[8-2-2018 by Ord. No.
18-1588[1]]
The Township hereby grants to Comcast 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 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. Operation and construction, pursuant to said consent, is conditioned
upon prior approval of the BPU.
[1]
Editor’s Note: This ordinance superseded former Ch.
20, Cable Television Franchise, adopted by Ord. No. 03-1092.
[8-2-2018 by Ord. No.
18-1588]
For the purpose of this chapter, the following terms, phrases,
words and their derivations shall have the meanings given herein.
Such meaning or definition of terms is supplemental to those definitions
of the Federal Communications Commission ("FCC") Rules and Regulations,
47 CFR 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 construed to broaden,
alter or conflict with the federal and state definitions.
Chapter 186 of the General Laws of New Jersey, and subsequent
amendments thereto, N.J.S.A. 48:5A-1 et seq.
The company's application for renewal of municipal consent.
Any service tier, which includes the retransmission of local
television broadcast signals as defined by the FCC.
The Board of Public Utilities, State of New Jersey.
The grantee of rights under this chapter, known as "Comcast
of Central New Jersey II."
The Federal Communications Commission.
The Office of Cable Television of the Board.
Consists of the area of the Township currently served with
existing plant as set forth in the map annexed to the company's
application for municipal consent.
The Township of Montgomery, County of Somerset, State of
New Jersey.
[8-2-2018 by Ord. No.
18-1588]
A public hearing conducted by the Township, concerning the renewal
of municipal consent herein granted to the company, was held after
proper public notice pursuant to the terms and conditions of the Act
and the regulations of the Board adopted pursuant thereto. Said hearing
having been fully open to the public, and the Township having received
at said public hearing 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.
[8-2-2018 by Ord. No.
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a.
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.
b.
In the event that the Township shall find that the company has not
substantially complied with the material terms and conditions of this
chapter, 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 a reasonable amount of time of that notification.
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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.
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The consent granted under this chapter for the renewal of the
franchise shall apply to the entirety of the Township and any property
subsequently annexed hereto.
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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, at tariffed rates
for standard or nonstandard installation. Any extension of plant beyond
the primary service area shall be governed by the company's line
extension policy, as set forth in the company's application,
with an HPM ("homes per mile") of 25 dwellings per linear mile from
the nearest active trunk or feeder line.
[8-2-2018 by Ord. No.
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a.
Restoration. In the event that the company or its agents shall disturb
any pavement, street surfaces, sidewalks, driveways, or other surfaces,
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.
d.
Temporary removal of cables. The company shall, upon request of the
Township, at the company's expense, temporarily raise, lower
or remove its lines and facilities in order to facilitate the moving
of buildings or machinery or in other like circumstances.
e.
Installation of equipment. The company shall install equipment in
the same location and manner as existing public utilities whenever
possible, in order to minimize the impact of same on surrounding property.
[8-2-2018 by Ord. No.
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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 of the Township Administrator or Clerk.
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.
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The Office of Cable Television ("OCTV") is hereby designated
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 Township customers
from the OCTV.
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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.
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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.
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The rates of the company shall be subject to regulation as permitted
by federal and state law.
[8-2-2018 by Ord. No.
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a.
The company shall provide expanded basic or a similar tier of cable
television service to one outlet at no cost to each qualified existing
and future school in the Township, public and private, elementary,
intermediate and secondary, provided the school building is within
200 feet of active cable distribution plant or through customer-owned
conduit. Each additional outlet installed, if any, shall be paid for
on a materials-plus-labor basis by the school requesting service.
b.
The company shall provide expanded basic or a similar tier of cable
television service at no cost to one outlet to each qualified existing
and future municipal building, police, fire, emergency management
facility and public library in the Township, provided the facility
is located within 200 feet of active cable distribution plant or through
customer-owned conduit. Each additional outlet installed, if any,
shall be paid for on a materials-plus-labor basis by the Township.
c.
Within six months of the issuance of a renewal certificate of approval
by the BPU, the company shall provide to the Township a one-time technology
grant in the amount of $30,000 to meet the technology and/or cable-related
needs of the community.
d.
Video return line.
1.
