #2008-20, § 15, 11-24-08]
a.
The Company will continue to provide one (1) channel for educational
and governmental ("EG") access for the residents of Cherry Hill Township.
The Governing Body of Cherry Hill Township or a designated educational
institution shall provide educational access video programming. The
Governing Body of Cherry Hill Township shall provide government access
video programming. Unused capacity may be utilized by the Company
subject to the provisions for "fallow time" below.
b.
The Company will provide a governmental access channel upon the written
request by the Township, provided that utilization of the existing
educational and governmental access channel exceeds ten (10) hours
per week of original, nonduplicated, noncommercial, first-run, locally
produced, full motion governmental video programming over a period
of twelve (12) consecutive weeks. Comcast shall activate the government
channel within twelve (12) months of the written request by the municipality.
The request for activation shall not occur prior to receipt of the
Certificate of Approval from the New Jersey Board of Public Utilities.
The Township must demonstrate the capability to fully program the
government channel prior to requesting activation.
The Company shall construct a dedicated fiber optic return line
to the Township Municipal Building at 820 Mercer Street in Cherry
Hill for the purpose of cablecasting live and/or recorded programming
on the government access channel. The Company will not be responsible
for providing or for the maintenance of any studio equipment used
for the access channel, including but not limited to cameras, editing
decks, monitors, character generators, etc.
c.
The Company does not relinquish its ownership of or ultimate right
of control over a channel by designating it for EG use. An EG access
user—whether an educational or government user—acquires
no property 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.
d.
The Company shall not exercise editorial control over any educational
or governmental use of channel capacity, except the Company may refuse
to transmit any educational or governmental access program or portion
of an educational or governmental access program that contains obscenity,
indecency, or nudity.
e.
The Governing Body of Cherry Hill Township shall be responsible for
developing, implementing, and enforcing rules for EG Access Channel.
f.
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.
g.
Government Access. Government access shall mean noncommercial use
by the Governing Body of Cherry Hill Township for showing the public
local government at work.
h.
Company Use of Fallow Time. Because blank or underutilized EG channels
are not in the public interest, in the event the municipality or other
EG access users elect not to fully program their EG access channel,
Company may program unused time on those channels (at its discretion
and for any purpose), subject to reclamation by the municipality upon
no less than sixty (60) days written notice.
i.
Indemnification. The municipality shall indemnify the 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 municipality's rules for or administration
of access.
[Ord. #2008-20, § 16, 11-24-08]
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.
[Ord. #2008-20, § 16, 11-24-08]
The Company shall at all times maintain a comprehensive general
liability insurance policy with a single limit amount of one million
($1,000,000.00) dollars 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 ($5,000,000.00)
dollars.
[Ord. #2008-20, § 17, 11-24-08]
All of the statements and commitments contained in the Application
or annexed thereto and incorporated therein, and any amendment 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 and
Federal law.
[Ord. #2008-20, § 19, 11-24-08]
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 provisions
of this Ordinance subject to the provisions of N.J.A.C. 14:17-6.7.
[Ord. #2008-20, § 20, 11-24-08]
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.
[Ord. #2008-20, § 21, 11-24-08]
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.
[Ord. #2008-20, § 22, 11-24-08]
This Ordinance shall take effect immediately upon issuance of
a Renewal Certificate of Approval from the BPU.
