Editor's Note: Prior ordinance history includes portions of Ordinance No. 93-80.
[Ord. # 05-43 § 1]
The Township hereby grants to Comcast of New Jersey, II, LLC (hereafter referred to as "Company") renewal of its nonexclusive municipal consent to place in, upon, along, across, above, over and under highways, streets, alleys, sidewalks, easements, public ways and public places in and/or on 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 municipality of a cable television system and cable communications system.
[Ord. #05-43 § 2]
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 (47 C.F.R. 76.5 et seq.) 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:
TOWNSHIP — Shall mean the Township of Woodbridge, County of Middlesex, State of New Jersey. The term "municipality" may also be used in place of the term "Township"
COMPANY — Shall mean the grantee of rights under this ordinance and is known as Comcast of New Jersey, II, LLC.
ACT or CABLE TELEVISION ACT — Shall mean Chapter 186 of the General Laws of New Jersey, 1972, as supplemented and set forth in N.J.S.A. 48:5A-1 et seq.
F.C.C. — Shall mean the Federal Communications Commission.
BOARD or B.P.U. — Shall mean the Board of Public Utilities, State of New Jersey.
OFFICE — Shall mean the Office of Cable Television (OCT) of the Board of Public Utilities.
BASIC CABLE SERVICE — Shall mean any service tier which includes the retransmission of local television broadcast signs.
In addition to the above definitions, all definitions included in the rules and regulations of the Federal Communications Commission pertaining to the regulation of cable television and all definitions included in the Cable Television Act and rules and regulations, adopted by the Office of the Cable Television of the Board of Public Utilities of the State of New Jersey, are hereby incorporated in this ordinance by reference as if set forth in full.
[Ord. #05-43 § 3]
Public hearings, conducted jointly by the Township Council and the Township Cable Television Advisory Board, 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, financial and other qualifications and that the Company's operating arrangements are adequate and feasible.
[Ord. #05-43 § 4]
The Township Council, having favorably considered the application of the Company, for renewal of its municipal consent to construct, operate and maintain a cable television system within the Township, and in order to authorize the continued operation of said cable television system, the Revised General Ordinances of the Township shall be and hereby are amended as set forth herein.
[Ord. #05-43 § 5]
The term of this renewal is a fifteen (15) year term as measured from the date of issuance of a Certification of Approval by the New Jersey Board of Public Utilities. The conditions for the parameters of the renewal term are those set forth in paragraphs b, 1 and b, 2 below. Expiration will run from the date of the expiration of the previous Certificate of Approval and shall be so stipulated in the New Jersey Board of Public Utilities Renewal Certificate, with said fifteen (15) years being from September 1, 2004 to August 31, 2019.
The performance of the Company of its obligations under this ordinance shall be reviewable by the Township by the end of the fifth (5th) year of its term and by the tenth (10th) year of its term. During the period beginning on the fourth (4th) anniversary date of approval of this Renewal Ordinance by the Board of Public Utilities and ending six (6) months before the fifth (5th) anniversary date, the Company shall write to the Township, attention Township Administrator and Township Clerk, advising the Township of the Township's right as to review as to its performance under this Ordinance and shall present such reasonable and appropriate information as the Township may request. Any review process shall be completed within six (6) months of the initiating letter submitted by the Company. This provision shall also commence during the period beginning on the ninth (9th) anniversary date of approval of this Renewal Ordinance and the same provisions therein. Upon expiration of the six (6) month period without a determination by the Township Council that the municipal consent should be revoked, the municipal consent shall continue in full force and effect until the next renewal period.
Any determination by the Township Council to revoke municipal consent shall occur only after a full public hearing or hearings, on reasonable notice to the Company, providing the Company with a full opportunity to present itself to the Township Council and respond to any asserted failure(s) to comply with the terms of the Ordinance and only upon a formal finding of substantial and material noncompliance with the terms of the Ordinance. Any such finding shall contain a full statement of reasons for revocation. Any such revocation determination of the Township Council shall be forwarded to the State Office of Cable Television for proceedings in accordance with State law.
This review process of the Ordinance shall be subject to the State and Federal laws and regulations and shall not be regarded or applied in contravention of them. Neither the Township Council nor the Company, by virtue of this Ordinance or any acceptance thereof, waives any rights under any Federal law governing cable television.
