(Ord. #95-01, § 10-1)
A.
The Township of Plumsted hereby grants to Garden State Cablevision
L.P., subject to the terms and provisions of this chapter, its consent
to a nonexclusive franchise to place in, upon, along, across, above,
over and under highways, streets, alleys, sidewalks, public ways and
public places in the Township of Plumsted poles, wires, cables, underground
conduits, manholes and other electronic conductors and fixtures necessary
for the maintenance and operation in the Township of Plumsted of a
cable television system and cable communications system.
B.
Garden State Cablevision, L.P., (hereinafter designated as the "Company"),
is hereby granted the use of the streets and alleys as are owned by
the Township or in which the Township possesses an easement or right-of-way,
but no such interest is granted with respect to such other public
property as is owned by the Township, whether by easement, right-of-way,
title in fee simple, leasehold or other interest.
C.
The foregoing limitation, with respect to public property, other than streets and alleys, is and shall at all times be subject, nevertheless, to the specific negotiation between the Township and the Company as to the actual and exact locations of all appliances referred to in Subsection A above in, upon, across, above, under, over or otherwise affecting any Township easement, property or other interest in real estate, which right to negotiate the Township's governing body may, from time to time, waive as to items and matters said governing body may elect to specify.
D.
The foregoing consent is and shall at all times be subject, also,
to full and detailed compliance with the Plumsted Township Zoning
Ordinance, Land Subdivision Ordinance, all other Township ordinances
and resolutions and all rules, regulations, and laws of all applicable
jurisdictions as to all aspects of locations, operations, maintenance
and to every microwave or other receiver or transmitter, studio facilities,
mobile equipment and vehicles, all other facilities, equipment, apparatus
and the like incidental to the origination of programming, the sending
or receiving of signals and offices, storage, power sources, power
plant and the like to the extent not otherwise preempted.
(Ord. #95-01, § 10-2)
For the purpose of this chapter, the following terms, phrases,
words and their derivations shall have the meanings given herein.
Such meanings or definitions of the terms are supplemental to those
definitions of the Federal Communications Commission (47 C.F.R. 76.5)
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
or state definitions.
Chapter 186 of the General Laws of New Jersey, 1972 (N.J.S.A.
48:5A-1, et seq.)
The Board of Public Utilities (B.P.U.)
The grantee of rights under this chapter and is known as
Garden State Cablevision, L.P. d/b/a Garden State Cable TV.
The municipality as said term, is used in § 10-18 of this chapter.
The Township of Plumsted, County of Ocean, and State of New
Jersey.
The Office of Cable Television within the Board of Public
Utilities.
(Ord. #95-01, § 10-3)
A public hearing concerning the franchise herein granted to
the Company was held after proper public notice pursuant to the terms
and conditions of the Act. Said hearing having been held as above
stated and said hearing having been fully open to the public and the
Township having received at said hearing all comments regarding the
qualifications of the Company and other applications to receive this
franchise, 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.
(Ord. #95-01, § 10-4)
The consent herein granted shall expire ten (10) years from
the date of expiration of the previous Certificate of Approval as
issued by the B.P.U. The Company will upgrade the system to a 550
MHz fiber-coax system by October 1, 1998, unless delay is caused hereunder
by strikes, boycotts, labor disputes, embargoes, shortage of material,
act of God, acts of the public enemy, acts of superior governmental
authority, weather conditions, riots, rebellion, sabotage, or any
other like circumstances. In the event that the upgrade has not been
completed by that date, the municipality may request that the Board
determine if the franchise term or other conditions should be modified
or revoked.
(Ord. #95-01, § 10-5)
A.
The consent granted herein shall be subject to renewal only after
review of the performance of the Company and the adequacy of the terms
of the consent herein granted in full public proceeding.
B.
The Company shall be required to petition the Board for a certificate
of approval authorizing continued operation during the period following
expiration of the consent granted herein until such a time that a
decision is made by the municipal governing body relative to the renewal
of said consent.
