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:
Chapter 186 of the General Laws of New Jersey, and subsequent
amendment thereto, N.J.S.A. 48:5A-1 et seq.
The Board of Public Utilities.
The Borough of Keyport, County of Monmouth in the State of
New Jersey.
The grantee of rights under this Chapter and is known as
CSC TKR, Inc.
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:
[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.
