Borough of Keyport, NJ
Monmouth County
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Table of Contents
Table of Contents
Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 16-79, 23-99 and 1-00.
[Ord. No. 3-01]
For the purposes of this Chapter, the following terms, phrases, words and their derivations, shall have the meaning given herein. Such meaning or definition of terms are supplemental to those definitions of the Federal Communications Commission ("FCC"), FCC Rules and Regulations, 47 C.F.R. 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 constructed to broaden, alter or conflict with the Federal or State definitions:
ACT OR CABLE TELEVISION ACT
Chapter 186 of the General Laws of New Jersey, and subsequent amendment thereto, N.J.S.A. 48:5A-1 et seq.
BOARD
The Board of Public Utilities.
BOROUGH
The Borough of Keyport, County of Monmouth in the State of New Jersey.
CABLEVISION
The grantee of rights under this Chapter and is known as CSC TKR, Inc.
OFFICE
State Office of Cable Television within the New Jersey Department of Energy.
[Ord. No. 3-01]
A public hearing concerning the franchise herein granted to Cablevision was held after proper public notice pursuant to the terms and conditions of the Act. Said hearing, having been held as above stated and the hearing having been fully open to the public, and the Borough having received at the hearing all comments regarding the qualifications of Cablevision to receive this franchise. Keyport, after due consideration of the application of Cablevision, which is attached and is made a part hereof,[1] and of the applicant's financial, technical and other qualifications, and the adequacy and feasibility of the applicant's financial arrangements, hereby finds that Cablevision possesses the necessary legal, technical, character, financial and other qualifications, and that Cablevision's operating and construction arrangements are adequate and feasible.
[1]
Editor's Note: The application referred to herein may be found on file in the office of the Borough Clerk.
[Ord. No. 3-01]
The Borough hereby grants to Cablevision its consent to place in, upon, along, across, above, over and under the streets and public places in the Borough, poles, wires, cables, underground conduits, manholes, and other television conductors and fixtures necessary for the maintenance and operation in the Borough of a cable television system and cable communications system. Construction pursuant to this consent is conditioned upon Cablevision obtaining prior approval from the Board, as provided by law.
[Ord. No. 3-01]
The consent herein granted shall expire five years from the expiration date of the Certificate of Approval as issued by the Board of Public Utilities. In the event that Cablevision does not accept the issuance of the consent provided in this section in writing within 10 days of service of the Chapter, said consent should be null and void. The Borough shall cause a copy of the Chapter to be served upon Cablevision within two working days of adoption.
Cablevision 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 time that a decision is made by the Mayor and Council relative to the renewal of said consent. Such petition shall be filed in accordance with relevant laws and regulations promulgated by the Office.
[Ord. No. 3-01]
Pursuant to the terms and conditions of the Act, Cablevision shall, during each year of operations under the consent granted herein, pay to the Borough 2% of the gross revenues from all recurring charges received by Cablevision from subscribers to its cable television reception service in the Borough. In the event the Act permits the Borough to collect additional fees during the term of this franchise, the Borough may amend the Chapter to collect said fees. Such an amendment shall require an agreement between the Borough and Cablevision, and a petition to the Board for approval of the modification, pursuant to N.J.A.C. 14:17-6.7.
Cablevision shall, on or before January 25, each year, file with the Chief Fiscal Officer of the Borough, a statement verified by oath, showing the gross receipts from such charges and shall at the same time pay thereon to the Chief Fiscal Officer, the 2% charge hereby imposed as a yearly franchise revenue for the use of the streets.
[Ord. No. 3-01]
The consent granted herein to Cablevision shall apply to the entirety of the Borough and any property hereafter annexed thereto.
[Ord. No. 3-01]
a. 
Restoration. In the event that Cablevision or its agents shall disturb any pavement, street surfaces, sidewalks, driveways, or other surfaces in the natural or extant topography, Cablevision 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 its work.
b. 
Relocation. If at any time during the period of this consent the Borough shall alter or change the grade of any street, alley or other way or place, Cablevision, upon reasonable notice by the Borough, shall, at its own expense, remove, re-lay and relocate its equipment.
c. 
