[1991 Code § A328-1]
For the purpose of this chapter, the following terms, phrases,
words and their derivations shall have the meaning given herein. Such
meaning or definition of terms is supplemental to those definitions
of the Federal Communications Commission, FCC Rules and Regulations,
as amended, and the Cable Television Act, N.J.S.A. 48:5A-1 et seq.,
and shall in no way be construed to broaden, alter or conflict with
the Federal or State definitions.
Shall mean Chapter 186 of the General Laws of New Jersey,
1972, Section 48:5A-1 et seq.
Shall mean the Board of Public Utilities.
Shall mean the Township of Springfield; County of Union,
in the State of New Jersey.
[1991 Code A328-2]
The municipality hereby grants to Suburban Cablevision its nonexclusive
consent to place in, upon, along, across, above, over and under the
highways, streets, alleys, sidewalks, public ways and public places
in the municipality poles, wires, cables, underground conduits, manholes
and other television conductors and fixtures necessary for the maintenance
and operation in the municipality of a cable television system and
cable communications system.
[1991 Code § A328-3]
A public hearing concerning the consent herein granted to Suburban
was held after proper public notice pursuant to the terms and conditions
of the Act. The hearing having been held as above stated and the hearing
having been fully open to the public, and the municipality having
received at the hearing all comments regarding the qualifications
of Suburban to receive this consent, the municipality hereby finds
that Suburban possesses the necessary legal, technical, character,
financial and other qualifications.
[1991 Code § A328-4]
The consent herein granted shall expire 10 years from the date
of the expiration of the existing certificate of approval.
[1991 Code § A328-5]
The consent granted under this chapter to the renewal of the franchise shall apply to the entirety of the municipality and any property annexed hereto and shall be subject to Section 25-7.
[1991 Code § A328-6]
Suburban shall, during each year of operation under the consent
granted herein, pay to the municipality 2% of the gross revenues from
all recurring charges in the nature of subscription fees paid by subscribers
to its cable television reception service in the municipality or such
greater increased fees as may be permitted by law.
[1991 Code § A328-7]
Suburban shall be required to proffer service to any person's
residence or business located in the municipality, in accordance with
any line extension policy set forth in Suburban's application or as
the same hereafter may be amended.
[1991 Code § A328-8A]
In the event that Suburban or its agents shall disturb any pavement,
street surfaces, sidewalks, driveways or other surfaces in the natural
topography, Suburban shall at its sole expense restore and replace
such place or things so disturbed in as good condition as existed
prior to the commencement of the work.
[1991 Code § A328-8B]
If at any time during the period of this consent the municipality
shall alter or change the grade of any street, alley or other way
or place, Suburban, upon reasonable notice by the municipality, shall
remove, relay and relocate its equipment at the expense of Suburban.
[1991 Code § A328-8C]
During the exercise of its rights and privileges under this
franchise Suburban shall have the authority to trim trees upon and
overhanging streets, alleys, sidewalks and public places of the municipality
so as to prevent the branches of such trees from coming in contact
with the wires and cables of Suburban. Such trimming shall be only
to the extent necessary to maintain proper clearance for Suburban's
facilities. Any damages caused by Suburban shall be the responsibility
of Suburban. By accepting this franchise, Suburban agrees to indemnify
and hold the Township harmless from any damage claims of any type.
[1991 Code § A328-9]
During the term of this franchise and any renewal thereof, Suburban
shall maintain a regional 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 regional 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. In addition, any emergency telephone numbers shall be published
by Suburban for use when its offices are not open.
[1991 Code § A328-10]
The Office of Cable Television of the Board, Two Gateway Center,
Newark, New Jersey, is hereby designated as the complaint officer
of the municipality pursuant to N.J.S.A. 48:5A-26(b). All complaints
shall be received and processed in accordance with N.J.A.C. 14:17.7.1
or as needed.
[1991 Code § A328-11]
During the life of the franchise, Suburban shall provide a bond
to the municipality which shall be in the amount of $25,000 and shall
be in the form described in Suburban's application. Such bond shall
be to ensure the faithful performance of all undertakings of Suburban
as represented in its application for municipal consent.
[1991 Code § A328-12]
Suburban shall provide channel capacity for public, educational
or governmental use to the extent set forth in its application.
[1991 Code § A328-13]
In the event that the municipality determines that it is necessary
and feasible for it to contract with Suburban for the purpose of providing
additional equipment or specific services to the municipal government
or its agencies, Suburban shall be required to apply to the Board,
and if necessary the FCC, for approval to enter into and establish
the terms and conditions of such a contract. All costs related to
such application to the Board and to the FCC shall be allocated and
paid in a manner agreeable to Suburban and the municipality, subject
to approval of the Board.
[1991 Code § A328-14]
Suburban shall be required to have the capability at the head
end to override the audio portion of the system in order to permit
the broadcasting of emergency messages by the municipality. Suburban
shall in no way be held liable for any injury suffered by the municipality
or any other person during an emergency. The municipality shall also
establish reasonable procedures for such uses.
[1991 Code § A328-15]
Suburban shall at all times maintain a comprehensive general
liability insurance policy with a single limit amount of $1,000,000
covering liability for any death, personal injury, property damages
or other liability arising out of its construction and operation of
the cable television system, and an excess liability (or "umbrella")
policy as set forth in its application. Suburban further agrees to
indemnify and hold the Township harmless from any claims of any type
arising out of or in connection with the business of Suburban or Suburban's
activities in the Township.
[1991 Code § A328-16]
Suburban, during the period it exercises privileges herein granted,
shall maintain and operate its system according to the highest current
prevailing operating rules or regulations promulgated by the Federal
Communications Commission or the Office of Cable Television, in such
manner as to provide its subscribers the highest possible level of
quality and reliability.
[1991 Code § A328-17]
All of the written commitments contained in the written applications
of Suburban and its representatives at the public meeting, except
as modified herein, are to be considered to be binding upon the applicant
as the terms and conditions of this consent. The application shall
be made a part hereof by reference, provided that any provisions of
the application in conflict with the provisions of the Cable Communications
Policy Act of 1984, 47 USC § 521 et seq., or as amended,
Cable Television Act, N.J.S.A. 48:5A-1 et seq., and/or FCC Rules and
Regulations shall not be construed as effective under the terms of
this chapter and such provisions shall be considered unenforceable.
