[1]
Editor's Note: On April 5, 1977, the Borough of Fairview
granted its consent for a franchise to Vision Cable Television Company
which was extended by Ordinance No. 91-2. Vision Cable Television
is now trading as Time-Warner Cable.
[1974 Code § 21-1; Ord. No. 91-20 § 1; amended 9-18-2018 by Ord. No. 18-11; 1-21-2020 by Ord. No. 20-4]
The Borough of Fairview ("municipality") hereby grants to the
company 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,
and fixtures necessary for the maintenance and operation in the municipality
of a cable television system and cable communications system. Operation
and construction, pursuant to said consent, is conditioned upon prior
approval of the Board of Public Utilities.
[1974 Code § 21-2; Ord. No. 91-2 § 2; amended 9-18-2018 by Ord. No. 18-11; 1-21-2020 by Ord. No. 20-4]
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 is supplemental to those definitions
given by the Federal Communications Commission, FCC Rules and Regulations
47 CFR 76.1 et seq., and the Communications Act of 1934 at 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 construed to broaden,
alter or conflict with federal or state definitions:
Chapter 186 of the General Laws of New Jersey, and subsequent
amendment thereto, Section 48:5A-1 et seq.
The application filed by Time Warner Cable New York City
LLC, l/k/a Charter Communications, for renewal of a cable franchise
license previously granted to TWFanch-One Co., d/b/a Time Warner Cable.
The grantee of rights under this article and is known as
Time Warner Cable of New York City, LLC, L/K/A Chapter Communications.
The Borough of Fairview, County of Bergen, State of New Jersey.
Installations to residences and buildings that are located
up to 125 aerial feet from the point of connection to the company's
existing distribution system.
[1974 Code § 21-3; Ord. No. 91-20 § 3; amended 9-18-2018 by Ord. No. 18-11; 1-21-2020 by Ord. No. 20-4]
A public hearing concerning the consent herein granted to the
company was held after proper public notice pursuant to the terms
and conditions of the Act. Said hearing having been held and fully
open to the public, and the municipality having received all comments
regarding the qualifications of the company to receive this consent,
the municipality hereby finds 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.
[1974 Code § 21-4; Ord. No. 91-20 § 4; amended 9-18-2018 by Ord. No. 18-11; 1-21-2020 by Ord. No. 20-4]
The consent herein granted shall expire 15 years from the date
of expiration of the certificate of approval as issued by the Board
of Public Utilities.
[1974 Code § 21-5; Ord. No. 91-20 § 5; amended 9-18-2018 by Ord. No. 18-11; 1-21-2020 by Ord. No. 20-4]
The consent granted herein is subject to an automatic renewal
term of 10 years in accordance with the procedures set forth in N.J.S.A.
48:5A-19 and 25 and N.J.A.C. 14:18-13.6 et seq.
[1974 Code § 21-6; Ord. No. 91-20 § 6; amended 9-18-2018 by Ord. No. 18-11; 1-21-2020 by Ord. No. 20-4]
Pursuant to the terms and conditions of the Cable Television
Act, the company 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 any
amount permitted by the Act or otherwise allowable by law.
[1974 Code § 21-7; Ord. No. 91-20 § 7; amended 9-18-2018 by Ord. No. 18-11; 1-21-2020 by Ord. No. 20-4]
The company shall be required to complete any proposed construction
within the service area described in the application. The timetable
as presented in the application has been determined to be reasonable
by the municipality.
[1974 Code § 21-8; Ord. No. 91-20 § 8; amended 9-18-2018 by Ord. No. 18-11; 1-21-2020 by Ord. No. 20-4]
The consent granted herein to the company shall apply to the
entirety of the municipality and any property hereafter annexed.
[1974 Code § 21-9; Ord. No. 91-20 § 9; amended 9-18-2018 by Ord. No. 18-11; 1-21-2020 by Ord. No. 20-4]
The company shall be required to proffer service along any public
right-of-way to any person's residence or business located in
those areas of the franchise territory described herein. Any additional
extension of the system will be made in accordance with the company's
line extension policy as explained in the application.
