[Ord. #1137, S1]
The purpose of this chapter is to issue a municipal consent and to grant to TCI of Northern New Jersey, Inc. a non-exclusive franchise 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, in accordance with the power granted by N.J.S.A. 48:5A-22, allowing the municipality to grant the authority to one (1) or more cable TV companies to operate in the borough, consistent with Federal and State regulations. The Borough of Bogota reserves the right to grant a similar use of said public ways and places to any person at any time during the period of this franchise.
[Ord. #1137, S2]
For the purposes 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 CFR 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:
Municipality shall mean the Borough of Bogota, County of Bergen, State of New Jersey.
Company shall mean the grantee of rights under this chapter and is known as TCI of Northern New Jersey, Inc.
Act or Cable Television Act shall mean Chapter 186 of the General Laws of New Jersey, and subsequent amendment thereto, N.J.S.A. 48:5A-1 et seq.
[Ord. #1137, S3]
A public hearing concerning the consent herein granted to the company was held after proper public notice pursuant to the terms and conditions of the Act. The hearing was fully open to the public, and the municipality received all comments regarding the qualifications of the company to receive this consent. The mayor and council 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. #1137, S4]
The consent hereby granted shall become effective as of the date of the expiration of the current franchise, and shall expire ten (10) years from such effective date.
[Ord. #1137, S5]
The consent hereby granted to the company shall apply to the entirety of the municipality and any property hereafter annexed.
[Ord. #1137, S6]
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 to its cable television reception service in the municipality or any amount permitted by the Cable Television Act or otherwise allowable by law.
Said fee shall become operative upon the effective date hereof and shall remain in effect during the term herein specified, unless amended as herein provided.
The borough reserves the right to charge such increased annual fee as may at any time hereafter be authorized by statute, or to petition for an increase in such franchise fee, as provided in N.J.S.A. 48:5A-30(c).
[Ord. #1137, S7]
All of the commitments and statements contained in the application and any amendment thereto submitted in writing to the municipality by the company except as modified herein, are binding upon the company as terms and conditions of this consent. The application and any other relevant writings submitted by the company shall be annexed hereto and made a part hereof by reference as long as same does not conflict with State or Federal law.
[Ord. #1137, S8]
The company will complete a system upgrade to provide the capability for up to one hundred fifteen (115) channels of standard cable, as well as an array of future digital capabilities. The municipality requires the company provide a proposal for the upgrade by January 1, 1998, calling for the completion of the proposed upgrade by January 1, 2000.
[Ord. #1137, S9]
The company shall provide free of charge the installation of one (1) outlet and expanded basic monthly service to: all schools in Bogota, the Bogota First Aid Squad, Bogota Rescue Squad, Bogota Public Library/Senior Citizens' Center, the Bogota Police Headquarters, the conference room in Borough Hall, and the Bogota Fire Houses. Each additional outlet installed, if any, shall be paid for by the institution requesting the same on a materials plus labor basis. Monthly service charges shall be charged at the regular tariffed rates for additional outlets.
[Ord. #1137, S10]
The company shall provide the equipment listed below for public, educational, or governmental use:
[Ord. #1137, S11]
The company agrees that it will provide such programming and services consistent with the company's application, as herein defined, and any additional services that the company believes are in the public interest and in compliance with applicable law.
The company shall at all times during its operation furnish to its subscribers the best possible signals available under then-existing conditions, and in accordance with all applicable State and/or Federal regulations. The company shall maintain all parts of the system in good working order at all times, and shall respond to all service calls and correct malfunctions as promptly as possible, on a seven (7) day per week basis.
[Ord. #1137, S12]
The company shall be required to proffer service along any public right-of-way to any person's residence or business located in all areas of the franchise territory described herein, at tariffed rates for standard or non-standard installation.
[Ord. #1137, S13]
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.
[Ord. #1137, S13]
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.
[Ord. #1137, S13]
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 by the party requesting such action, except when requested by the municipality, in which case the company shall bear the cost.
[Ord. #1137, S13]
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 facilities.
[Ord. #1137, S14]
The company shall provide access time to the Mayor and Council of the Borough of Bogota on its local access channel for governmental programming including the airing of the meetings of the mayor and council and other borough activities.
[Ord. #1137, S15]
The company shall be required to have the capability to override the audio portion of the system in order to permit the broadcasting of emergency messages by the municipality. 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. The municipality shall establish reasonable procedures for such emergency uses.
[Ord. #1137, S16]
During the term of this franchise, the company shall maintain a local business office or agent for the purpose of receiving, investigating, and resolving all complaints regarding the quality of service, equipment malfunctions, and similar matters. Such local business office shall be open during normal business hours, and in no event less than 9:00 a.m. to 5:00 p.m., Monday through Friday, and shall have a listed telephone number. The company shall maintain a staff sufficiently competent to provide adequate and prompt service to subscribers, as prescribed in N.J.S.A. 48:5A-26(d).
[Ord. #1137, S17]
The Office of Cable Television is hereby designated 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.
[Ord. #1137, S18]
The rates of the company shall be subject to regulation as permitted by Federal and State law.
[Ord. #1137, S19]
During the life of the franchise the company shall give a bond to the municipality, which bond shall be 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 and incorporated herein.
[Ord. #1137, S20]
The municipality and the company acknowledge that the company has filed a motion seeking a confidentiality order. The parties have not been able to reach an agreement on the relief sought and reserve all rights to litigate the issues raised in the motion.
[Ord. #1137, S21]
Prior to the commencement of construction or construction or the acceptance of any subscriptions, the company shall provide the borough with certificates evidencing insurance naming the municipality as an insured, and insuring against liability for any death, personal injury, property damage, or other liability arising out of the company's construction and operation of its CATV system. The company agrees to maintain and keep in full force and effect, at its sole expense, during the term of this franchise, minimum insurance of five hundred thousand ($500,000.00) dollars for bodily injury or death as to any one (1) person, one million ($1,000,000.00) dollars for bodily injury or death resulting from any one (1) accident, and one hundred thousand ($100,000.00) dollars for property damage.
[Ord. #1137, S22]
The mayor and council recognize that State law allows, but does not mandate, reduced or discounted rates for the elderly or the disabled. The mayor and council request that the company institute a discount rate for persons who meet the income and residence requirements of the Pharmaceutical Assistance to the Aged and Disabled, pursuant to N.J.S.A. 30:4D-21.
[Ord. #1137, S23]
Should any Federal or State agency having jurisdiction modify, change, or alter any of its provisions with respect to the subject matter of this chapter, such modifications, changes, and alterations shall be incorporated into this consent, consistent with the applicable dates specified as to any such change.
[Ord. #1137, S24]
All ordinances or parts of ordinances that are inconsistent with the provisions of this chapter are hereby repealed, but only to the extent of such inconsistencies.
[Ord. #1137, S25]
The provisions of this chapter are severable. If any part of this chapter is declared to be unconstitutional or invalid by any court or State agency of competent jurisdiction, the remaining parts of this Ordinance will remain in full force and effect.
[Ord. #1137, S26]
This municipal consent shall become effective as of the date upon which the municipality received written notification that the company accepts the terms and conditions hereof.