[Editor's Note: Prior ordinance history includes
portions of Ordinance Nos. 1005 and 1627]
[Ord. No. 04-47 Preamble]
The governing body of the Township of Neptune (hereinafter referred
to as the "Township") determined that Cablevision of Monmouth, Inc.,
(hereinafter referred to as "the Company" or "Cablevision") had the
technical competence and general fitness to operate a cable television
system in the Township, and by prior ordinance granted its municipal
consent for Cablevision to obtain a non-exclusive franchise for the
placement of facilities and the establishment of a cable television
system in the Township.
By application for renewal consent filed with the Township and
the Office of Cable Television on or about July 26, 2002, Cablevision
has sought a renewal of the franchise.
The Township having held public hearings has made due inquiry
to review Cablevision's performance under the franchise, and
to identify the Township's future cable-related needs and interests
and has concluded that Cablevision has substantially complied with
its obligations under the franchise and has committed to certain undertakings
responsive to the Township's future cable-related needs and interests.
The governing body of the Township has accordingly concluded
that the consent should be renewed subject to the requirements set
forth below; and that, provided Cablevision's proposal for renewal
embodies the commitments set forth below, the Township's municipal
consent to the renewal of the franchise should be given.
[Ord. No. 04-47 § 1]
For the purpose of this chapter the terms defined above shall
have the meanings there indicated, and the following additional terms
shall have the following meanings:
Shall mean that statute of the State of New Jersey relating
to cable television, known as the Cable Television Act, N.J.S.A. 48:5A-1
et seq.
Shall mean Cablevision's application for Renewal of
Municipal Consent, which application is on file in the Township Clerk's
office and is incorporated herein by reference and made a part hereof,
except as modified, changed, limited or altered by this chapter.
Shall mean the Board of Public Utilities of the State of
New Jersey or its successor agency.
Shall mean Cablevision of Monmouth, Inc. ("Cablevision")
the grantee of rights under this chapter.
Shall mean the Federal Communications Commission.
Shall mean that Federal statute relating to cable communications
commonly known as the Cable Communications Policy Act of 1984, 47
U.S.C. Section 521 et seq. and the Telecommunications Act of 1996,
or as those statutes may be amended.
Shall mean those Federal regulations relating to cable television
services, 47 C.F.R. Section 76.1 et seq. (and, to the extent applicable,
any other Federal rules and regulations relating to cable television,
including, but not limited to, those described in 47 C.F.R. Section
76.3), or as such regulations may be amended.
Shall mean the State of New Jersey.
Shall mean those regulations of the State of New Jersey Board
of Public Utilities relating to cable television. N.J.A.C. 14:17-1.1
et seq. and N.J.A.C. 14:18-1 et seq., or as such regulations may be
amended.
Shall mean the governing body of the Township of Neptune
in the County of Monmouth, and the State of New Jersey.
[Ord. No. 04-47 § 2]
A public hearing concerning the consent herein granted to Cablevision
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 Cablevision to receive this consent, the Township hereby finds
Cablevision possesses the necessary legal, technical, character, financial
and other qualifications to support municipal consent, and that Cablevision's
operating and construction arrangements are adequate and feasible.
[Ord. No. 04-47 § 3]
The Township hereby grants to Cablevision its non-exclusive
consent to place in, upon, along, across, above, over, and under its
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 Township of a cable television
system, and for the provision of any communication service over the
such system as may be authorized by Federal or State regulatory agencies.
Operation and construction, pursuant to said consent, is conditioned
upon prior approval of the Board of Public Utilities.
[Ord. No. 04-47 § 4]
The consent granted herein shall be non-exclusive and shall
be for a term of fifteen (15) years from the date of issuance of a
Certificate of Approval by the Board.
[Ord. No. 04-47 § 5]
If Cablevision seeks successive consent, it shall, prior to
the expiration of this consent, apply for a Municipal consent and
Certificate of Approval in accordance with N.J.S.A. 48:5A-16, and
applicable State and Federal rules and regulations. The Company shall
also petition the Board for approval authorizing continued operation
during the period following expiration of the consent granted herein,
and until such a time that a decision is made by the Township and
the Board relative to the renewal of the consent.
[Ord. No. 04-47 § 6]
The consent granted under this chapter to Cablevision shall
apply to the entirety of the Township and any property hereafter annexed.
[Ord. No. 04-47 § 7]
Cablevision shall be required to proffer video programming service
along any public right-of-way to any person's residence within
the portion of the franchise territory at tariffed rates for standard
and nonstandard installation.
[Ord. No. 04-47 § 8]
Cablevision shall extend service along any public right-of-way
outside its primary service area to those residences within the franchise
territory. Cablevision shall extend service to all others pursuant
to its Line Extension Policy set forth as Appendix G to the application
for municipal consent.
