[Ord. No. 97-25 § 1]
The Township hereby grants to Comcast Cablevision of New Jersey,
Inc. 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 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 Township of a cable television and
communications system.
[Ord. No. 97-25 § 2; Ord. No. 02-28 § I(B)]
For the purpose of this Article, 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
47 C.F.R. subsection 76.1 et seq., and the Cable Communications Policy
Act 47 U.S.C. Section 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 construed to broaden,
alter or conflict with the Federal or State definitions:
Shall mean Chapter 186 of the General Laws of New Jersey,
and subsequent amendments thereto, Section 48:5A-1 et seq.
Shall mean any service tier which includes the retransmission
of local television broadcast signals as defined by the FCC.
Shall mean the Board of Public Utilities, State of New Jersey.
Shall mean the grantee of rights under this Article and is
known as Comcast Cablevision of New Jersey, Inc.
Shall mean the Federal Communications Commission.
Shall mean the Township of Springfield, County of Union,
State of New Jersey.
Shall mean the Office of Cable Television (OCTV) of the Board
of Public Utilities.
[Ord. No. 97-25 § 3]
Public hearings conducted by the Township 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. The hearings,
including the Hearing on the Application, have been fully open to
the public and the Township, having received at the 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, character, financial
and other qualifications and that the Company's operating and construction
arrangements are adequate and feasible.
[Ord. No. 97-25 § 4]
The nonexclusive consent granted herein shall expire 10 years
from the date of expiration of the previous Certificate of Approval
as issued by the Board of Public Utilities.
[Ord. No. 97-25 § 5]
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 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 Township or any higher amount
permitted by the Cable Television Act or otherwise allowable by law,
whichever is greater.
[Ord. No. 97-25 § 6]
The consent granted under this Article to the renewal of the
franchise shall apply to the entirety of the Township and any property
subsequently annexed thereto.
[Ord. No. 97-25 § 7]
Comcast shall be required to proffer service along any public
right-of-way to any person's residence or business located in all
areas of the franchise territory as described herein, at tariffed
rates for standard and non-standard installations.
[Ord. No. 97-25 § 8]
Comcast shall have completed an upgrade of the cable television
distribution system serving the Township no later than December 31,
1997. The upgraded system shall be a hybrid fiber optic/coaxial cable
system following a "fiber to the node" architecture. The upgraded
system shall provide improved picture quality, enhanced signal reliability
and increased channel capacity.
[Ord. No. 97-25 § 9]
Restoration: In the event that the Company or its agents shall
disturb any pavement, street surfaces, sidewalks, driveways, or other
surface in the natural topography, 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 work.
Relocation: 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, the Company, upon reasonable notice by the
Municipality, shall remove, re-lay or relocate its equipment, at the
expense of the Company.
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
other public places of the Municipality 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 only to the extent necessary to maintain
proper clearance for the Company's wires and cables, and upon reasonable
notice to the Township, except in an emergency.
[Ord. No. 97-25 § 10]
In providing services to its customers Comcast shall comply
with N.J.A.C. 14:18 and all applicable State and Federal Statutes
and regulations. Comcast shall strive to meet or exceed all voluntary
company and industry standards in the delivery of customer service
and shall be prepared to report on same to the community upon written
request of Township Administrator or Clerk.
[Ord. No. 97-25 § 11]
The Office of Cable Television is hereby designated as the Complaint
Officer for the Township of Springfield pursuant to N.J.S.A. 48:5a-26(b).
All complaints shall be received and processed in accordance with
N.J.A.C. 14:17-6.5. The Municipality shall have the right to request
copies of records and reports pertaining to complaints by Township
customers from the OCTV.
[Ord. No. 97-25 § 12]
During the term of this franchise, and any renewal thereof,
the Company 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 that 9:00 a.m. to 5:00 p.m., Monday through Friday.
Telephone response for such purposes as mentioned herein will be provided
by the Company's employees, representatives or agents 24 hours per
day. The telephone number and address of the local office shall be
listed in applicable telephone directories and in correspondence from
the Company to the customer. The telephone number for the local office
shall utilize an exchange which is a non-toll call for Township residents.
