[Editor's Note: Ord. No. 2022-6 granted a renewal of municipal
consent to Comcast of Central New Jersey II, LLC. Prior ordinance
history includes portions of Ordinance No. 99-13 and Ord. No. 2005-7.]
[Added 6-15-2022 by Ord.
No. 2022-6]
The Township hereby grants to Comcast renewal of its non-exclusive
municipal consent to place in, upon, along, across, above, over and
under highways, streets alleys, sidewalks, easements, public ways
and public places in the Township, 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 Township of a cable television and communications
system.
[Added 6-15-2022 by Ord.
No. 2022-6]
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 in 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. § 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:
Chapter 186 of the General Laws of New Jersey, and subsequent
amendments thereto, N.J.S.A. 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 chapter and is known as
"Comcast of Central New Jersey II, LLC."
The Federal Communications Commission.
The Office of Cable Television and Telecommunications of
the Board.
Consists of the area of the Township currently served with
existing plant as set forth in the map annexed to the company's
application for municipal consent.
The Township of Union, County of Hunterdon, State of New
Jersey.
[Added 6-15-2022 by Ord.
No. 2022-6]
Public hearings conducted by the Township, 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 Township, having received
at said public hearings all comments regarding the qualifications
of the company to receive this renewal of municipal consent, the Township
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.
[Added 6-15-2022 by Ord.
No. 2022-6]
The nonexclusive municipal consent granted herein shall expire
10 years from the date of expiration of the previous certificate of
approval issued by the Board. In the event that the Township shall
find that the company has not substantially complied with the material
terms and conditions of this chapter, the Township 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 Township shall first have
given the company written notice of all alleged instances of noncompliance
and an opportunity to cure same within 90 days of that notification.
[Added 6-15-2022 by Ord.
No. 2022-6]
Pursuant to the terms and conditions of the Act, and, except
as where higher payment is otherwise required by the applicable law
and regulations (including N.J.S.A. 48:5A-30), the company shall,
during each year of operation under the consent granted herein, pay
to the Township 2% of the gross revenues from all recurring charges
in the nature of subscription fees paid by subscribers for cable television
reception service in the Township or any higher amount permitted by
the Act or otherwise allowable by law.
[Added 6-15-2022 by Ord.
No. 2022-6]
The consent granted under this chapter for the renewal of the
franchise shall apply to the entirety of the Township and any property
subsequently annexed hereto.
[Added 6-15-2022 by Ord.
No. 2022-6]
The company shall be required to proffer service to any residence
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, as set forth in the company's application,
with a HPM ("homes-per-mile") of 25 dwellings per linear mile from
the nearest active trunk or feeder line.
[Added 6-15-2022 by Ord.
No. 2022-6]
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
Township 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, re-lay or relocate its equipment, at the expense of
the company, subject to the prior approval of the Board.
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 Township so as to prevent the branches of such
trees from coming in contact with the wires and cable of the company.
Such trimming shall be only to the extent necessary to maintain proper
clearance of the company's wire and cables.
d.
Temporary removal of cables: The company shall, upon request of the
Township, at the company's expense, temporarily raise, lower
or remove its lines in order to facilitate the moving of buildings
or machinery or in other like circumstances, subject to the prior
approval of the Board.
e.
Installation of equipment: The company shall install equipment in
the same location and manner as existing public utilities whenever
possible, in order to minimize the impact of same on surrounding property.
[Added 6-15-2022 by Ord.
No. 2022-6]
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 Township 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.
[Added 6-15-2022 by Ord.
No. 2022-6]
The OCTV 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.
[Added 6-15-2022 by Ord.
No. 2022-6]
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 a business office
shall have a publicly listed toll-free telephone number and be open
during standard business hours.
[Added 6-15-2022 by Ord.
No. 2022-6]
During the life of the franchise the company shall give to the
Township a bond in the amount of $25,000. 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.
[Added 6-15-2022 by Ord.
No. 2022-6]
The rates of the company shall be subject to regulation as permitted
by federal and state law.
[Added 6-15-2022 by Ord.
No. 2022-6]
a.