(Ord. #95-01, § 10-6)
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 Township two percent (2%) of the gross revenues from all
recurring charges received by the Company from subscribers to its
cable television reception service in the Township. In the event that
the Act is amended or supplemented so as to allow a greater percentage
of fees (excluding such additional percentages for which a municipality
might presently apply upon formal hearing and as a result of factors
warranting a greater franchise fee) or so as to broaden the extent
of the premiums of which such fees are based, then the franchise fee
shall be deemed amended so as to reflect such additional amounts or
percentages after written notice to the Company. To the extent provided
by law, the Board may where appropriate, inspect the books and records
of the Company to confirm that the Company has complied with the law.
The Municipality may initiate the request for inspection with the
Board of Public Utilities, Office of Cable Television.
(Ord. § 95-01, § 10-7)
The consent granted herein to the Company shall apply to the
entirety of the Township and any property hereafter annexed thereto.
(Ord. #95-01, § 10-8)
A.
The Company shall complete construction in one hundred percent (100%)
of the Township's primary service area as depicted on the map
accompanying said application, where a request for service is made.
B.
Plumsted Township requires completion of the proposed upgrade to
a 550 MHz capacity no later than the end of the third quarter of 1998.
Fiber optics will be used in the upgrade which shall provide a minimum
seventy-eight (78) channel capacity.
C.
On request, the Company will provide the Township with a semi-annual
written report on the status of the Plumsted rebuild/upgrade project
beginning with the awarding of the COA and concluding with the completion
of the project. The Township may require the Company to meet periodically
with the Cable Advisory Committee and the Township Committee for the
purpose of receiving updates on the status of the project and other
cable related matters.
(Ord. #95-01, § 10-9)
A.
Restoration. In the event that the Company or its agents shall disturb
any pavement, street surfaces, sidewalks, driveways, other utilities
or existing landscaping, trees and 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
Township shall alter or change the grade or alignment of any street,
alley or other way or place, the Company, upon reasonable notice by
the Township, shall remove, relay and relocate its equipment, at the
Company's expense.
C.
Temporary removal of cables. The Company shall temporarily raise,
lower or remove its lines in order to facilitate the moving of buildings
or machinery or in other like 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 and
for 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 Township 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. All work is to
be in conformance with ANZI Standards, Z133.1, Tree Care Operations
for Safety and the National Arborist Association Standards for Pruning
and Removal. If the tree is privately owned, the Company must give
reasonable notice to the owner and make every effort to satisfy his
interest in the tree.
(Ord. #95-01, § 10-10)
A.
The Company shall be required to offer service to any person's
residence located in those areas of the franchise territory described
herein, in accordance with the proposal for the provision of services
as described in the application and as subsequently agreed upon. Any
additional extension of the system which is necessary in the future
but not contemplated in the application shall be made in accordance
with the line extension policy now or hereafter promulgated by the
Office of Cable Television. All commercial areas within the municipality
will be constructed on a cost basis pursuant to the Company's
tariff. The Company will provide service to residences in existing
presently wired commercial areas. Commercial areas which are currently
not serviced and residential units located in those areas will be
provided service based on the Company's tariffed commercial rates
for installation and extension.
B.
The Company shall provide the standard installation of one (1) outlet
and basic monthly service to all accredited schools, whether public
or private, libraries, and to Municipal Building free of charge. Each
additional outlet installation shall be paid for by the institution
on a cost-plus-labor basis.
C.
The Company agrees to make available full service to all new developments
on a timely basis in accordance with the Company's policies and
procedures and the Company's and Office of Cable Television's
line extension policy.
D.
The Company shall incorporate the following streets into primary
service areas as per the revised map: Hendrickson, Tower, Lovemen,
Bukcalew and North Success Road. Homeowners on the aforementioned
streets are required to pay customary standard or nonstandard installation
fees.
(Ord. #95-01, § 10-11)
A.
During the terms of this franchise and any renewal thereof, the Company
shall maintain a local business office, either within the Township
or within the area of a local telephone call for residents thereof,
for the purpose of receiving, investigating and resolving all complaints
regarding the quality of service, equipment and malfunctions and similar
matters. Such local business offices 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 9:00 a.m. to 12:00 noon, Saturday.