[Ord. #05-43 § 6]
The consent granted under this Ordinance to the renewal of the franchise shall apply to the entirety of the Township and any property annexed hereto.
[Ord. #05-43 § 7]
Pursuant to the terms and conditions of the Act and other conditions established by law, the Company shall, during each year of operation under the consent granted herein, pay to the Township two (2%) percent of the gross revenues from all recurring charges in the nature of subscription for cable television reception service in the Township.
In the event applicable law hereafter permits a larger franchise fee to be collected, the Township shall receive the maximum allowed by law.
[Ord. #05-43 § 8]
The Company shall be required to offer cable television service on its system to any person's residence or business located in the Township in accordance with the proposed services described in the application of the Company for which consent is granted herein. 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 of the OCT as presently or hereinafter promulgated.
[Ord. #05-43 § 9]
In the event that the Company or its agents shall disturb any pavement, street, sidewalk, driveway, alleyway or other surface or any other natural or artificial condition in the existing topography of the Township, 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.
If, at any time during the period of this consent, the Township shall alter or change any pavement, street, sidewalk, driveway, alley, way or other surface or any other natural or artificial condition, or should it take any other action which affects the location of the Company's cable television lines or equipment, the Company, upon reasonable notice by the Township, shall remove, relay or relocate its affected lines or equipment either temporarily or permanently, as directed by the Township.
The Company shall, upon request of the Township, temporarily raise, lower or remove its lines in order to facilitate the moving of buildings or machinery or in other like circumstances. Where the Township had made such a request, the cost shall be borne by the Company. Where such request is made by private parties, the cost shall be borne by those same private parties.
During the exercise of its rights and privileges under this franchise, the Company shall have the authority to trim trees upon overhanging streets, alleys, sidewalks and 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 performed only after approval by the appropriate Township official(s) and only to the extent necessary to maintain proper clearance for the Company's wires and cables.
[Ord. #05-43 § 10; Ord. #05-53 § 10]
The Township's consent to the renewal of the franchise is subject to, and expressly contingent upon, the Company's written undertaking (which may be expressed by means of an amendment to the application, or by the Company's written statement that it accepts the provisions of this ordinance) as to the following as well as other provisions of this Ordinance:
Facilities and Equipment.
In transmitting its television signals to subscribers in the Township, the Company shall provide a quality of signal that is at least as good as that customarily provided under prevailing industry standards, and the Company shall comply with any requirements imposed by Federal Regulations, any Federal pronouncements, and (to the extent not preempted by Federal law) any State pronouncements relating to technical standards for the transmission of television signals, transmission quality, or facilities and equipment.
The Company shall cause any and all construction plans relating to work on any extensions of plant or work which could have a significant impact on public works within the Township to be filed with the Township's Engineer and the Township's Director of Planning. Nothing herein shall create any rights or obligations with respect to construction work which are inconsistent with any regulations or regulatory authority of the OCT or the B.P.U.
Customer Service. In order to maintain its level of telephone accessibility for calls relating to maintenance and repairs ("Service"), and to improve it for calls relating to installation, addition or deletion of programming services, and other customer inquiries ("Business"), the Company shall do the following:
The Company shall comply with any and all requirements of OCT or other regulatory bodies with respect to the telephone accessibility, facilities and personnel, and shall use its best efforts to comply with any OCT guidelines relating to the foregoing.
Nothing herein shall impair the right to any subscriber of the Township to express any comment or complaint with respect to telephone accessibility to the Complaint Officer (as designated in subsection 31-1.11 hereof), or impair the right of the Complaint Officer to take any action which is appropriate under law.
The Company will maintain a procedure and protocol for the handling of billing disputes, service-related complaints, and such other complaints as are brought by subscribers directly to the Company. The Company shall promptly resolve service and billing complaints. The Company shall also advise the Township of said procedure/ protocol.