[1974 Code 21-10.1; Ord. No. 91-20 § 10; amended 9-18-2018 by Ord. No. 18-11; 1-21-2020 by Ord. No. 20-4]
In the event that the company or its agents shall disturb any
pavement, street surfaces, sidewalks, driveways or other surfaces
in the natural topography, the company 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 said work.
[1974 Code § 21-10.2; Ord. No.
91-20 § 10; amended 9-18-2018 by Ord. No. 18-11; 1-21-2020 by Ord. No. 20-4]
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 and relocate its equipment, at the expense of
the company.
[1974 Code § 21-10.3; Ord. No.
91-20 § 10; amended 9-18-2018 by Ord. No. 18-11; 1-21-2020 by Ord. No. 20-4]
The company shall temporarily move or remove appropriate parts
of its facilities to allow for the moving of buildings, and machinery,
or in other similar circumstances. The expense shall be borne by the
party requesting such action, except when requested by the municipality,
in which case the company shall bear the cost.
[1974 Code § 21-10.4; Ord. No.
91-20 § 10; amended 9-18-2018 by Ord. No. 18-11; 1-21-2020 by Ord. No. 20-4]
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 public places of the
municipality so as to prevent the branches of such trees from coming
in contact with the wires and cables of the company. Such trimming
shall be only to the extent necessary to maintain proper clearance
for the company's facilities.
[1974 Code § 21-10.5; Ord. No.
91-20 § 11; amended 9-18-2018 by Ord. No. 18-11; 1-21-2020 by Ord. No. 20-4]
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 than 9:00 a.m. to 5:00 p.m., Monday through
Friday.
[1974 Code § 21-12; Ord. No. 91-20 § 12; amended 9-18-2018 by Ord. No. 18-11; 1-21-2020 by Ord. No. 20-4]
[1974 Code § 21-13; Ord. No. 91-20 § 13; amended 9-18-2018 by Ord. No. 18-11; 1-21-2020 by Ord. No. 20-4]
[1974 Code § 21-14; Ord. No. 91-20 § 14; amended 9-18-2018 by Ord. No. 18-11; 1-21-2020 by Ord. No. 20-4]
The rates of the company shall be subject to regulation as permitted
by federal and state law.
[1974 Code § 21-15; Ord. No. 91-20 § 15; amended 9-18-2018 by Ord. No. 18-11; 1-21-2020 by Ord. No. 20-4]
The company shall provide access time for noncommercial use
to noncommercial public, governmental and educational entities on
one PEG access channel, which the municipality will share with other
municipalities in Bergen County, New Jersey, with which the company
has a cable franchise.
[1974 Code § 21-16; Ord. No. 91-20 § 16; amended 9-18-2018 by Ord. No. 18-11; 1-21-2020 by Ord. No. 20-4]
Subject to applicable law, the company shall provide, without
charge, standard installation and one outlet and equipment of basic
cable service to the following locations: a) Tiger Hose Fire Company
#1, 221 Sedore Avenue, Fairview; b) Walker Street Fire House, 367
Walker Street, Fairview; c) Grandview Fire Company, 59 Anderson Avenue,
Fairview; d) Police Department, 59 Anderson Avenue, Fairview; and
e) #3 School, 403 Cliff Street, Fairview. The basic cable service
provided pursuant to this section shall not be used for commercial
purposes. The municipality shall take reasonable precautions to prevent
any inappropriate use or loss or damage to the company's cable
system.
[1974 Code § 21-17; Ord. No. 91-20 § 17; ; amended 9-18-2018 by Ord. No. 18-11; 1-21-2020 by Ord. No. 20-4]
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 from
anyone accident, and $50,000 for property damage resulting from any
one accident. In addition, 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 umbrella excess liability policy over and above
the primary liability limits set forth herein, in the amounts of $1,000,000
for bodily injury or death from any one accident and $1,000,000 for
property damage resulting from any one accident.
[1974 Code § 21-18; Ord. No. 91-20 § 18; amended 9-18-2018 by Ord. No. 18-11; 1-21-2020 by Ord. No. 20-4]
The company shall comply with 47 U.S.C. § 544(g) and
all regulations issued pursuant thereto with respect to an emergency
alert system ("EAS").