B.
The Company shall at all times comply with the N.J.A.C. 14:3-1 et
seq. with respect to the manner of receiving and handling customer
complaints. The Company shall comply with other provisions of the
Act and the regulations, as required by law.
C.
Notwithstanding the foregoing and not by way of limiting or reducing
the responsibilities of the Company, whenever there shall be an interruption
in service attributable to the operation of the Company's system
and no restoration of service for a period of six (6) or more continuous
hours, whether or not said nonrestored period may span two (2) or
more days, the Company shall reduce its monthly charge for service
to the aggrieved subscriber by a pro rata credit for each day the
interruption occurs when notified by the customer.
(Ord. #95-01, § 10-12)
The Office of Cable Television is hereby designated as the complaint
officer for the Township. All complaints shall be received and processed
in accordance with N.J.A.C. 14:17-6.5.
(Ord. #95-01, § 10-13)
During the period of the consent and prior to the initiation
of construction, the Company shall give to the Township a bond in
form and of surety to be approved by the Township in the amount of
twenty-five thousand dollars ($25,000.), which shall remain in effect
during the entire life of the Company's cable television franchise
consented to by this chapter in accordance with N.J.S.A. 48:5A-28d.
(Ord. #95-01, § 10-14)
The Township, having determined the rates proposed in the application
for cable television reception service are reasonable, approves them
as presented, subject to review by the Board.
(Ord. #95-01, § 10-15)
The Company shall be required to have the capability to override
at the head end the audio portion of the system simultaneously on
all channels in order to permit the broadcasting of emergency messages
by the State Office of Emergency Management. The Company shall in
no way be held liable for any injury suffered by the municipality
or any person if for any reason the State Office of Emergency Management
is unable to make full use of the cable television system as contemplated
herein.
(Ord. #95-01, § 10-16)
In the event that the Company seeks to assign the municipal
consent granted herein, a copy of any such application and supporting
documentation filed with the Office shall be simultaneously filed
with the Township, and, upon request by the Township, representatives
of both the Company and the Company to which it seeks to assign the
franchise shall promptly meet and confer with the Township and will
supply such further information as is appropriate, relative to said
application for assignment. Final approval of such application shall
be pursuant to N.J.A.C. 14:17-6.8.
(Ord. #95-01, § 10-17)
A.
The Company shall provide a public, educational and government and
(PEG) access channel for shared use. The Company shall provide a site
within reasonable proximity to the Township to originate taped programming.
The Company shall provide shared use of a character generator on the
PEG channel, including the possibility of remote access via telephone
lines if feasible. A camcorder and microphone shall be provided by
the Company and available at no charge for shared use in providing
non-commercial community access programming.
(Ord. #95-01, § 10-18)
A.
In the event that the Township determines that it is necessary and
feasible for it to contract with the Company for the purpose of providing
other specialized services, then the Company shall be required to
apply to the Board and the Federal Communications Commission for approval
to enter into and establish the terms and conditions of such contract.
All costs for such application to the Board and the Federal Communications
Commission shall be borne by the contractee.
B.
In the event that the Township determines that it is necessary and
feasible for it to contract with the Company for the purposes of providing
interconnection services, the Company shall be required to apply to
the Board and the Federal Communications Commission for approval to
enter into and establish the terms and conditions of such contract.
All costs for such application to the Board and the Federal Communications
Commission shall be borne by the contractee.
C.
In the event that the Township determines that it is necessary and feasible for it to contract with the Company for the purpose of providing two-way service in addition to those in Subsection A above and except to the extent state regulations are preempted by the Federal Communications Commission, the Company shall be required to apply to the Board for approval to enter into and establish the terms and conditions of such contract. All costs for such application shall be borne by the contractee.
(Ord. #95-01, § 10-19)
The Company shall hold and save the Township harmless from and
indemnify and defend the Township against every claim, loss and liability
of every kind arising in any and every way, directly and indirectly,
immediately and consequently, except to the extent limited by state
or federal law, from issuance of municipal consent and the operation
of the company thereunder, all in accordance with N.J.S.A. 48:5A-28e.
and f.