The Company shall investigate all billing complaints. Any billing complaint brought to the attention of the Company by the Complaint Officer, whether orally or in writing, must be responded to, in writing, within fifteen (15) calendar days of the receipt of the complainant. In the case of an oral customer complaint, the Company shall respond orally to the complaint promptly. In the case of a written customer complaint, the Company must respond to the written complaint, in writing, within thirty (30) calendar days from the receipt of the complaint. The Company shall, in all written responses to billing complaints from subscribers, advise the subscriber that he may request review of the complainant by the Complaint Officer and shall provide the subscriber with the name, address and phone number of the Complaint Officer. The Company agrees to comply with applicable OCT regulations pertaining to discontinuance of service where charges or services are in dispute.
With respect to service-related and other complaints, the Company shall keep, for a period of one (1) year from the date of the Complaint, a record of complaints received at the Company's office(s), which shall include the name and address of the subscriber, the date of the complaint, the nature of the complaint, the test conducted, the corrective action taken, if required, and the final disposition of the complaint.
For so long as the Company continues to provide a monthly billing statement, the Company will include, in a conspicuous place in this guide, the addresses and telephone numbers of the Company office and the OCT office so that subscribers may contact either or both to register their billing, service or other complaints, as well as publishing the Township's hot line number.
The Company will also meet with the Township, at the Township's request, to review and discuss this statistical profile summary and other issues of concern to the Township.
The Company, as a general practice and under normal operating conditions, telephone answer time by a customer service representative, including wait time, shall not exceed thirty (30) seconds from when the connection is made. If the call needs to be transferred, transfer time shall not exceed thirty (30) seconds. As a general practice, the customer will receive a busy signal less than three (3%) percent of the time. The Company will not be required to acquire additional equipment or perform surveys to measure compliance with the telephone answering standards herein unless an historical record of complaints indicates a clear failure to comply. The Company will also provide to the Township copies of its quarterly and yearly telephone system performance reports that it is required to submit to OCT, in accordance with applicable law, rules and regulations.
During the term of the franchise, the Company shall maintain a local walk-in business office within the Township for, at a minimum, the purpose of receiving and investigating complaints regarding the quality of service, equipment malfunctions and similar matters; resolving such complaints where possible or responding as to how and when such complaints will be resolved; receiving subscriber payments; and, the return or exchange of converters, remote control units, and other subscriber equipment. The hours of operation shall be subject to negotiations with the Township, with the offices open at least one (1) weekend day. Negotiations for hours shall commence once the Ordinance is approved by the Township, if necessary, and whenever the parties feel such is appropriate. The Company shall notify the Township and all subscribers of the local business office location, hours of operation and phone number.
The Company will operate its local business office in the Township during normal business hours, subject to the provisions above, as defined by law.
The Company will equip its business office with a telecommunications device for the deaf ("TDD"). The Company shall make available closed-captioned devices for hearing impaired subscribers as well as parental key lock devices to subscribers who request and pay for such devices. The Company further agrees to publicize the availability of such devices to its subscriber base for new subscribers when they join the system and all subscribers on a yearly basis.
When a service call is scheduled to a customer's home, the Company shall inform the customer, upon request, whether the service call is scheduled for morning, afternoon or, if the Company provides, evening. The "appointment window" alternatives for installations, service calls and other activities will be either at a specified time or, at a maximum, a four (4) hour time block during normal business hours. The Company may schedule service calls and other installation activities outside of normal business hours for the express convenience of the customer.
If the Company is unable to keep the scheduled appointment, the Company shall inform the customer and the appointment shall be rescheduled as necessary within twenty-four (24) hours, or at a time which is convenient for the customer.
Under normal operating conditions, the Company may not cancel an appointment with a customer after the close of business of the business day prior to the scheduled appointment.
Except for conditions beyond the control of the Company (i.e. natural disasters, civil disturbances, power outages, telephone network outages and severe or unusual weather conditions), the Company will begin working on "service interruptions" (defined as the loss of picture or sound on one (1) or more cable channels) promptly, and in no event later that twenty-four (24) hours after the interruption becomes known. The Company must begin actions to correct other service problems the next day (Monday through Sunday) after notification of the service problem. The "appropriate window" alternatives for installations, service calls and other installation activities will be either a specific time or, at maximum, a four (4) hour time block during normal business hours. The Company may schedule service calls and other installation activities outside of normal business hours for the express convenience of the customer.