Temporary Removal of Cables. Cablevision shall, upon request of the Borough, or other party, temporarily raise, lower or remove its lines or other equipment or facility in order to facilitate the moving of buildings or machinery or in other similar circumstances. The expenses shall be borne by the party requesting such action, except that when the Borough requests same, Cablevision shall bear the cost. Whenever the request for removal is made by private parties, the cost will be borne by those same parties.
d. 
Trimming of Trees. During the exercise of its rights and privileges upon this franchise, Cablevision shall have the authority to trim trees upon and overhanging streets, alleys, sidewalks and public places of the Borough so as to prevent the branches of such trees from coming in contact with the wires and cables of Cablevision. Such trimming shall be only to the extent necessary to maintain proper clearance for Cablevision's wires and cables.
e. 
Inspection. The Borough shall have the right to inspect all construction or installation work performed by Cablevision in the easements, streets and other public places or lands of the Borough and make such other inspections as the Borough deems necessary to insure compliance with the terms of this consent and other provisions of law, pursuant to its police powers for the purpose of protecting its citizens and in such matters as street openings, fire safety regulations and restoration of all streets.
f. 
Construction. All wires, cables, conduits, and fixtures required in the installation of the system, shall be placed or constructed so as not to unreasonably inconvenience public travel on the highways or the use thereof by public utilities or other persons or organizations having rights therein.
g. 
Compliance. All construction and installation by Cablevision shall be effectuated in a manner that is consistent with any applicable Federal Communications Commission and Public Utilities Commission Rules and Regulations as to technical standards in full compliance with the ordinances of the Borough, to the extent consistent with State and Federal law.
[Ord. No. 3-01]
a. 
During the term of this franchise, and any renewal thereof, Cablevision shall maintain a local business office or agent for the purpose of receiving, investigating and resolving all complaints regarding the quality of service, equipment malfunctions and similar matters. Such local business office shall be open during normal business hours, and in no event less than 9:00 a.m. to 5:00 p.m. Monday through Friday, except holidays.
b. 
Cablevision shall provide notice to the Borough and its subscribers therein of any change in either the location of said office or in its normal business hours in accordance with applicable law.
[Ord. No. 3-01]
The Office of Cable Television is hereby designated as the Complaint Officer for the Borough pursuant to the provisions of N.J.S.A. 48:5A-26B. All complaints shall be received and processed in accordance with the provisions of N.J.A.C. 14:17-6.5.
[Ord. No. 3-01]
Cablevision shall post a bond which shall remain in effect for the life of the franchise, in the amount of $25,000. Such bond shall be to insure the faithful performance of all undertakings of Cablevision as represented in its application for municipal consent or which may be required by law or by this section. The right to resort to such bond shall be a cumulative remedy, and resort to such bond by the Borough shall not be deemed a waiver by the Borough of any other remedy which may exist in law or equity for any default by Cablevision, which other remedies are expressly reserved to the Borough in its sole discretion. The amount of the bond shall not be deemed to constitute or suggest any limitation on the amount of damages for which Cablevision may be liable for any default in its said undertakings.
[Ord. No. 3-01]
The Borough, having determined that the rates proposed in the application and subsequent amendments thereto for cable television reception service are reasonable, approves them as presented, subject to review by the Board and regulation as permitted by State and Federal law. In the event there shall be the passage of any law permitted preferred rates for any class of users, nothing herein shall be constructed as prohibiting Cablevision from offering such preferred rates in the Borough.
[Ord. No. 3-01]
Cablevision shall comply with the Emergency Alert System that is currently being developed and implemented by Federal, State and County officials in accordance with applicable law.
[Ord. No. 3-01]
Cablevision shall designate two local access channels for exclusive use by the Borough for the cablecasting of noncommercial programming by noncommercial public, governmental and educational entities. The Borough shall determine the programming that is to be shown on these local access channels. It is understood and agreed by the parties that Cablevision shall have the right to use any fallow time on such PEG access channels to the extent that they are not being utilized by the Borough for the cablecasting of qualified PEG access programming.
[Ord. No. 3-01]
a. 
Cablevision shall provide at no cost to the Borough, standard installation of one cable outlet, as well as basic monthly service to each municipal building, public library, and fire stations in the Borough; together with one cable outlet and basic monthly service for each accredited school (K-12). The Borough shall pay for incremental costs for installations requiring more than 150 feet of cable wire.
b. 
