Editor's Note: Prior ordinance history: Ordinance
No. 1543.
[Ord. No. 2018-1822, Preamble;
amended 4-5-2018 by Ord. No. 1827]
a. The governing body of the Township of Mahwah (hereinafter referred
to as the "Township") determined that Cablevision of Rockland/Ramapo,
LLC, (hereinafter referred to as "the Company" or "Cablevision") had
the technical competence and general fitness to operate a cable television
system in the Township, and by prior ordinance granted its municipal
consent for Cablevision to obtain a nonexclusive franchise (the "Franchise")
for the placement of facilities and the establishment of a cable television
system in the Township; and
b. By application for renewal consent filed with the Township and the
Office of Cable Television on or about May 11, 2016, Cablevision has
sought a renewal of the Franchise; and
c. The Township having held public hearings has made due inquiry to
review Cablevision's performance under the Franchise, and to
identify the Township's future cable-related needs and interests
and has concluded that Cablevision has substantially complied with
its obligations under the Franchise and applicable law and has committed
to certain undertakings responsive to the Township's future cable-related
needs and interests;
d. The governing body of the Township has accordingly concluded that
the consent should be renewed subject to the requirements set forth
below; and that, provided Cablevision's proposal for renewal
embodies the commitments set forth below, the Township's municipal
consent to the renewal of the Franchise should be given; and
e. Imposition of the same burdens and costs on other competitors franchised
by the Township is a basic assumption of the parties;
f. Now, therefore, be it ordained by the Mayor and Council of the Township
Mahwah, County of Bergen, and State of New Jersey, as follows.
[Ord. No. 2018-1822, § 1;
amended 4-5-2018 by Ord. No. 1827]
For the purpose of this chapter, the terms defined above shall
have the meanings there indicated, and the following additional terms
shall have the following meanings:
ACT or CABLE TELEVISION ACT
That statute of the State of New Jersey relating to cable
television, known as the Cable Television Act, N.J.S.A. 48:5A-1 et
seq.
APPLICATION
Cablevision's application for Renewal of Municipal Consent,
which application is on file in the Township Clerk's office and
is incorporated herein by reference and made a part hereof, except
as modified, changed, limited or altered by this chapter.
BOARD
The Board of Public Utilities of the State of New Jersey
or its successor agency.
COMPANY
Cablevision of Rockland/Ramapo, LLC ("Cablevision") the grantee
of rights under this chapter.
FCC
The Federal Communications Commission.
FEDERAL ACT
That federal statute relating to cable communications commonly
known as the Cable Communications Policy Act of 1984, 47 U.S.C. § 521
et seq. and the Telecommunications Act of 1996, or as those statutes may be amended.
FEDERAL REGULATIONS
Those federal regulations relating to cable television services,
47 C.F.R. 76.1 et seq. (and, to the extent applicable, any other federal
rules and regulations relating to cable television, including but
not limited to, those described in 47 C.F.R. 76.3), or as such regulations
may be amended.
STANDARD INSTALLATION
The installation of drop cable to a customer's premises
where the distance from the point of entry into the building being
served is less than 150 feet from the active cable television system
plant.
STATE
The State of New Jersey.
STATE REGULATIONS
Those regulations of the State of New Jersey Board of Public
Utilities relating to cable television, N.J.A.C. 14:17-1.1 et seq.
and N.J.A.C. 14:18-1 et seq., or as such regulations may be amended.
TOWNSHIP
The governing body of the Township of Mahwah in the County
of Bergen, and the State of New Jersey.
[Ord. No. 2018-1822, § 2;
amended 4-5-2018 by Ord. No. 1827]
A public hearing concerning the consent herein granted to Cablevision
was held after proper public notice pursuant to the terms and conditions
of the Act. Said hearing having been held and fully open to the public,
and the municipality having received all comments regarding the qualifications
of Cablevision to receive this consent, the Township hereby finds
Cablevision possesses the necessary legal, technical, character, financial
and other qualifications to support municipal consent, and that Cablevision's
operating and construction arrangements are adequate and feasible.