Irrespective of the above, the Company shall dispatch personnel to begin corrective action within two (2) hours of notification of any total loss of service affecting five (5) or more contiguous subscribers within the cable system. Contiguous subscribers are defined as those subscribers residing on the same street(s) or in the same neighborhood or geographic area of the system.
The Company shall be available for service emergencies twenty-four (24) hours a day. Staff members shall be on-call and available for emergency work during nonbusiness hours. In the event of a service emergency, an answering service shall page the on-call technician and/or the appropriate management staff. For these purposes only, a service emergency is defined as: (a) five (5) or more calls in the same geographic area regarding no cable service or a severe degradation of picture quality, or, (b) five (5) or more calls regarding degradation or outage of a specific channel.
In the event that the Company or the subscriber requires the converter, a remote or other equipment provided to a subscriber to be exchanged in order for such subscriber to maintain his or her current level of service, the Company shall cause such exchange to be effected by delivery of the equipment to the subscriber's home (and to the extent necessary, at night or on a weekend), at no cost to the subscriber. Subscribers shall have the option to exchange, a converter, remote or other equipment at the Company's local office in the Township.
At the request of the Township, the Company and the Township's designee shall meet at least quarterly to review all matters relating to cable television in the Township, with the minutes of such meetings to be delivered to the Company and to be filed with the Township.
The Company shall provide annual notice to each customer of the following:
Notice of all monthly service packages and corresponding rates available according to the customer's billing classification;
Privacy notice as per Federal (47 U.S.C. 551(a)(1)) and State law (N.J.S.A. 48:5A-56(b));
Notice of the advance payment discount if the Company filed tariff provided for payments more than thirty (30) days in advance;
Notice of the availability of devices for hearing impaired as required by N.J.A.C. 14:18-3.14 (a)(2); and
Notice of the availability of parental lock devices as required by N.J.A.C. 14:18-3.14 (a)(1) and 47 U.S.C. 544 (d)(2).
Best Practices. If at any time after the State Board of Public Utilities issues a Certificate of Approval, pursuant to this Municipal Consent Ordinance, until the end of the franchise term specified therein, the Company enters into an agreement with another municipality in New Jersey providing for a reduction in rates to senior citizens or disabled people under the requirement of N.J.S.A. 48:5A-11.2 and that municipality did not previously enjoy such a discount, the terms of reduction in rates shall apply as well to the Township of Woodbridge. The Company will be required to inform the Township of any such agreement and the Township will be required to incorporate the reduction into the agreement between the Company and the Township by means of amendment to this Ordinance.
[Ord. #05-43 § 11]
The Woodbridge Township Cable Television Commission is hereby designated as the complaint officer for the Township of Woodbridge, pursuant to N.J.S.A. 48:5A-26(a). All complaints shall be received and processed in accordance with N.J.A.C. 14:17-6.5.
[Ord. #05-43 § 12]
During the life of the franchise, the Company shall file with the Township a performance bond, equivalent to the estimated cost of construction of the cable television system within the Township, in the amount of twenty-five thousand ($25,000.00) dollars. Such bond shall be to ensure the faithful performance of all undertakings of the Company as represented in its application for municipal consent incorporated herein.
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/or operation of the cable television and an excess liability (or "umbrella") policy in the amount of three million ($3,000,000.00) dollars. The Township shall be named as an additional insured under said policies.
[Ord. #05-43 § 13; Ord. #05-53 § 13]
The Township recognizes, at this moment, that it can not regulate the rates the Company charges subscribers for its service. However, the Township reserves the right, pursuant to the Cable Act of 1992, hereinafter referred to as the "Cable Act" as amended and supplemented from time to time, the rules, regulations and orders promulgated pursuant to the Cable Act and other applicable laws, to exercise regulatory powers over rates charged within the Township by the Company to the maximum extent permitted by law. The Company is required by State law to notify the Township of any and all rate changes and increases.