[Ord. No. 97-25 § 13]
During the life of the franchise the Company shall give to the
Municipality a bond in the amount of $25,000. Such bond shall be to
insure the faithful performance of all undertakings of the Company
as represented in its application for municipal consent incorporated
herein.
[Ord. No. 97-25 § 14]
The rates of the Company shall be subject to regulation as permitted
by Federal and State law.
[Ord. No. 97-25 § 15]
a.
The Company shall continue to provide one dedicated, system-wide
public access channel, to be utilized by qualified individuals and
organizations, for the purpose of cable casting noncommercial access
programming in conformance with the Company's published public access
rules.
b.
Upon reasonable request, the Company shall conduct training in basic
television production for potential access users including any such
group which may be organized by the school district or municipality.
c.
The Company shall continue to maintain three dedicated municipal
access channels, one of which shall continue to be utilized by consortium
of five municipalities, including the Township of Springfield, currently
known as Communities on Cable.
d.
Comcast shall provide the Township with a one-time grant in the amount
of $35,000 within 12 months of receipt of a Renewal COA, for the purchase
of video production equipment or to be otherwise used in support of
access programming or as the Township deems appropriate.
e.
Within 12 months of receipt of a Renewal COA, Comcast shall provide
the Township with a new computer-based character generator or the
cash equivalent of $5,000 at the option of the Township.
[Ord. No. 97-25 § 16]
a.
The Company shall provide free standard installation and expanded
basic service monthly on up to 10 outlets in each school in the Township,
public and private, elementary, intermediate and secondary, provided
the school is within 200 feet of active cable distribution plant.
Each additional outlet installed, if any, shall be paid for by the
school requesting service, on a materials plus labor basis. Monthly
service charges shall be waived on all additional outlets.
b.
The Company shall provide free standard installation and expanded
basic service monthly on one outlet to each police, fire, first aid,
emergency management facility, public library and community center
in the Township at no charge, provided the facility is located within
200 feet of active cable distribution plant. Each additional outlet
installed, if any, shall be paid for by the Township on a materials
plus labor basis. Monthly service charges shall be billed at the regular
tariffed rates for any additional outlets.
c.
The Company shall provide free basic Internet access via high-speed
cable modem to one non-networked personal computer in each school
in the Township, public and private, elementary, intermediate and
secondary, at no charge, provided the facility is located within 200
feet of active cable distribution plant.
d.
The Company shall provide free basic Internet access via high-speed
cable modem on one non-networked personal computer in each public
library in the Township, at no charge, provided the facility is located
within 200 feet of active cable plant.
e.
The Company shall provide the Township Committee with an annual written
report, no later than February 1, of each year, regarding changes
in rates and programming, service enhancements and compliance with
this Article and other such matters which may be of interest to the
Township.
f.
The Company shall make every effort to deploy advanced technology
in the Township as the technology becomes commercially available and
economically feasible. That technology shall include, but not be limited
to: digital video compression; digital audio services; Internet access
and the interactive program guides.
[Ord. No. 97-25 § 17]
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 or interconnection services, the Company shall be
required to apply to the BPU for approval to enter into and establish
the terms and conditions of such contract. All costs for such application
to the BPU shall be borne by the Township.
[Ord. No. 97-25 § 18]
Upon activation of the State's Emergency Alert System ("EAS"),
the Company shall be required to have the capability to override at
the head end a portion of the system in order to permit the cablecasting
of urgency messages. The Company's participation in the EAS shall
be in compliance with applicable State and Federal Statutes and regulations.
The Company shall in no way be held liable for any injury suffered
by the Municipality or any other person, during an emergency, if for
any reason the Municipality is unable to make full use of the cable
television as contemplated herein.
[Ord. No. 97-25 § 19]
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 Municipality as an insured
and insuring against loss by any such claim, suit, judgment, execution
or demand in the minimum amounts of $1,000,000 for bodily injury or
death to one person, and $100,000 for property damage resulting from
one accident.
[Ord. No. 97-25 § 20]
All of the commitments and statements contained in the application
and any amendment thereto submitted in writing to the Municipality
by the Company except as modified herein, are binding upon the Company
as terms and conditions of this consent. The application and any other
relevant writings submitted by the Company shall be annexed hereto
and made a part hereof by reference as long as it does not conflict
with State or Federal law.