[Ord. No. 2018-1822, § 3;
amended 4-5-2018 by Ord. No. 1827]
The Township hereby grants to Cablevision its nonexclusive consent
to place in, upon, along, across, above, over, and under its 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 Township of a cable television system
or other communications facility, and for the provision of any communication
service over such facilities. Operation and construction, pursuant
to said consent, is conditioned upon prior approval of the Board of
Public Utilities.
[Ord. No. 2018-1822, § 4;
amended 4-5-2018 by Ord. No. 1827]
This consent granted herein shall be nonexclusive and shall
be for a term of 15 years from the date of issuance of a Certificate
of Approval by the Board.
[Ord. No. 2018-1822, § 5;
amended 4-5-2018 by Ord. No. 1827]
If Cablevision seeks successive consent, it shall, prior to
the expiration of this consent, apply for a municipal consent and
certificate of approval in accordance with N.J.S.A. 48:5A-16, and
applicable state and federal rules and regulations. In accordance
with N.J.S.A. 48:5A-25.1, both the Township and Cablevision shall
be bound by the terms of this municipal consent until such time as
Cablevision converts the municipal consent (and any certificate of
approval) into a system-wide franchise.
[Ord. No. 2018-1822, § 6;
amended 4-5-2018 by Ord. No. 1827]
The consent granted under this chapter to Cablevision shall
apply to the entirety of the Township and any property hereafter annexed.
[Ord. No. 2018-1822, § 7;
amended 4-5-2018 by Ord. No. 1827]
Cablevision shall be required to proffer video programming service
along any public right-of-way to any person's residence within
the portion of the Franchise territory, as described in the Application
for municipal consent, at Cablevision's schedule of rates for
standard and nonstandard installation.
[Ord. No. 2018-1822, § 8;
amended 4-5-2018 by Ord. No. 1827]
Commercial and residential entities will be proffered service
in accordance with the Company's line extension policy as identified
in the Application.
[Ord. No. 2018-1822, § 9;
amended 4-5-2018 by Ord. No. 1827]
Pursuant to the terms and conditions of the Cable Television
Act, Cablevision shall pay to the Township, as an annual franchise
fee, a sum equal to 2% of the actual gross revenues received from
all recurring charges in the nature of subscription fees paid by subscribers
for its cable television reception services in the Township. In the
event applicable law hereinafter permits a larger franchise fee to
be collected, but does not fix the amount thereof, the Township and
Cablevision shall negotiate in good faith with respect to the amount
thereof; provided, however, that nothing herein shall be construed
to permit the Township to require payment of a franchise fee by Cablevision
that is higher than the fee paid by all other cable television service
providers offering service in the municipality.
[Ord. No. 2018-1822, § 10;
amended 4-5-2018 by Ord. No. 1827]
a. Cablevision shall, upon written request, provide free of charge,
one standard installation and monthly cable television reception service
to all state or locally accredited public schools and all municipal
public libraries, as well as municipal buildings located within the
Township as provided in Exhibit A attached hereto.
b. Upon written request from the Township, the Company shall provide
to state and locally accredited elementary and secondary schools and
municipal public libraries in the Township, without charge, the following:
1) one standard installation per school or library; 2) one cable modern
per installation; and 3) basic cable modem service for the term of
this chapter for each installation. This offer shall be subject to
the terms, conditions and use policies of the Company, as those policies
may exist from time to time.
c. Upon written request from the Township, the Company shall provide
to one municipally owned facility, without charge, the following:
1) one standard installation; 2) one cable modem per installation;
and 3) basic cable modem service for the term of this chapter for
each installation. This offer shall be subject to the terms, conditions
and use policies of the Company as those policies may exist from time
to time.
