[Editor's Note: Prior ordinance history includes portions
of Ordinance Nos. 16-82, 16-92, 2004-010 and 2010-20.]
[Added 11-12-2020 by Ord.
No. 2020-22]
The municipality 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 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 municipality of a cable television and communications
system.
[Added 11-12-2020 by Ord.
No. 2020-22]
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,
47 C.F.R. § 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:
APPLICATION
The company's application for renewal of municipal consent.
BASIC CABLE SERVICE
Any service tier, which includes the retransmission of local
television broadcast signals as defined by the FCC.
BOARD or BPU
The Board of Public Utilities, State of New Jersey.
COMPANY
The grantee of rights under this chapter and is known as
Comcast of Central New Jersey II, LLC.
FCC
The Federal Communications Commission.
PRIMARY SERVICE AREA or PSA
Consists 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.
[Added 11-12-2020 by Ord.
No. 2020-22]
Public hearings conducted by the municipality, 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 municipality,
having received at said public hearings all comments regarding the
qualifications of the company to receive this renewal of municipal
consent, the municipality 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.
[Added 11-12-2020 by Ord.
No. 2020-22]
a. The nonexclusive municipal consent granted herein shall expire 10
years from the date of expiration of the previous certificate of approval
issued by the Board.
b. In the event that the municipality shall find that the company has
not substantially complied with the material terms and conditions
of this chapter, the municipality 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 municipality 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.
[Added 11-12-2020 by Ord.
No. 2020-22]
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 municipality 3.5% of the gross revenues from all recurring
charges in the nature of subscription fees paid by subscribers for
cable television reception service in the municipality or any higher
amount required by the Act or otherwise allowable by law.
[Added 11-12-2020 by Ord.
No. 2020-22]
The consent granted under this chapter to the renewal of the
franchise shall apply to the entirety of the municipality and any
property subsequently annexed hereto.
[Added 11-12-2020 by Ord.
No. 2020-22]
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.
[Added 11-12-2020 by Ord.
No. 2020-22]
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
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.
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 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 of the company's wire and cables.
[Added 11-12-2020 by Ord.
No. 2020-22]
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 municipality
upon written request of the municipality 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 statues 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 applicable
FCC customer service regulations.
d. Nothing herein shall impair the right of any subscriber or the municipality
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.
[Added 11-12-2020 by Ord.
No. 2020-22]
The Office of Cable Television is hereby designated as the Complaint
Officer for 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.
14:17-6.5. The municipality shall have the right to reasonably request
copies of records and reports pertaining to complaints by municipality
customers from the OCTV.
[Added 11-12-2020 by Ord.
No. 2020-22]
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.
[Added 11-12-2020 by Ord.
No. 2020-22]
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.
[Added 11-12-2020 by Ord.
No. 2020-22]
The rates of the company shall be subject to regulation as permitted
by federal and state law.
[Added 11-12-2020 by Ord.
No. 2020-22]
a. The company shall continue to make available a system-wide public
access channel maintained by the company. Qualified individuals and
organizations may utilize public access for the purpose of cablecasting
noncommercial access programming in conformance with the company's
published public access rules.
b. The company shall make available a system-wide leased access channel
maintained by the company for the purpose of cablecasting commercial
leased access programming in conformance with the company's guideline
and applicable state and federal statutes and regulations.
c. The company shall continue to make available a dedicated local access
channel for the use and access by the Township for the purpose of
cablecasting noncommercial educational and or government-access programming
in conformance with the company's guideline and applicable state
and federal statutes and regulations.
d. 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.
e. The Communications Act of 1934, as amended [47 U.S.C. § 543(b)(4)], allows the company to itemize and/or identify the amount on the monthly bill assessed to satisfy any requirements imposed on the company by the cable franchise to support public, educational, and governmental channels, or the use of such channels or any other services required under the franchise. The company reserves its external cost, pass-through rights to the extent permitted by law including the services set forth in §
23-15a,
b and
c.
[Added 11-12-2020 by Ord.
No. 2020-22]
a. The company shall provide courtesy standard installation and basic
cable television service on one outlet to the municipal buildings,
Department of Public Works, water treatment plants and to each police,
fire, and emergency management facility and public library in the
municipality, provided the facility is located within 200 feet of
an active cable distribution plant. Each additional outlet installed,
if any, shall be paid for on a materials-plus-labor-basis by the municipality.
Monthly service charges shall be waived on all additional outlets,
except for equipment.
b. The company shall provide courtesy standard installation and basic
cable television service to each school in the municipality, 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 on a materials-plus-labor-basis
by the school requesting service. Monthly service charges shall be
waived on all additional outlets, except for equipment.
c. The following is a list of those facilities which receive, as of the adoption of this chapter, service as outlined by §
23-15a.
d. The company shall provide, courtesy internet service via one nonnetworked
cable modem and monthly internet service to the public library. The
Internet service provided for herein must be available to patron use
and cannot be limited to administrative uses. All facilities must
be a standard installation and located with 200 feet of active cable
distribution plant.
e. Within six months of the issuance of a renewal certificate of approval
by the OCTV, the company shall provide to the municipality a one-time
PEG capital grant in the amount of $35,000 for PEG access capital
support. The Township must provide proof of the access capital expenses
made from this grant.
f. In the event the municipality relocates its offices from 58 Meyersville Road, Chatham, New Jersey, during the term of this franchise to another location within the municipality, the company will provide that new location service pursuant to §§
23-14e and §
23-15a.
[Added 11-12-2020 by Ord.
No. 2020-22]
The company will comply with the Emergency Alert System ("EAS")
rules in accordance with applicable state and federal statues 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 system as contemplated herein.
[Added 11-12-2020 by Ord.
No. 2020-22]
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.
[Added 11-12-2020 by Ord.
No. 2020-22]
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 applicable state
or federal law.
[Added 11-12-2020 by Ord.
No. 2020-22]
Should the municipality 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 chapter subject to the provisions of N.J.A.C. 14:17-6.7.
[Added 11-12-2020 by Ord.
No. 2020-22]
Upon 30 days written request by the municipality, the company
shall make representatives available to meet with officials of the
municipality for the purpose of reviewing the company's performance.
The company's representative shall respond to the reasonable
requests for information made by the municipality prior to such meeting.
[Added 11-12-2020 by Ord.
No. 2020-22]
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 Ordinance.
[Added 11-12-2020 by Ord.
No. 2020-22]
This chapter shall take effect immediately upon issuance of
a renewal certificate of approval from the BPU.