[Ord. No. 2008-9 § I]
The Township hereby grants to Comcast of New Jersey II, LLC
renewal of its nonexclusive Municipal Consent to place in, upon, across,
above, over and under highways, streets, alleys, sidewalks, easements,
public ways and public places in the municipality, 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. 2008-9 § I]
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.), 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-I et sea.), and shall in no way be construed to
broaden, alter or conflict with the Federal and State definitions:
Shall mean Chapter 186 of the General Laws of New Jersey,
and subsequent amendments thereto, N.J.S.A. 48:5A-1, et seq.
Shall mean the Company's Application for Renewal of Municipal
Consent.
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 Ordinance and
is known as Comcast of New Jersey II, LLC.
Shall mean the Federal Communications Commission.
Shall mean the Office of Cable Television of the Board.
Shall mean and consist of the area of the municipality currently
served with existing plant as set forth in the map annexed to the
Company's Application for Municipal Consent.
Shall mean the Township of Springfield, County of Union,
State of New Jersey.
[Ord. No. 2008-9 § I]
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. 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,
character, financial and other qualifications and that the Company's
operating and construction arrangements are adequate and feasible.
[Ord. No. 2008-9 § I]
The nonexclusive Municipal Consent granted herein shall expire
15 years from the date of expiration of the previous Certificate of
Approval issued by the Board.
In the event that the Township shall find that the Company has
not substantially complied with the material terms and conditions
of this Ordinance, the Township shall have the right to petition the
OCTV, pursuant to N.J.S.A. 48:5A-47, for appropriate action, including
modification and/or termination of the Certificate of Approval; provided
however, that the Township shall first have given the Company written
notice of all alleged instances of noncompliance and an opportunity
to cure same within 90 days of that notification.
[Ord. No. 2008-9 § I]
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 for cable television
reception service in the Township or any higher amount permitted by
the Act or otherwise allowable by law, whichever is greater.
[Ord. No. 2008-9 § I]
The consent to the renewal of the franchise granted under this
Ordinance shall apply to the entirety of the Township and any property
subsequently annexed thereto.
[Ord. No. 2008-9 § I]
The Company shall be required to proffer service to any residence
or business along any public right-of-way in the Primary Service Area,
as set forth in the Company's application. The Company's Line Extension
Policy, as set forth in the Company's application, shall govern any
extension of plant beyond the Primary Service Area.
Comcast will comply with all lawful rules and regulations governing
the operation of its cable television system and cable communications
system within the Township. If any referenced regulations are deemed
unlawful by a court of competent jurisdiction or superseded by a duly
enacted State or Federal statute or regulation, Comcast will not be
bound by such regulation, nor will the Company be bound by any provision
of the Municipal Consent Ordinance or Renewal Certificate of Approval
with regard to same. Comcast reserves the right to seek administrative
or judicial review of the validity of any statute, regulation or ordinance.
[Ord. No. 2008-9 § I]
a.
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 said work.
b.
Relocation. If at any time during the period of this consent, the
Township shall alter or change the grade of any street, alley or other
way or place the Company, upon reasonable notice by the Township,
shall remove, re-lay or relocate its equipment, at the expense of
the Company.
c.
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 or 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 only to the extent necessary to maintain proper
clearance of the Company's wire and cables.
[Ord. No. 2008-9 § I]
In providing services to its customers, the Company shall comply
with N.J.A.C. 14:18-1 et seq. and all applicable State and Federal
statutes and regulations. The Company 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 it to the Township upon
written request.
a.
The Company shall continue to comply fully with all applicable State
and Federal statutes and regulations regarding credit for outages,
the reporting of same to regulatory agencies and notification of same
to customers.
b.
The Company shall continue to fully comply with all applicable State
and Federal statutes and regulations regarding the availability of
devices for the hearing impaired and the notification of same to customers.
c.
The Company shall use every reasonable effort to meet or exceed voluntary
standards for telephone accessibility developed by the National Cable
Television Association (NCTA).
d.
Nothing herein shall impair the right of any subscriber or the Township
to express any comment with respect to telephone accessibility to
the Complaint Officer, or impair the right of the Complaint Officer
to take any action that is permitted under law.
[Ord. No. 2008-9 § I]
The Office of Cable Television is hereby designed as the Complaint
Officer for the Township 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 Township shall have the right to request copies of records and
reports pertaining to complaints by Municipality customers from the
OCTV.
[Ord. No. 2008-9 § I]
During the term of this franchise, and any renewal thereof,
the Company shall maintain a business office or agent in accordance
with N.J.A.C. 14:18-5.1 for the purpose of receiving, investigating
and resolving all local complaints regarding the quality of service,
equipment malfunctions, and similar matters. Such a business office
shall have a publicly listed toll-free telephone number and be open
during standard business hours, and in no event (excepting emergent
circumstances) less than 9:00 a.m. to 5:00 p.m., Monday through Friday.
[Ord. No. 2008-9 § I]
During the life of the franchise the Company shall give to the
Township 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. 2008-9 § I]
The rates of the Company shall be subject to regulation as permitted
by Federal and State law.
[Ord. No. 2008-9 § I]
a.
The Company shall continue to provide a system-wide public access
channel maintained by the Company. Qualified individuals and organizations
may utilize public access for the purpose of cablecasting non-commercial
access programming in conformance with the Company's published public
access rules.
b.