[1974 Code § 21-19; Ord. No. 91-20 § 19; amended 9-18-2018 by Ord. No. 18-11; 1-21-2020 by Ord. No. 20-4]
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 they do not conflict
with state or federal law.
[1974 Code § 21-20; Ord. No. 91-20 § 20; amended 9-18-2018 by Ord. No. 18-11; 1-21-2020 by Ord. No. 20-4]
If any section, subsection, sentence, clause, phrase or portion
of this chapter is for any reason held invalid or unconstitutional
by any court of federal or state agency of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining
portions hereof.
[1974 Code § 21-21; Ord. No. 91-20 § 21; ; amended 9-18-2018 by Ord. No. 18-11]
[Ord. No. 99-23 § 1]
This Article shall be known and may be cited as the "RCN Telecom
Services of New Jersey, Inc., Open Video Systems Service Agreement."
[Ord. No. 99-23 § 2]
For the purpose of this Article the following terms, phrases,
words, and their derivations shall have the meaning given herein.
When not inconsistent with the context, words used in the present
tense include the future, words in the plural include the singular,
and words in the singular, include the plural.
Shall have the same meaning as set forth in the Rules and
Regulations of the FCC which govern the provision of OVS Services
as set forth in 47 CFR 76.1500(g).
Shall mean the Borough of Fairview, County of Bergen, State
of New Jersey.
Shall mean RCN Telecom Services of New Jersey, Inc.
Shall mean the Federal Communications Commission.
Shall mean that the Federal statute relating to Open Video
Systems, known as 47 U.S.C. § 521 et seq. or as the statute may
be amended.
Shall mean those Federal regulations relating to Open Video
Systems, 47 CFR 76.1500 et seq., and to the extent applicable, any
other Federal rules and regulations.
As used herein, shall mean and include every street, road,
alley, thoroughfare, way or place of any kind used by the public or
open to use by the public.
Shall mean any person or group of persons who provides cable
television service over an open video system and directly or through
one or more affiliates owns a significant interest in such open video
system, or otherwise controls or is responsible for the management
and operation of such an open video system.
Shall mean a facility consisting of transmission paths and
associated signal generation, reception, and control equipment that
is to provide cable television service which includes video programming
to multiple subscribers within the Borough and which has received
a certificate from the FCC pursuant to 47 CFR 76.1502.
Shall mean and include the video programming services distributed
by an OVS operator or its affiliate directly to their subscribers
in the Borough by use of the OVS operator's facilities.
Shall mean any person, firm, partnership, association, corporation,
company, or organization of any kind.
Shall mean those revenues paid by the company to the Borough pursuant to § 21-26 of this agreement to be used by the Borough to promote access to advanced technologies.
Shall mean those revenues derived from the provision of video
programming services as part of the open video systems services.
[Ord. No. 99-23 § 3]
Pursuant to applicable law, at a public meeting, upon appropriate
notice, the Borough has considered the qualifications of the company
to provide OVS service and 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, and that, therefore, the Borough hereby
grants the company a nonexclusive right and privilege to construct,
erect, operate, modify and maintain, in, upon, along, across, above,
over, and under the highways, streets, alleys, sidewalks, public ways
and public places now laid out or dedicated and all extensions thereof,
and additions thereto, in the Borough such poles, wires, cables, underground
conduits, manholes, and other communications conductors and fixtures
necessary for the maintenance and operation in the Borough of an open
video system and to provide OVS service and other electronic impulses
in order to furnish television and radio programs, and various communications
and other electronic services to the public. The right so granted
includes the right to use and occupy the highways, streets, alleys,
public ways and public places, and all manner of easements for the
purposes herein set forth and as provided by Federal and State law.
[Ord. No. 99-23 § 4]
The authority granted to the company shall be for a term of
10 years from the date that notice of final passage of this Article
is published in a newspaper of general circulation in Fairview.
[Ord. No. 99-23 § 5]
The company shall, during each year of operation under this
agreement, pay to the Borough 2% of the revenues received from the
company's basic level of video programming services as a license
fee and an additional 3% of gross revenues from the company's
OVS service, which shall be applied as a Technology Access Fund. If
at any time during the course of this agreement, the company shall
agree to pay any other community in Hudson or Bergen Counties served
by the company's OVS system a higher license fee or higher Technology
Access Fund, then the Borough will also receive such an increase.