[Ord. No. 04-47 § 9]
Pursuant to the terms and conditions of the Cable Television
Act, Cablevision shall pay to the Township, as an annual franchise
fee, a sum equal to two (2%) percent of the actual gross revenues
received from all recurring charges in the nature of subscription
fees paid by subscribers for its cable television reception services
in the Township. In the event applicable law hereinafter permits a
larger franchise fee to be collected, but does not fix the amount
thereof, the Township and Cablevision shall negotiate in good faith
with respect to the amount thereof.
[Ord. No. 04-47 § 10]
a.
Cablevision shall, upon written request, provide free of charge,
one (1) standard installation and monthly cable television reception
service to all State or locally accredited elementary and secondary
public schools and all municipal public libraries, as well as all
municipally owned buildings located within the Township that are used
for municipal governmental purposes.
b.
Cablevision shall, upon written request, provide free of charge,
one (1) high-speed cable modem and monthly Internet access service,
including a standard installation service to one (1) municipally owned
building, all State or locally accredited public schools, elementary
and secondary private schools and all municipal public libraries,
subject to the terms, conditions and use policies of the Company.
[Ord. No. 04-47 § 11]
a.
Cablevision shall perform construction and installation of its plant
and facilities in accordance with applicable State and Federal law.
The Company shall be subject to the following additional construction
requirements with respect to the installation of its plant and facilities
in the Township:
1.
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 disturbances in
as good a condition as existed prior to the commencement of said work.
2.
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 Township shall
remove or relocate its equipment, at its own expense.
3.
Upon request of a person holding a building or moving permit issued
by the Township, the Company shall temporarily move or remove appropriate
parts of its facilities so as to permit the moving or erection of
buildings or for the performance of other work. The expense of any
such temporary removal or relocation shall be paid in advance to the
Company by the person requesting the same. In such cases, the Company
shall be given not less than fourteen (14) days prior written notice
in order to arrange for the changes required.
4.
During the exercise of its rights and privileges under this consent,
the Company shall have the authority to trim trees upon and overhanging
streets, alleys, sidewalks and public places of the Township so as
to prevent the branches of such trees from coming in contact with
the wires, cables, conduits and fixtures of the Company. Such trimming
shall be only to the extent necessary to maintain proper clearance
for the Company's facilities.
[Ord. No. 04-47 § 12]
Cablevision shall comply with the technical and customer service
standards established for the cable industry under applicable Federal
and State laws, rules and regulations.
[Ord. No. 04-47 § 13]
Cablevision shall establish and maintain during the entire term
of this consent a local area business office or agent for the purpose
of receiving, investigating and resolving complaints regarding the
quality of service, equipment malfunctions and similar matters. Said
office shall be open daily during normal business hours, and in no
event less than 9:00 a.m. to 5:00 p.m., Monday through Friday, with
the exception of holidays. Said office shall also be open one (1)
week day evening or one (1) weekend day for not less than three (3)
hours.
[Ord. No. 04-47 § 14; Ord. No. 07-31 § 1]
The Board of Public Utilities, Office of Cable Television, is
hereby designated as the complaint officer for the Township pursuant
to the provisions of N.J.S.A. 48:5A-26. All complaints shall be reviewed
and processed substantially similar to the process set forth in N.J.S.A.
48:5A-26.
[Ord. No. 04-47 § 15]
Cablevision agrees to maintain and keep in force and effect
at its sole cost at all times during the term of this consent, sufficient
liability insurance naming the Township as an additional insured and
insuring against loss by any such claim, suit, judgment, execution
or demand in the minimum amounts of five hundred thousand ($500,000.00)
dollars for bodily injury or death to one (1) person, and one million
($1,000,000.00) dollars for bodily injury or death resulting from
any one (1) accident or occurrence stemming from or arising out of
the Company's exercise of its rights hereunder.
[Ord. No. 04-47 § 16]
Cablevision shall obtain and maintain, at its sole cost and
expense, during the entire term of this Agreement, a bond to the municipality
in the amount of twenty-five thousand ($25,000.00) dollars. Such bond
shall be to insure the faithful performance of its obligations as
provided in this franchise.
[Ord. No. 04-47 § 17]
a.
The rates of the Company for cable television services shall be subject
to regulation to the extent permitted by Federal and State law.
b.
Cablevision shall implement a senior citizen discount in the amount
of ten (10%) percent off the monthly rate of the broadcast basic level
of cable television reception service to any person sixty-two (62)
years of age or older who subscribes to the Company's cable television
service, subject to the following:
1.
Such discount shall only be available to eligible senior citizens
who do not share the subscription with more than one (1) person in
the same household who is less than sixty-two (62) years of age; and,
2.