Each additional outlet installed, if any, shall be paid for, by the Borough or institution requesting the same on a material plus labor basis. Monthly service charges shall be charged at the regular tariffed rates for additional outlets.
c. 
Cablevision shall provide one free cable modem and Internet access to all public libraries and to each accredited school (K-12) capable of being served by a standard installation, upon the introduction of cable high-speed modems becoming commercially available in the Borough through Cablevision. The Borough remains liable for incremental costs for installations requiring more than 150 feet of cable wire.
d. 
As set forth in subsection 18-1.13, Cablevision shall designate two local access channels for the exclusive use of the Borough. The cost of materials and installation for a fiber return link from the Keyport High School or Municipal Building, at the option of the Borough, to the Cablevision head end facility will be borne entirely by Cablevision. Cablevision shall provide the necessary fiber transport, switching mechanisms and modulator(s) in the Company's head end facility. Upon proof of purchase by Keyport, Cablevision shall reimburse Keyport up to $15,000 to be applied against the purchase of a character generator, camera with battery pack, microphones, monitor(s), a playback deck and other similar equipment. Any such reimbursed amounts shall not result in any pass through of such costs as part of any rate or rate increase. Cablevision will provide initial training to volunteers and/or students who will be operating the aforementioned equipment.
[Ord. No. 3-01]
Within one year, Cablevision has agreed to implement a discount for senior citizens and disabled persons as defined under the Pharmaceutical Assistance to Aged and Disabled Act pursuant to N.J.S.A. 30:4D-21, and consistent with the terms of N.J.A.C. 14:18-3.20.
[Ord. No. 3-01]
Cablevision shall indemnify, protect and hold the Borough harmless at all times from and against all claims for injury and damaged persons or property, both real and personal including payments made under Workmen's Compensation Law, arising out of the construction, erection, operation, repair, installation, replacement, maintenance of any structure, equipment or appliance used pursuant to this section or caused by the awarding of this municipal consent. Cablevision shall also provide evidence by certificate of insurance, or otherwise of sufficient insurance insuring the Borough and Cablevision with respect to all liability for any death, personal injury, property damage or other liability arising out of Cablevision's construction and operation of its CATV system in the following minimum amounts:
a. 
$1,000,000 for bodily injury or death to any one person.
b. 
$2,000,000 for each occurrence, within the limit.
c. 
$1,000,000 for property damage resulting from one accident.
d. 
$1,000,000 for auto liability.
e. 
$1,000,000 for excess liability.
[Ord. No. 3-01]
In the event that another multi-channel video program provider's service within the Borough creates a significant competitive disadvantage to Cablevision, Cablevision shall have the right to request from the Borough lawful amendments to its franchise that relieve it of burdens which create the unfair competitive situation. Should Cablevision seek such amendments to its franchise, the Borough and Cablevision agree to negotiate in good-faith appropriate changes to the franchise in order to relieve Cablevision of such competitive disadvantages. If the parties can reach an agreement on such terms, the Borough agrees to endorse Cablevision'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.
If the parties are unable to reach an agreement on appropriate amendments to the franchise, the Borough acknowledges that Cablevision 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 Borough shall be under no obligation to support Cablevision's request for such relief from the Board.
Should Cablevision accept this Chapter, such acceptance shall constitute a representation and acknowledgment from Cablevision that as of the date of its acceptance of such acceptance, competition with the Borough has not yet risen to the level of creating a significant competitive disadvantage sufficient to enable Cablevision to seek relief under this subsection 18-1.17.
[Ord. No. 3-01]
All of the written commitments contained in the written application of Cablevision and all of the correspondence submitted in connection therewith, except as modified herein, are to be considered to be binding upon the applicant as terms and conditions of this consent, and the application is annexed hereto and made a part hereof by reference. The application and any other relevant writings submitted by Cablevision shall be annexed hereto and made part hereof by reference as long as they do not conflict with State or Federal law.
[Ord. No. 3-01]
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 such holding shall not effect the validity of the remaining portions hereof.
[Ord. No. 3-01]
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 modification, changes or alterations shall be incorporated into this consent ordinance on the applicable dates specified in such change.