The company shall provide expanded basic or a similar tier of cable
television service to one outlet to each qualified existing and future
school in the Township, public and private, elementary, intermediate
and secondary, provided the school building is within 200 feet of
active cable distribution plant or through customer owned conduit.
Each additional outlet installed, if any, shall be paid for on a materials-plus-labor
basis by the school requesting service.
b.
The company shall provide expanded basic or a similar tier of cable
television service to one outlet to every Township building and each
qualified existing and future municipal building, police, fire, emergency
management facility and public library in the Township, provided the
facility is located within 200 feet of active cable distribution plant
or through customer owned conduit. Each additional outlet installed,
if any, shall be paid for on a materials-plus-labor basis by the Township.
c.
The Communications Act of 1934, as amended [47 U.S.C. § 543(b)],
allows the company to itemize and/or identify: 1.) the amount on the
subscriber bill assessed as a franchise fee and the identity of the
governmental authority to which the fee is paid; 2.) the amount on
the bill assessed to satisfy any requirements imposed on the company
by the cable franchise to support public, education, and/or governmental
access channels or the use of such channels; and 3.) any grants or
other fees on the bill or any tax, assessment, or charge of any kind
imposed by any governmental authority on the transaction between the
operator and the subscriber. The company reserves its external cost,
pass-through rights to the full extent permitted by law.
[Added 6-15-2022 by Ord.
No. 2022-6]
a.
The company shall continue to make available a shared educational
and governmental access channel. The channel is currently administered
by North Hunterdon High School.
b.
The company does not relinquish its ownership of or ultimate right
of control over a channel by designating it for educational access
use. An access 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.
c.
The company will maintain the cable, modulators, and equipment necessary
for the signal to be sent to the company, and to receive the return
feed of the signal.
d.
The company shall not exercise editorial control over any educational
use of channel capacity, except company may refuse to transmit any
educational access program or portion of any educational access program
that contains obscenity, indecency, or nudity.
e.
Definitions. "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" shall mean noncommercial use by the Township for the purpose
of showing the local government at work.
f.
Company Use of Fallow Time. Because blank or underutilized educational
access channels are not in the public interest, in the event the Township
or other qualified educational access users elect not to fully program
their access channel, company may program unused time on those channels
subject to reclamation by the Township upon no less than 60 days'
written notice.
g.
Indemnification. The Township 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 channel and from claims arising
out of the rules for or administration of educational access channel
and its programming.
h.
Within six months of the issuance of a renewal certificate of approval
by the BPU, the company shall provide to the Township a one-time educational
access capital grant in the amount of $10,000 to meet the educational
access capital needs of the community.
i.
The Communications Act of 1934, as amended [47 U.S.C. § 543(b)],
allows the company to itemize and/or identify: 1) the amount on the
subscriber bill assessed as a franchise fee and the identity of the
governmental authority to which the fee is paid; 2) the amount on
the bill assessed to satisfy any requirements imposed on the company
by the cable franchise to support public, education, and/or governmental
access channels or the use of such channels; and 3) any grants or
other fees on the bill or any tax, assessment, or charge of any kind
imposed by any governmental authority on the transaction between the
operator and the subscriber. The company reserves its external cost,
pass-through rights to the full extent permitted by law.
[Added 6-15-2022 by Ord.
No. 2022-6]
a.
The company will comply with the Emergency Alert System ("EAS") rules
in accordance with applicable state and federal statutes and regulations.
b.
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.
[Added 6-15-2022 by Ord.
No. 2022-6]
The company shall at all times maintain a comprehensive general
liability insurance policy with a single limit amount of $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 $5,000,000. The Township shall be named as
an additional insured under this policy.
[Added 6-15-2022 by Ord.
No. 2022-6]
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 the application of
state or federal law.
[Added 6-15-2022 by Ord.
No. 2022-6]
Should the Township grant municipal consent for 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.
[Added 6-15-2022 by Ord.
No. 2022-6]
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 its validity or unconstitutionality shall not affect
the validity of the remaining portions of the ordinance.
[Added 6-15-2022 by Ord.
No. 2022-6]
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.
[Added 6-15-2022 by Ord.
No. 2022-6]
This chapter shall take effect immediately upon issuance of
a renewal certificate of approval from the BPU.