(Ord. #95-01, § 10-20)
A.
The Company agrees to maintain and keep in full force and effect
at its sole expense at all times during the term of this consent sufficient
liability insurance naming the Township as an insured and insuring
against loss of any such claim, suit, judgment, execution or demand
in the minimum amounts of two hundred fifty thousand dollars ($250,000)
for bodily injury or death to one (1) person, one million dollars
($1,000,000) for bodily injury or death from any one (1) accident
and two hundred thousand dollars ($200,000) for property damage resulting
from any one (1) accident. It is a condition of this consent that
the Company is, shall be and shall hold itself out as being an independent
contractor and not an agent of the Township of Plumsted and defend,
hold harmless and indemnify the Township against all claims arising
out of its construction and operation of the franchise.
B.
The Company shall assure that no such policy of insurance shall be
cancelable without a minimum of ten (10) days notice to the Township.
The Company shall deliver to the Township certificates of insurance
immediately upon or prior to the effective date of such.
(Ord. #95-01, § 10-21)
In the event of a change in law, the Company shall provide,
where required, senior citizens discount rates and other services
and or franchise fees in a manner in conformity with N.J.S.A. 48:5A-10b,
throughout the Company's system.
(Ord. #95-01, § 10-22)
The Company herein agrees to cooperate with the Township Cable
Television Advisory Committee which will continue to exist to provide
for the examination of the Township's cable television related
needs and the response of the company to said needs. The Company also
agrees to attend periodically, Cable Television Advisory Committee
meetings on a mutually agreed upon date. On request the Company also
agrees to attend one (1) public hearing each year on a mutually agreeable
date before the Mayor and Committee where the public will be invited
to attend to discuss their cable television related concerns with
the Township and with the Company. The municipality shall be permitted
to periodically inquire of the complaint officer the nature, number
and status of the complaints against the Company. To the extent permitted
by law, the municipality may obtain such reports and records from
the complaint officer as may enable the municipality to assist in
the resolution of these complaints. The municipality may obtain copies
of all public record reports of the Company submitted to the Board
of Public Utilities.
(Ord. #95-01, § 10-23)
The Company shall provide copies of responses to complaints
referred to the Office of Cable Television if the Township is listed
as receiving a copy of the original letter.
(Ord. #95-01, § 10-24)
All of the written commitments contained in the written application attached hereto, together with all other representations made by the Company, either in writing prior to the adoption of this chapter or at the public hearings, are to be binding upon the applicant as to the terms and conditions of this consent and are incorporated by reference herein, to the extent permitted by state or federal law, now or hereafter adopted. Failure of the Company to comply with the conditions in the aforesaid application, other commitments made by the applicant during the application process and recorded by the Township or the terms and conditions of this chapter may be considered as a default of this consent agreement. All complaints concerning such a default will be forwarded to the complaint officer specified in § 10-12 above. If necessary, the Township Committee may hold public hearings on this default, at which all interested parties shall have the right to be heard and may forward to the complaint officer their recommendation for resolution of the default.
(Ord. #95-01, § 10-25)
It is understood that should any state or federal agency or
body modify, change or alter any of its provisions with respect to
cable television generally, such modifications, changes or alterations
shall be incorporated into this consent consistent with the applicable
law.
(Ord. #95-01, § 10-26)
The Company shall be bound by all of the provisions of the initial
franchise agreement, its applications for renewal of municipal consent
and the commitments and representations made during the course of
the renewal proceedings except to the extent that any such provisions
are superseded by the provisions of this chapter or by any federal
or state statute, rule or regulation.
(Ord. #95-01, § 10-27)
If any section, subsection, sentence, clause, or 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.
(Ord. #95-01, § 10-28)
Since this chapter is legislative in nature, there shall be
the codification of same in the General Ordinance Book of the Township
of Plumsted.
(Ord. #95-01, § 10-29)
This chapter shall take effect upon its final passage and publication
as provided by law. Copies of this chapter shall be forwarded to Garden
State Cablevision and the State Office of Cable Television.