[Ord. No. 99-23 § 6]
a.
During the term of this authority, the company shall maintain a local
business office or agent for the purpose of receiving and resolving
all complaints regarding the quality of service, equipment malfunctions,
and similar matters.
b.
The company shall comply with all Federal regulations and State regulations
pertaining to customer service, including, but not limited to those
pertaining to office hours and telephone availability, installations,
outages and service interruptions, service calls, billing, billing
disputes, service-related complaints, and notices of changes in rates,
programming, and channel positions.
c.
With respect to service-related complaints and other complaints,
the company shall inform the complainant that he may request review
of the complaint by the Complaint Officer, and shall provide the subscriber
with the name and address of the Complaint Officer.
d.
With respect to service-related complaints and other complaints,
when such complaints are made in writing, the company shall retain
an actual copy of such written complaints in its files. The company
shall provide the Borough with notice of its intent to dispose of
any records kept pursuant to this section, in a manner similar to
N.J.A.C. 14:18-6.2(b), or pursuant to N.J.A.C. 14:18-6.5, at least
120 days prior to such disposal, in order to permit the Borough adequate
time to request that such records be available for the Borough's
inspection and copying as permitted by law.
e.
The company shall provide written notice to its subscribers on a
quarterly basis of the procedures by which a subscriber may obtain
credits for outages and interruptions of service.
f.
The company will meet with the Borough on an annual basis, at the
Borough's request, to review and discuss billing, service-related,
and other complaints of Fairview subscribers, and other issues of
concern of the Borough.
g.
The company will make trained company representatives available to
respond to telephone inquires from Fairview customers between the
hours of 8:00 a.m. and 11:00 p.m., Monday through Friday, between
the hours of 9:00 a.m. and 12:00 a.m. on Saturday, and between the
hours of 12:00 p.m. and 12:00 a.m. on Sunday.
h.
The Borough Clerk is hereby designated as the Complaint Officer for
the Borough.
[Ord. No. 99-23 § 7]
a.
The company expressly agrees that it will indemnify and hold harmless
the Borough and its officials, agents and employees and pay all damages
and penalties which the Borough may legally be required to pay as
a result of the company's negligence in the installation, operation,
or maintenance of the open video system authorized herein. The Borough
shall notify the company's manager within 90 days after the presentation
of any claim or demand to the Borough, either by suit or otherwise,
made against the Borough on account of any negligence or contract
as aforesaid on the part of the company.
b.
Furthermore, the company shall maintain and keep in full force and
effect liability insurance naming the Borough and the company as insureds
and insuring against loss by any claim, suit, judgment, execution
or demand in the minimum amounts as follows: (1) $1,000,000 for bodily
injury or death resulting from any one accident; (2) $3,000,000 for
property damage resulting from any one accident; (3) $1,000,000 for
all other types of liability including property damage; and an umbrella
policy in the minimum amount of $15,000,000.
c.
Upon the effective date of this authority, the company shall secure
a performance bond in the amount of $100,000. Upon completion of construction
of the system and during the life of this authority, the company may
reduce the amount to $25,000. Such bond shall be to insure the faithful
performance of all undertakings of the company.
[Ord. No. 99-23 § 8]
The authority granted under this Article shall apply to the
entirety of the Borough, and any property hereafter annexed thereto.
[Ord. No. 99-23 § 8]
In transmitting its communications signals to subscribers in
the Borough, the company shall provide a quality of signal that is
at least as good as that customarily provided under prevailing industry
standards, and shall comply with any requirements imposed by the Federal
regulations, any Federal pronouncements, and (to the extent not preempted
by Federal law) any State pronouncements relating to technical standards
for the transmission of communication signals, transmission quality,
or facilities and equipment. The company shall notify the Borough
prior to commencement of any work or construction activities which
would materially impact the condition or use of Borough property or
the public streets and rights-of-way.
[Ord. No. 99-23 § 8]
The company shall be required to provide service to any person's
residence or business located in the Borough along public streets
and rights-of-way, except where access to such residence or business
is denied.