[Ord. No. 2018-1822, § 11;
amended 4-5-2018 by Ord. No. 1827]
Cablevision shall perform construction and installation of its
plant and facilities in accordance with applicable state and federal
law. The Company shall be subject to the following additional construction
requirements with respect to the installation of its cable plant and
facilities in the Township:
a. In the event that the Company or its agents shall disturb any pavement,
street surfaces, sidewalks, driveways or other surfaces, the Company
shall at its sole expense restore and replace such disturbances in
as good a condition as existed prior to the commencement of said work.
b. 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 Township shall
remove or relocate its equipment, at its own expense.
c. Upon request of a person holding a building or moving permit issued
by the Township, the Company shall temporarily move or remove appropriate
parts of its facilities so as to permit the moving or erection of
buildings or for the performance of other work. The expense of any
such temporary removal or relocation shall be paid in advance to the
Company by the person requesting the same. In such cases, the Company
shall be given not less than 14 days' prior written notice in
order to arrange for the changes required.
d. During the exercise of its rights and privileges under this consent,
the Company shall have the authority to trim trees upon and overhanging
streets, alleys, sidewalks and public places of the Township so as
to prevent the branches of such trees from coming in contact with
the wires, cables, conduits and fixtures of the Company. Such trimming
shall be only to the extent necessary to maintain proper clearance
for the Company's facilities.
[Ord. No. 2018-1822, § 12;
amended 4-5-2018 by Ord. No. 1827]
Cablevision shall comply with the technical and customer service
standards established for the cable industry under applicable federal
and state laws, rules and regulations.
[Ord. No. 2018-1822, § 13;
amended 4-5-2018 by Ord. No. 1827]
Cablevision shall establish and maintain during the entire term
of this consent a local area business office or agent for the purpose
of receiving, investigating and resolving complaints regarding the
quality of service, equipment malfunctions and similar matters. Said
office shall be open daily during normal business hours, and in no
event less than 9:00 a.m. to 5:00 p.m., Monday through Friday, with
the exception of holidays.
[Ord. No. 2018-1822, § 14;
amended 4-5-2018 by Ord. No. 1827]
The Office of Cable Television is hereby designated as the complaint
officer for the Township pursuant to the provisions of N.J.S.A. 48:5A-26.
All complaints shall be reviewed and processed in accordance with
N.J.A.C. 14:17-6.5.
[Ord. No. 2018-1822, § 15;
amended 4-5-2018 by Ord. No. 1827]
Cablevision agrees to maintain and keep in force and effect
at its sole cost at all times during the term of this consent, sufficient
liability insurance naming the Township as an additional insured and
insuring against loss by any such claim, suit, judgment, execution
or demand in the minimum amounts of $500,000 for bodily injury or
death to one person, and $1,000,000 for bodily injury or death resulting
from any one accident or occurrence stemming from or arising out of
the Company's exercise of its rights hereunder.
[Ord. No. 2018-1822, § 16;
amended 4-5-2018 by Ord. No. 1827]
Cablevision shall obtain and maintain, at its sole cost and
expense, during the entire term of this Agreement, a bond to the municipality
in the amount of $25,000. Such bond shall be to insure the faithful
performance of its obligations as provided in this Franchise.
[Ord. No. 2018-1822, § 17;
amended 4-5-2018 by Ord. No. 1827]
a. The rates of the Company for cable television service shall be subject
to regulation to the extent permitted by federal and state law.
b. Cablevision shall implement a senior citizen discount in the amount
of 10% off the monthly broadcast basic level of cable television service
rate to any person 62 years of age or older, who subscribes to cable
television services provided by the Company, subject to the following:
1. Such discount shall only be available to eligible senior citizens
who do not share the subscription with more than one person in the
same household who is less than 62 years of age;
2. In accordance with N.J.S.A. 48:5A-11.2, subscribers seeking eligibility
for the discount must meet the income and residence requirements of
the Pharmaceutical Assistance to the Aged and Disabled program pursuant
to N.J.S.A. 30:4D-21;
3. The senior discount herein relates only to the broadcast basic level
of cable television service, and shall not apply to any additional
service, feature, or equipment offered by the Company, including any
premium channel services and pay-per-view services; and
4. Senior citizens who subscribe to a level of cable television service
beyond expanded basic service, including any premium or per channel
a la carte service, shall not be eligible for the discount.