In accordance with N.J.S.A. 48:5A-11.2, subscribers seeking eligibility
for the discount must meet the income and residence requirements of
the Pharmaceutical Assistance to the Aged and Disabled program pursuant
to N.J.S.A. 30:4D-21; and,
3.
The senior discount herein relates only to the broadcast basic level
of cable television service, and shall not apply to any additional
service, feature, or equipment offered by the Company, including any
premium channel services and pay-per-view services, and
4.
Senior citizens who subscribe to a level of cable television service
beyond expanded basic service, including any premium or per channel
a la carte service, shall not be eligible for the discount.
[Ord. No. 04-47 § 18]
Cablevision shall be required to have the capability to override
the audio portion of the system in order to permit the broadcasting
of emergency messages pursuant to State and Federal requirements.
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 municipality is unable to make full use of the cable television
system as contemplated herein. The Township shall utilize the State-approved
procedures for such emergency uses.
[Ord. No. 04-47 § 19]
Cablevision agrees that the capabilities of the cable system
shall be maintained technologically current throughout the duration
of the franchise, as compared with other communities, of similar size,
served by the Company, to the extent economically reasonable and commercially
practicable.
[Ord. No. 04-47 § 20]
In the event that another multi-channel video program provider's
service within the Township creates a significant competitive disadvantage
to Cablevision, the Company shall have the right to request from the
Township lawful amendments to its franchise that relieve it of burdens
which create the unfair competitive situation. Should the Company
seek such amendments to its franchise, the parties agree to negotiate
in good-faith appropriate changes to the franchise in order to relieve
the Company of such competitive disadvantages. If the parties can
reach an agreement on such terms, the Township agrees to support the
Company's petition to the Board for modification of the consent
in accordance with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7.
If the parties are unable to reach an agreement on appropriate
amendments to the franchise, the Township acknowledges that the Company
shall have the right to petition the Board directly for such amendments
in accordance with N.J.S.A. 48:5A-47 and N.J.AC. 14:17-6.7; provided,
however, the Township shall be under no obligation to support Cablevision's
request for such relief from the Board.
Cablevision represents and acknowledges that as of the date
of its acceptance of this municipal consent, competition within the
Township has not yet risen to the level of creating a significant
competitive disadvantage sufficient to enable the Company to seek
relief under this section.
[Ord. No. 04-47 § 21]
Upon expiration, termination or revocation of this chapter,
Cablevision at its sole cost and expense and upon direction of the
Board, shall remove the cables and appurtenant devices constructed
or maintained in connection with the services authorized herein, unless
Cablevision, its affiliated entities or assignees should, within six
(6) months after such expiration, termination or revocation obtain
certification from the FCC to operate an open video system or any
other Federal or State certification to provide telecommunications.
[Ord. No. 04-47 § 22]
a.
Cablevision shall continue to make available noncommercial public,
educational and governmental (PEG) access as described in the application
for municipal consent.
b.
The Township agrees that Cablevision shall retain the right to use
the PEG access channel, or portion thereof, for non-PEG access programming,
during times when the Township is not utilizing the channel for purposes
of providing PEG access programming. In the event that the Company
uses said PEG access channel for the presentation of such other programming,
the PEG programming shall remain the priority use and the Company's
rights with respect to using the channel for non-PEG programming shall
be subordinate to the Township's provision of PEG access programming
on such channel.
c.
In consideration for the rights granted in this chapter, the Company
shall provide the Township with a one-time grant of one hundred thousand
($100,000.00) dollars, which may be used by the Township for any cable
and/or other telecommunications related purpose as the Township, in
its discretion, may deem appropriate.
d.
Cablevision shall provide one (1) access return line at a building
to be determined by the Township and located within the municipality,
including the modulator and associated signal transmission equipment
(but excluding cameras, play back devices and other production related
equipment) necessary to allow for upstream programming from this location
by the Township for the production of noncommercial public, educational
and governmental access programming on the cable system.
[Ord. No. 04-47 § 23]
All of the commitments contained in the application and any
amendment thereto submitted in writing to the Township by the Company
except as modified herein, are binding upon Cablevision as terms and
conditions of this consent. The application and any other written
amendments thereto submitted by Cablevision in connection with this
consent are incorporated in this chapter by reference and made a part
hereof, except as specifically modified, changed, limited, or altered
by this chapter, or to the extent that they conflict with State or
Federal law.
[Ord. No. 04-47 § 24]
This consent shall be construed in a manner consistent with
all applicable Federal, State and local laws.
[Ord. No. 04-47 § 25]
If any section, subsection, sentence, clause, phrase, or portion
of this chapter is for any reason held invalid or unconstitutional
by any court 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 portion thereof.
[Ord. No. 04-47 § 26]
This chapter shall take effect upon issuance of a Certificate
of Approval as issued by the Board of Public Utilities.