The Company shall continue to provide free cable television installation and service in the Public Library and in public and private schools, as hereinafter defined, in the Township, for educational purposes, as required under the franchise agreement. Public and private schools shall be defined as all schools within the Township except for:
All future senior citizen/ age restricted/ senior centers, which are either administered by the Woodbridge Housing Authority or the Township/Housing Authority or have a visible/ viable or active participation or representatives for either entity serve on the Board of Directors, will be provided one (1) free internet drop and said drop will be at the fastest speed for internet access which exists for residential customers at the time such internet access requested. Said access will be billed at the lowest residential rate available.
[Ord. #05-43 § 14]
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 interconnection services, the Company shall be required to apply to the B.P.U. for approval to enter into and establish the terms and conditions of such contract. All costs for such application to the B.P.U. shall be borne by the Township. Any such interconnection shall be done in accordance with prior F.C.C. authorization. The Company will supply to the Township with a cost effective proposal for implementation.
[Ord. #05-43 § 15]
In the event that the Township determines that it is necessary and feasible for it to contact with the Company for the purpose of providing two-way service and, except to the extent that State regulation is preempted by the F.C.C., the Company shall be required to apply to the B.P.U. for approval to enter into and establish the terms and conditions of such contract. All costs for such applications shall be borne by the Company. The Company will supply to the Township with a cost effective proposal for implementation.
[Ord. #05-43 § 16]
The Company shall be required to fully comply with all applicable Federal and State statutes and regulations, rules and regulations governing the implementation, operation and testing of the Emergency Alert System (EAS).
[Ord. #05-43 § 17; Ord. #05-53 § 17]
In addition to what is set forth in the Company's application and in this Ordinance, the Company agrees as follows:
The Company will use its best efforts to maintain, at a minimum, the same mix and quality of video programming as is now provided to Woodbridge subscribers and which appears in the Company's Application for Renewal. The Company shall provide Township subscribers with the broad categories of programming which appear in the Company's Application for Renewal, including but not limited to:
- Community programming
- Sports programming
- News and Public Affairs, including weather
- Minority programming
- Children's and educational programming
- A broad selection of general entertainment programming including cultural films and entertainment, music, religious programming and other special interest programming.
The Company will comply with all Federal and State laws, before: (a) deleting entirely any broad category of video programming or making any change in the broad categories of programming; or, (b) making any change in the mix and/or quality of programming services required by the franchise.
The Company will make available to the Township the use of one (1) governmental access channel and one (1) educational access channel. The Company will also make available one (1) public access channel, (i.e., Channel 34, 35 and 36) to be managed by the Company, for the use of residents of municipalities served by the cable system. The access channels of municipalities served by the cable system will be provided as part of the entry-level service for the duration of the franchise.
Comcast will endeavor to keep the governmental and educational access channels in their current positions (currently 35 and 36), but can neither guarantee, nor can the Township require, that they remain in place. Nevertheless, Comcast recognizes the investment the Township has made in the access channel.
Should it become necessary at some point during the term of the franchise for the Company to relocate the channel(s), the Company shall bear all costs associated with relocation of Channel 35 and/or Channel 36 to another favorable channel positions(s) by a mutually agreeable date, including, but not limited to such costs as rebranding, repainting trucks and sets, reconfiguration of its equipment, replacing microphone flags, replacing stationery and business cards and the establishment/implementation of a comprehensive advertising campaign to notify all customers/residents of the Township of the change. The total cost of the assistance shall be negotiated by the two (2) parties at the time of a possible change.
The Company will notify Township representatives before deleting entirely any video programming.
The Company will provide, at a minimum, a good quality signal, in accordance with Federal and State technical standards and prevailing industry standards. The Company will maintain at least a forty-five (45) db signal to noise ratio on all channels. The Company will adhere to National Cable Television Association (NCTA) and all other standard guidelines and its own internal technical standards. The parties reserve all rights and any authority regarding technical standards provided them by Federal and State law, rules and regulations in effect at any time during the franchise term.
All Township facilities, including but not limited to first aid squads, EMS, fire departments, libraries, senior citizen centers and the Township community center shall be entitled to one (1) free standard installation and free cable service at the highest level of basic level cable service. Should any facility have a high definition television set during the term of the franchise, Comcast shall provide a converter and all other equipment necessary to allow for reception of high definition channels.
The Company agrees to keep the system state-of-the-art during the entire franchise term and will take all the reasonable steps necessary to make HDTV signals and/or other such technological advanced services, including interactive services, available to the system when such services become commercially available during the term of this franchise.