c. The Company shall have no further obligation to provide the senior
discount herein in the event that a) the Company converts the municipal
consent granted herein to a system-wide franchise in accordance with
N.J.S.A. 48:5A-25.1; or b) upon Board approval of a certification
that another cable television service provider offering services to
residents of the Township files, in accordance with N.J.S.A. 48:5A-30(d),
is capable of serving 60% or more of the households within the Township.
In the event the Company does cease providing a senior discount pursuant
to this provision, it shall comply with all notice requirements of
applicable law.
[Ord. No. 2018-1822, § 18;
amended 4-5-2018 by Ord. No. 1827]
Cablevision 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 Township pursuant to state and federal
requirements. 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 municipality is unable to make full use of the
cable television system as contemplated herein. The Township shall
utilize the state-approved procedures for such emergency uses.
[Ord. No. 2018-1822, § 19;
amended 4-5-2018 by Ord. No. 1827]
a. In the event that the service of another multichannel video program
provider not subject to the Township's regulatory authority within
the Township creates a significant competitive disadvantage to Cablevision,
the Company shall have the right to request from the Township lawful
amendments to its Franchise that relieve it of burdens which create
the unfair competitive situation. Should the Company seek such amendments
to its Franchise, the parties agree to negotiate in good-faith appropriate
changes to the Franchise in order to relieve the Company of such competitive
disadvantages. If the parties can reach an agreement on such terms,
the Township agrees to support the Company's petition to the
Board for modification of the consent in accordance with N.J.S.A.
48:5A-47 and N.J.A.C. 14:17-6.7.
b. If the parties are unable to reach an agreement on appropriate amendments
to the franchise, the Township acknowledges that the Company shall
have the right to petition the Board directly for such amendments
in accordance with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7; provided,
however, the Township shall be under no obligation to support Cablevision's
request for such relief from the Board.
c. In any subsequent municipal consent, Township shall require, at a
minimum, the same terms and conditions of any other provider of multichannel
video programming subject to the Township's regulatory authority
as those contained in the instant consent. In the event such subsequent
consent does not contain the same terms and conditions as the instant
consent, Township agrees to support the Company's petition to
the Board for modification of the consent in accordance with N.J.S.A.
48:5A-47 and N.J.A.C. 14:17-6.7 to relieve the Company of competitive
disadvantages identified in the Company's petition.
[Ord. No. 2018-1822, § 20;
amended 4-5-2018 by Ord. No. 1827]
Upon expiration, termination or revocation of this chapter,
Cablevision, at its sole cost and expense and upon direction of the
Board, shall remove the cables and appurtenant devices constructed
or maintained in connection with the cable services authorized herein,
unless Cablevision, its affiliated entities or assignees should, within
six months after such expiration, termination or revocation obtain
certification from the FCC to operate an open video system or any
other federal or state certification to provide telecommunications.