[Ord. No. 99-23 § 8]
In the event that, at any time during the term of this Article,
the Borough shall lawfully elect to alter or change the grade of any
street, alley, or other public way, the company, upon reasonable notice
by the Borough, shall promptly remove, relay and relocate its poles,
wires, cables, underground conduits, manholes, and other fixtures
at the company's own expense.
[Ord. No. 99-23 § 8]
The company shall, on the request of any person holding a valid
building moving permit issued by the Borough, temporarily raise or
lower its wires to permit the moving of buildings, machinery or in
other similar circumstances. The expense of such temporary removal,
raising or lowering of wires shall be paid by the person requesting
same, unless the request is on behalf of the Borough in which case
there shall be no charge. The company shall have the authority to
require any such payment in advance. The company shall be given not
less than 30 days' advance notice to arrange for temporary wire
changes.
[Ord. No. 99-23 § 8]
The company shall have the authority to trim trees upon and
overhanging streets, highways, alleys, sidewalks, and public places
within the Borough so as to prevent the branches of such trees from
coming into contact with the wires and cables of the company.
[Ord. No. 99-23 § 8]
All facilities and equipment of the company shall be constructed
and maintained in accordance with the requirements and specifications
of the applicable ordinance and regulations set forth by the Borough
and/or any other local, State or Federal agencies. The company shall
maintain its facilities and equipment within the Borough in good and
reasonable operating condition at all times during the term of the
authority granted herein.
[Ord. No. 99-23 § 8]
During the initial construction of the open video system, the
company will coordinate construction activities with the Borough to
minimize disruption to residents of the Borough. The vehicles of the
company, and those of any contractors, shall be suitably marked and
all employees and contractors shall display appropriate identification.
[Ord. No. 99-23 § 9]
The company shall have the authority to promulgate such reasonable
rules, regulations, terms and conditions governing the conduct of
its business as shall be reasonably necessary to enable the company
to exercise its rights and perform its obligations under this authority,
and to assure an uninterrupted service to each and all of its customers;
provided, however, that such rules, regulations, terms and conditions
shall not be in conflict with Federal and/or State laws.
[Ord. No. 99-23 § 10]
The company shall not sell or transfer its open video system
to another entity, nor transfer any rights under this Article to another,
without the consent of the Borough, which shall not be unreasonably
withheld. The company shall notify the Borough at least 60 days in
advance of any transfer. Such transfer shall be deemed approved by
the Borough if the Borough has not raised any questions or objections
within 60 days of receipts of such notice. The company, may, however,
upon 60 days' written notice to the Borough, and without reasonable
objections by the Borough, transfer any rights or privileges to an
affiliate of the company without prior approval and may pledge its
property in the ordinary course of business.
[Ord. No. 99-23 § 11]
This Article and agreement is subject to all provisions of the
State and Federal law applicable to OVS service providers and to all
lawful rules and regulations pursuant thereto.
[Ord. No. 99-23 § 12]
The company shall not allow its OVS service or other operations
to interfere with television reception of persons not served by the
company, nor shall the system interfere with, obstruct or hinder in
any manner, the operation of the various utilities serving the residents
of the Borough.
[Ord. No. 99-23 § 13]
The company shall provide installation and at least one outlet
of free monthly basic service in all schools and public libraries
in the Borough, as well as Borough Hall.
[Ord. No. 99-23 § 14]
The company shall offer a discount of $2 on its basic level
of video programming service, exclusive of any other package or discounts,
to any senior citizen 62 years of age or older who does not share
the company's service with more than one person who is less than
62 years of age and any disabled persons or any disabled individual.
In order to receive the discount, the senior citizens or disabled
citizen must have an annual household income of $30,000 or less.
[Ord. No. 99-23 § 15]
a.
After the construction is complete, the company will provide a minimum
of one governmental access channel, one educational access channel
and one public access channel on the Fairview system. The educational
access channels, governmental access channels and public access channels
(hereinafter referred to collectively as the "PEG channels") will
be provided at no cost to the Borough as part of the entry level service
for the duration of the agreement.
b.