The Company shall provide, upon request by the Township, training courses for access users in Woodbridge and will consult with the Township or its designees about the content of these courses. Once a year, the Company shall send a letter to the Township Administrator and to the Superintendent of Schools advising them of the availability of access user training upon request. The letters will be sent in January, concurrent with the payment of franchise fees.
In the event a programming service is deleted in its entirety from the Woodbridge system and is not replaced by another programming service offering substantially the same programming or if such programming service is completely removed from its current service tier, whether or not added to another tier, and such programming service is not replaced by a programming service offering substantially the same programming, the Company will permit affected subscribers to downgrade or cancel their level of cable service without charge within thirty (30) days from the date the programming change contemplated by this section is made.
Municipal, educational and/or public access programming on the Company's system will be aired pursuant to the determinations made by the applicable channels' director of operations or designee. The Company will use its best efforts to replay all public access programming submitted to the system access channel pursuant to the published requirements of said channel. The Company will impose no charge to Woodbridge public access users for use of the Company's studio, equipment or personnel for production of non-commercial public access programming. The Company will impose no charge on the Township's public access channels for airing or replaying public access programming on the public access channel.
The Company shall provide a nonrepayable allocation to the Township to acquire/maintain equipment and related items thereto for TV-35/TV-36 in the amount of two hundred thousand ($200,000.00) dollars. This amount shall be separate and apart from any other money received by the Township under this Agreement. Said amount shall be paid as follows:
Two hundred thousand ($200,000.00) dollars no later than six (6) months after the issuance of Certificate of Approval from NJBPU.
The Company will provide standard installation and cable service on its entry level service free of charge to one (1) outlet at each private and public elementary, secondary and post-secondary school within Woodbridge as defined herein. The Company will notify each school that is not connected to the cable system that such free installation and service is available to it and provide a convenient from the institution to submit to the Company stating whether or not it will take advantage of the offer.
In addition to one (1) free standard installation, the Company shall install additional outlets at each public and private school upon request for a fee based upon the cost of materials plus labor. However, the Company agrees to upgrade the wiring for cable in any retrofitted school building at no charge whatsoever for all services.
The Company will provide its highest basic level of cable service free of charge (complete with free standard installation) to one (1) outlet to the Woodbridge Public Library at the main branch and to one (1) outlet at each of the other branches.
The Company will provide the Township with an installation and service similar to that set forth in paragraph 10(a) at the Township Municipal Building, Police headquarters and any other designated Township building, as well as any new Township facilities, either governing the buildings listed herein or other buildings yet undetermined by the Township for its use.
The Company also agrees, except for conditions beyond the control of the Company, to respond to any public access channel problems promptly, and in no event later than twenty-four (24) hours after notification of the problem. In regard to conditions beyond the control of the Company, problems shall be resolved promptly or by the next day (Monday through Saturday) after notification of the problem.
In the event of an outage lasting three (3) or more hours, the Company shall make an appropriate credit on the customer's bill.
The amount of credit shall be in one (1) day units, prorated on the basis of the customer's monthly rates for each service not available.
For outages which extend more than twenty-four (24) hours, customers shall receive a credit for each calendar day or part thereof if greater than three (3) hours, during which service is out.
The Company shall not be liable to a customer for any indirect or consequential damages resulting from the outage unless the Company expressly agrees to such liability.
In order to obtain a credit, customers must notify the Company by phone or in writing within thirty (30) days after any such outage, or else within thirty (30) days notify the Township's designated compliance officer.
The Company may, at its option, provide a customer with a rebate rather than a credit on the customer's bill to fulfill the requirements herein.
The Company shall not be required to provide a credit or rebate as per the provisions above if:
The Company may petition the NJBPU for a waiver of providing the credits above in the event it can clearly demonstrate that such credits would create an undue hardship of the Company.
In instances where a customer is without cable television service for at least twenty-four (24) hours, and the loss of service is not the result of an outage, the Company shall credit or rebate, at the Company's option, the customer for one (1) day unit for each twenty-four (24) hour period in which the customer was without service. The Company shall not be required to provide a customer with a rebate or credit if the loss of service was caused by an act on the part of the customer requesting such a credit or rebate.