The Company shall continue to provide a system-wide leased access
channel maintained by the Company for the purpose of cablecasting
commercial access programming in conformance with the Company's guideline
and applicable State and Federal statutes and regulations.
c.
The Company shall continue to provide a shared local access channel
to be maintained by the Company and operated by the Township's access
or PEG designee (so long as that organization or its successor continues
to be the Township's access or PEG designee), for the purpose of local
governmental and educational access programming in conformance with
the Company's guidelines and applicable State and Federal statutes
and regulations. If the shared local access channel (currently channel
36) goes black or is devoid of all programming and ceases to be used
for a period of 10 consecutive weeks, the Township shall not object
to foregoing its right to use the shared local access channel and,
thereafter, Comcast, in its full discretion, shall be entitled to
utilize the channel without restriction.
d.
The Company shall provide a dedicated digital local access channel
and return line maintained by the Company for the purpose of cablecasting
noncommercial access programming in conformance with the Company's
guideline and applicable State and Federal statutes and regulations.
A digital converter or cable card is required to view this channel.
e.
The Company shall take any steps that are necessary to ensure that
the signals originated on the access channels are carried without
material degradation, and with a signal whose quality is equal to
that of the other standard channels that the Company transmits.
[Ord. No. 2008-9 § I]
a.
The Company shall provide standard installation and basic cable television
service on one outlet, at no cost, to 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 charged on a materials,
equipment and plus labor basis. Monthly service charges shall be waived
on all additional outlets. Conversion of non-Company authorized outlets
to Company standards, including wiring, equipment and installation
charges shall also be charged on a material plus labor basis.
b.
The Company shall provide standard installation basic cable television
service at no cost on one outlet each, at each police, fire, first
aid, emergency management, Department of Public Works, recreation
center and town-operated community center facility, as well as two
additional outlets at the public library in the Township, provided
the facility is located within 200 feet of active cable distribution
plant. Each additional outlet installed, if any, shall be paid for
on a materials, equipment and plus labor basis by the Township. Monthly
service charges shall be waived on all additional outlets. Conversion
of non-Company authorized outlets to Company standards, including
wiring, equipment and installation charges shall be paid by the Township.
c.
The Company shall continue to provide one free non-networked high
speed Internet connection and service (one outlet at each location)
at public library buildings and all public and private schools. Connections
are to be located in areas accessible to student and community use,
and cannot be restricted to administrative use. All facilities must
be located within 200 feet of active cable plant.
d.
The Company shall provide an additional fiber optic local access
return with transmitter, receiver and monitor outlet (monitor not
provided by Company) at a location of the Township's choosing within
one year of written request from the Township. Location must be within
200 feet of active cable plant.
e.
The Company shall provide a second dedicated digital access channel
when the Township demonstrates programming on the first digital access
channel equal to 20 hours of unduplicated original programming per
week for a period of 13 consecutive weeks and exclusive of regularly
scheduled statutory meetings of official municipal bodies, i.e. Township
Committee, Planning Board, Zoning Board of Adjustment and School Board
of Education. Availability of the second channel shall be completed
within one year after the end of the demonstration period and shall
be located on a channel number consecutive to the first digital access
channel.
Within six months of the issuance of a renewal Certificate of
Approval (COA) by the Board (NJ BPU office of Cable TV), the Company
shall provide to the Township a onetime grant for local access related
needs in the amount of $60,000.
f.
The Company shall make available to the Township on an availability
and scheduled basis, a mobile production vehicle for the purpose of
producing noncommercial community governmental or educational access
programming, consistent with company's written rules and regulations
on use of said vehicle. The Company shall provide basic training to
uses of production vehicle and will provide other technical assistance
and training upon written request for local residents for the purpose
of producing PEG access programming, to the extent that the Company
offers such technical assistance and training.
g.
The Company shall make every effort to deploy new or advanced technology
and/or services which are commercially available, technically feasible
and economically practicable.
[Ord. No. 2008-9 § I]
The Company will comply with the Emergency Alert System ("EAS")
rules in accordance with applicable State and Federal statutes and
regulations. The Company shall in no way be held liable for any injury
suffered by the Township or any other person, during an emergency,
if for any reason the Township is unable to make full use of the cable
television system as contemplated herein.
[Ord. No. 2008-9 § I]
The Company 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 in the amount of $5,000,000, naming the Township as an additional
insured on each policy.
[Ord. No. 2008-9 § I]
All of the statements and commitments contained in the application
or annexed thereto and incorporated therein, and any amendments thereto,
except as modified herein, are binding upon the Company as terms and
conditions of this consent. The application and other relevant writings
submitted by the Company shall be annexed hereto and made a part hereof
by reference provided same do not conflict with applicable State or
Federal law.
[Ord. No. 2008-9 § I]
Should the Township grant a franchise to construct, operate
and maintain a cable television system to any other person, corporation
or entity on terms materially less burdensome or more favorable than
the terms contained herein, the Company may substitute such language
that is more favorable or less burdensome for the comparable provision
of this Ordinance subject to the provisions of N.J.A.C. 14:17-6.7.
[Ord. No. 2008-9 § I]
Nothing in this Franchise or in any prior agreement is or was
intended to confer third-party beneficiary status on any member of
the public to enforce the terms of such agreements or Franchise.