In the event that any of the access channels are relocated to another
channel number during the term of this agreement, the company shall
comply with the provisions of the Federal regulations and any applicable
State regulations pertaining to changes in channel positions or channel
allocation, including but not limited to 47 CFR 76.309 (c)(3). Additionally,
in such event, the company shall publish notice of any change in an
access channel position in a newspaper of general circulation in Fairview
at least 15 days prior to the effective date of such change, and a
second time no more than eight days nor less than five days prior
to the effective date of such change. Furthermore, contemporaneous
with its written notice provided to subscribers, the company shall
provide written notice to the Borough of any change in the channel
position of either the municipal or educational access channel, and
written notice to the Fairview Board of Education of any change in
the channel position of the educational access channel.
c.
The company shall take any steps that are necessary to ensure that
the signals originated on the PEG channels are carried without material
degradation, and that the quality of the signal transmitted to subscribers
over the PEG channels meets prevailing industry standards and is equal
to the quality of the signals transmitted by RCN on its other channels.
[Ord. No. 99-23 § 16]
a.
The company will provide free of charge such technical assistance,
advice, and support as is reasonably requested by the Borough. Such
technical assistance, advice and support will be available to:
b.
Upon reasonable notice to the company by the Borough, the company
shall provide annual training workshops, free of charge, to municipal
and educational persons or groups on the use of access facilities
and equipment, including production techniques. Equipment for public
access courses will be provided by the company.
[Ord. No. 99-23 § 17]
a.
The company shall provide Internet access services for use by the
Borough. Internet access shall include the hosting of an Internet
web site for the Borough and Internet addresses for Borough Hall officials.
The company shall also provide one outlet of a basic level of Internet
access to each school and library in the Borough.
b.
Upon completion of construction of the open video system, the company
shall dedicate two fiber optic cables to permit an interconnection
of municipal building and schools. These fiber optic cables would
permit two-way video capability and point-to-point data capability.
The two fiber optic cables would be owned and maintained by the company,
but would be dedicated to the Borough's use. End user equipment
will be the responsibility of the Borough to purchase and maintain.
[Ord. No. 99-23 § 18]
The open video system shall have the capability to have an emergency
alert throughout the Borough by an audio or video override of all
channels in the event of a public emergency. The company shall coordinate
the use of the emergency alert system with appropriate national, State
and local officials.
[Ord. No. 99-23 § 19]
If any section, subsection, sentence, clause, phrase, or portion
of this Article is for any reason held invalid, preempted, or unconstitutional
by any Court or Federal or State agency of competent jurisdiction,
such portion shall be deemed a separate, distinct, and independent
provision of this Article, and such holding shall not affect the validity
of the remaining portions hereof.
[Ord. No. 99-23 § 20]
a.
This agreement is subject to the laws of the State of New Jersey
and any actions hereto shall be maintained in the State of New Jersey.
b.
Should any of the Federal or State acts, regulations or pronouncements applicable to the regulation of OVS service or cable television service be modified in any way, such modification, to the extent it embodies required terms and conditions and meaningfully can be incorporated into this Article, shall be so incorporated, consistent with any applicable effective dates specified in such modification. To the extent that any such modifications places limits on permissible terms and conditions, and any provision of this Article becomes invalid by virtue of such modification, the preceding § 21-40 shall apply.
[Ord. No. 99-23 § 21]
This Article shall take effect upon its final passage and publication
according to law.
[Ord. No. 99-23 § 22]
The rights granted herein are nonexclusive and the Borough may,
in accordance with the requirements of Federal or State law, award
another like authority to a separate company in addition to the company.
[Ord. No. 99-23 § 23]
All notices shall be sent via certified mail/return receipt
requested and regular mail to the following addresses:
|
For the Borough:
|
For the Company:
|
|
Borough Clerk
|
RCN Telecom Services of New Jersey, Borough Hall Inc.
|
|
59 Anderson Avenue
|
George Duffy
|
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Fairview, NJ 07022
|
Vice President, Franchising and Development
105 Carnegie Center
Princeton, NJ 08540
|
[Ord. No. 99-23 § 24]
This agreement may be amended or modified in accordance with
law if, during the term of this agreement, the parties determine that
such amendment or modification is necessary or desirable due to changes
in circumstances or applicable law.