[Ord. No. 2018-1822, § 21;
amended 4-5-2018 by Ord. No. 1827]
a. Cablevision shall continue to make available noncommercial public,
educational and governmental (PEG) access services available to the
residents of the Township as described in the Application for municipal
consent. All Cablevision support for PEG access shall be for the exclusive
benefit of Cablevision's subscribers.
b. The Township agrees that Cablevision shall retain the right to use
the PEG access channel, or portion thereof, for non-PEG access programming,
during times when the Township is not utilizing the channel for purposes
of providing PEG access programming. In the event that the Company
uses said PEG access channel for the presentation of such other programming,
the PEG programming shall remain the priority use and the Company's
rights with respect to using the channel for non-PEG programming shall
be subordinate to the Township's provision of PEG access programming
on such channel.
c. Cablevision shall have discretion to determine the format and method of transmission of the PEG access programming provided for in this §
18-22.
d. In consideration for the rights granted in this chapter, Cablevision
shall provide the Township with: 1) an initial grant payment of $40,000
payable within 60 days of the issuance of the Certificate of Approval
by the Board of Public Utilities (the "Initial Grant"); and 2) a grant
up to $30,000 provided in annual installments of $5,000 each, upon
written request by the Township during the 2nd through 7th years of
the term of the Franchise (the "Annual Grant"). Each installment of
the Annual Grant shall be payable to the Township annually during
the term of this Franchise, within 60 days from receipt of the Township's
written request. Cablevision shall not be obligated to make any additional
payments beyond year seven of this Franchise term.
e. The Township agrees that the Initial Grant and the Annual Grant provided pursuant to Subsection
d shall be used by the Township for the exclusive support of PEG access programming, such as the purchase and/or rental of PEG access equipment and facilities. On request, the Township shall provide Cablevision with a certification of compliance with this §
18-22e.
f. The Company shall have no further obligation to provide any PEG grant
payments due and payable after the date upon which the Company converts
the municipal consent granted herein to a system-wide franchise in
accordance with N.J.S.A. 48:5A-25.1.
[Ord. No. 2018-1822, § 22;
amended 4-5-2018 by Ord. No. 1827]
All of the commitments contained in the Application and any
amendment thereto submitted in writing to the Township by the Company,
except as modified herein, are binding upon Cablevision as terms and
conditions of this consent. The Application and any other written
amendments thereto submitted by Cablevision in connection with this
consent are incorporated in this chapter by reference and made a part
hereof, except as specifically modified, changed, limited, or altered
by this chapter, or to the extent that they conflict with state or
federal law.
[Ord. No. 2018-1822, § 23;
amended 4-5-2018 by Ord. No. 1827]
This consent shall be construed in a manner consistent with
all applicable federal, state and local laws; as such laws, rules
and regulations may be amended from time to time.
[Ord. No. 2018-1822, § 24;
amended 4-5-2018 by Ord. No. 1827]
If any section, subsection, sentence, clause, phrase, or portion
of this chapter is for any reason held invalid or unconstitutional
by any court 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 portion thereof.
[Ord. No. 2018-1822, § 25;
amended 4-5-2018 by Ord. No. 1827]
Notices required under this chapter shall in writing and shall
be mailed, first class, postage prepaid, to the addresses below. Either
party may change the place where notice is to be given by providing
such change in writing at least 30 days prior to the time such change
becomes effective. The time to respond to notices under this chapter
shall run from receipt of such written notice.
Notices to the Company shall be mailed to:
Altice USA
1111 Stewart Avenue
Bethpage, NY 11714
Attention: Vice President for Government/Public Affairs, New
Jersey
With a copy to:
Cablevision of Rockland/Ramapo, LLC
1111 Stewart Avenue
Bethpage, NY 11714
Attention: Legal Department
Notices to the Township shall be mailed to:
Township of Mahwah
475 Corporate Drive
Mahwah, NJ 07430
Attention: Township Administrator
[Ord. No. 2018-1822, § 26;
amended 4-5-2018 by Ord. No. 1827]
This chapter shall take effect upon issuance of a Certificate
of Approval as issued by the Board of Public Utilities that incorporates
the material terms of this chapter. Nothing herein shall alter the
right of the Company to seek modification of this chapter in accordance
with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7. In accordance with
N.J.S.A. 48:5A-25.1, the terms of this chapter will no longer be in
effect upon Cablevision converting the municipal consent (and any
certificate of approval) into a system-wide franchise.