Within the first five years of the franchise and within 12 months
of a written request from the Township, the company shall construct
a video return line (VRL) with necessary associated electronics and
cable system interconnection for PEG access video origination from
the new Municipal Building located at 200 Headquarters Park Drive,
Skillman, New Jersey, at no cost to the Township. With respect to
the foregoing, any relocation/moving costs for moving Township-owned
access equipment from the current Municipal Building location shall
be the sole cost of the Township. Upon completion of the VRL construction
from the new Municipal Building, the company shall deactivate the
existing VRL in the Municipal Building located at 2261 Van Horne Road
(Route 206 North), Belle Mead, New Jersey. The intent of this paragraph
is to ensure that the Township's PEG access video origination
is able to be actively used at its then-current Municipal Building
and that transition of an active PEG access video from the existing
Municipal Building to the new Municipal Building is as seamless as
reasonably possible. The parties will use commercially reasonable
efforts to ensure that PEG access video origination from the existing
Municipal Building to the new Municipal Building does not interrupt
the Township's use of the PEG access video services.
2.
Any future moves necessitating a new or different VRL other than
the new Municipal Building, shall be entirely borne by the Township
and paid to the company prior to any such VRL construction, subject
to the following. Upon written request, the company shall provide
a written cost estimate to the Township of such future or alternative
VRL relocation.
e.
The Communications Act of 1934, as amended [47 U.S.C. § 543(b)],
allows the company to itemize and/or identify: (1) the amount on the
subscriber bill assessed as a franchise fee and the identity of the
governmental authority to which the fee is paid; (2) the amount on
the bill assessed to satisfy any requirements imposed on the company
by the cable franchise to support public, education, and/or governmental
access channels or the use of such channels; and (3) any grants or
other fees on the bill or any tax, assessment, or charge of any kind
imposed by any governmental authority on the transaction between the
operator and the subscriber. The company reserves its external cost,
pass-through rights to the full extent permitted by law.
[8-2-2018 by Ord. No.
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a.
The company will continue to provide two channels for public, educational
and governmental ("PEG") access. It will be on the most-basic tier
of service offered by the company in accordance with the Cable Act,
Section 611 (47 U.S.C. § 531), and as further set forth
below.
b.
The company does not relinquish its ownership of or ultimate right
of control over a channel by designating it for PEG use. A PEG access
user - whether an educational or government user - acquires no property
or other interest by virtue of the use of a channel so designated
and may not rely on the continued use of a particular channel number,
no matter how long the same channel may have been designated for such
use.
c.
The company shall not exercise editorial control over the use of
any educational or governmental channel capacity, except the company
may refuse to transmit any educational or governmental access program
or portion of a public or governmental access program that contains
obscenity, indecency, or nudity.
d.
Public access. "Public access" shall mean noncommercial use by the
public.
e.
Government access. "Government access" shall mean noncommercial use
by the governing bodies of the Township for the purpose of showing
the public local government at work.
f.
Fallow time. Because blank or underutilized PEG channels are not
in the public interest, in the event the Township or other PEG access
users elect not to fully program the PEG access channel, the company
may program unused time on those channels subject to reclamation by
the Township upon no less than 60 days' written notice.
[8-2-2018 by Ord. No.
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a.
The company will comply with the Emergency Alert System ("EAS") rules
in accordance with applicable state and federal statutes and regulations.
b.
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.
[8-2-2018 by Ord. No.
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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. The Township shall be named as
an additional insured on such policies.
[8-2-2018 by Ord. No.
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All of the statements and commitments contained in the application
or annexed thereto and incorporated therein, and any amendment 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 application of state
or federal law.
[8-2-2018 by Ord. No.
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Should the Township grant municipal consent for 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 chapter, subject to the provisions
of N.J.A.C. 14:17-6.7, including the agreement of the Township.
[8-2-2018 by Ord. No.
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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 its validity or unconstitutionality shall not affect
the validity of the remaining portions of the chapter.
[8-2-2018 by Ord. No.
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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.
[8-2-2018 by Ord. No.
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This chapter shall take effect immediately upon issuance of
a renewal certificate of approval from the BPU.