The Company shall quarterly inform its customers of the procedure by which a customer may obtain a credit.
During the term of this Agreement, the Company will provide the most up-to-date wiring and other connections for any new municipal/school building.
For every year of the Agreement, the Company shall:
Provide the Township a seven thousand five hundred ($7,500.00) dollar contribution per year toward either the Township's concert series or another Township sponsored event for the entire duration of the Agreement.
Provide the Township five thousand ($5,000.00) dollar contribution per year to sponsor a senior health program or Township senior program or other mutually acceptable program which would allow the Company to be recognized for such program involvement.
The Company shall wire the Woodbridge Center Police Department substation if the Center would allow for such. The installation shall be for free and the service shall be provided for at the residential rate as for other Township facilities.
The Company agrees to provide at least two (2) digital audio drops at TV-35 for over the air audio during the term of this Agreement, as well as upgrades to such during the Agreement term, where appropriate. The location and type of drop shall be determined between representatives of TV-35 and the Company.
The Company agrees to provide two (2) return lines from remote locations back to TV-35's head-end. The location of these return lines shall be determined between representatives of TV-35 and the Company.
[Ord. #05-43 § 18]
All promises, covenants, warranties, representations, statements, terms and provisions of every kind whatsoever in the application of the Company for renewal and said application in its entirety are deemed to be incorporated in this Ordinance by reference as if set forth herein in full. The application and any other relevant writing submitted by, the Company shall be annexed hereto and made a part hereof by reference.
Any portion of the application which is in conflict with any Federal and/or State law, rule and/or regulation and/or orders, including, but not limited to, the Cable Television Act, N.J.S.A. 48:5A-1 et seq., the Cable Communications Policy Act, 47 U.S.C. 521 et seq., the Cable Act of 1992, 47 CFR Part 76 et seq., and/or FCC Rules and Regulations, § 76.1 et seq., as amended and supplemented, shall not be construed as effective under the terms of this Ordinance.
[Ord. #05-43 § 19]
If any provision of this Ordinance should now or hereafter be in conflict with any State or Federal laws, rules, regulations and/or orders regulating cable television systems or franchises, such State or Federal laws rules, regulations or orders shall be enforced over the conflicting terms of this Ordinance, and the Company shall comply with such laws rules, regulations and/or orders and not be deemed in violation hereof.
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 dates specified in the change.
All present State and Federal laws, rules, regulations and/or orders are deemed incorporated in this Ordinance by reference as if set forth in full.
[Ord. #05-43 § 20]
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(s) shall be deemed a separate, distinct and independent provision, and its invalidity or unconstitutionality shall not affect the validity of the remaining portions of the Ordinance.
[Ord. #05-43 § 21]
The Company shall be bound by the terms and provision of this Ordinance irrespective of the number of subscribers to its system. In the event that there is a transfer of ownership, the new owner shall be required to comply with all of the provisions of this Ordinance.
[Ord. #05-43 § 22]
In the event that the Township has reason to believe that the Company has failed to comply with a material term of this Ordinance, i.e. an alleged breach, the Township shall provide written notice to the Company of the provision(s) in question and the nature of the alleged breach, and shall provide the Company with an opportunity to cure such breach within a reasonable time after the Company's receipt of such written notice by certified mail, return receipt requested.
After receipt of such notice from the Township, the Company may request, and the Township may agree, to meet with the appropriate municipal body, as designated by the Mayor, in order to attempt to resolve the alleged breach on an amicable basis.
If, after receipt of such written notice from the Township (and after completion of any meeting contemplated by the provisions, above, where applicable), the Company desires the opportunity to appear and be heard before the Township Council, it shall so advise the Township Clerk in writing and the Township shall thereupon schedule an opportunity for the Company to be heard at a regularly scheduled meeting of the Township Council as soon as practicable.
If the Township is either not satisfied with the remedy of the Company to the breach or the Company fails to correct said breach within one hundred eighty (180) calendar days of the notice of breach, the franchise granted hereunder may be terminated pursuant to law.
[Ord. #05-43 § 23]
This Ordinance shall take effect as prescribed by law.