[1980 Code § A247-1]
The Borough 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 Borough, 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 Borough of a cable television and communications system.
[1980 Code § A247-2]
For the purpose of this section, 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., and 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-1 et seq., and shall in no way be construed to broaden, alter or conflict with the Federal and State definitions:
- ACT OR CABLE TELEVISION ACT
- Shall mean Chapter 186 of the General Laws of New Jersey, and subsequent amendments thereto, N.J.S.A. 48:5A-1 et seq.
- BASIC CABLE SERVICE
- Shall mean any service tier, which includes the retransmission of local television broadcast signals as defined by the FCC.
- BOARD OR BPU
- Shall mean the Board of Public Utilities, State of New Jersey.
- Shall mean the grantee rights under this section and is known as Comcast of New Jersey II, LLC.
- Shall mean the Federal Communications Commission.
- MUNICIPALITY OR BOROUGH
- Shall mean the Borough of Roselle Park, County of Union, and State of New Jersey.
- OFFICE OR OCTV
- Shall mean the Office of Cable Television of the Board.
[1980 Code § A247-3]
Public hearings conducted by the Borough 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. The hearings having been fully open to the public, and the Borough having received at the public hearings all comments regarding the qualifications of the Company to receive this renewal of municipal consent, the Borough 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.
[1980 Code § A247-4]
The nonexclusive municipal consent granted herein shall expire fifteen (15) years from the date of the expiration of the previous certificate of approval (COA) issued by the Board. The consent is subject to an automatic renewal term of ten (10) years unless either the Board or the Company shall, not later than sixty (60) days before the expiration of the initial term, serve upon the other party notice of its intention not to accept such renewal. If the municipal consent or renewal thereof has expired, the Company shall not be authorized to continue its operations, unless prior to such expiration the Company has obtained a certificate of approval from the Board authorizing such continued operation, except the Company may continue its operations pending the final disposition by the Board, if the Company has initiated proceedings to obtain such certificate from the Board prior to the expiration of the municipal consent or renewal. (See N.J.S.A. 48:5A-19 and N.J.S.A. 48:5A-25.)
If the Borough chooses not to accept the automatic renewal as described above, the Borough must serve a notice of intention not to accept the renewal at least sixty (60) days prior to the expiration of the original term and must comply with the following procedure:
Prior to giving the notice of intention not to accept automatic renewal, the Borough must hold a public hearing with a stenographic record by a certified shorthand reporter, upon thirty (30) days' notice to the public and the company.
The notice of intention not to accept the automatic renewal must be based upon substantial evidence in the record leading to a finding that the Company has not met the criteria of N.J.A.C. 14:18-13.7(a)(1—4).
If the Borough has issued a notice of intention not to accept the renewal, the company may file a petition to the Board pursuant to N.J.A.C. 48:5A-17(d) prior to the expiration of its initial certificate. The Company shall file its petition pursuant to the provisions of N.J.A.C. 14:18-13.5(a). The Board will render its decision after a full hearing, upon notice to the municipality and the company basing its decision on the criteria listed in N.J.A.C. 14:18-13.7(a)(1—4).
Any negotiation of the terms of the consent subject to automatic renewal must be completed and submitted to the Board for approval as an amended consent ordinance at least sixty (60) days prior to the expiration of the initial certificate.
The performance of Comcast of New Jersey II, LLC may be reviewed by the Borough by the end of the 5th, 10th and 15th years of the initial consent term and the 5th year of automatic renewal. During the periods beginning on the 4th, 9th and 14th anniversaries of the initial consent, and the 4th anniversary of the automatic renewal, the Company shall write to the Borough advising the Borough of its rights to review the Company's performance under this section, shall present such reasonable and pertinent information as the Borough may request, and shall appear on request before a meeting of the Borough Council to answer questions about the operations of the Company and its performance. Any review shall be completed within six (6) months of the initiating letter sent by Comcast. Upon expiration of the six (6) month period without a determination that the municipal consent bye revoked, the consent shall continue in full force and effect.
In the event that the municipality shall find that the Company has not substantially complied with the material terms and conditions of this section, 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 ninety (90) days of that notification.
[1980 Code § A247-5]
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 Borough two (2%) percent of the gross revenues from all recurring charges in the nature of subscription fees paid by subscribers for cable television reception service in the Borough or any higher amount permitted by the Act or otherwise allowable by law, whichever is greater.
[1980 Code § A247-6]
The consent granted under this section to the renewal of the franchise shall apply to the entirety of the Borough and any property subsequently annexed hereto.
[1980 Code § A247-7]
The Company shall be required to proffer service along any public right-of-way to any person's residence or business located in all areas of the franchise territory, as described herein, at tariffed rates for standard and nonstandard installations.
[1980 Code § A247-8]
Restoration. In the event that the Company or its agents shall disturb any pavement, street surfaces, sidewalks, driveways, or other surface in the nature 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 the work.
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.
Temporary Removal of Cables. The Company shall, upon request of the municipality and at the Company's expense, temporarily raise, lower, or remove its lines in order to facilitate the moving of buildings or machinery or in other like circumstances. Whenever the request is made by, for, or on behalf of private parties, the cost will be borne by those same parties.
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.
[1980 Code § A247-9]
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 community upon written request of the Borough Administrator or Clerk.
The Company shall continue to comply fully with all applicable State and Federal statutes and regulations regarding credits for outages, the reporting of same to regulatory agencies and notification of same to customers.
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.
The Company shall use every effort to meet or exceed voluntary standards for telephone accessibility developed by the National Cable Television Association (NCTA). Those standards shall include but not be limited to the goal of answering ninety (90%) percent of incoming telephone calls within thirty (30) seconds.
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 appropriate under law.
The Company is permitted but is not required to charge a late fee consistent with applicable State and Federal statutes and regulations.
[1980 Code § A247-10]
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 request copies of records and reports pertaining to complaints by Borough customers from the OCTV.
[1980 Code § A247-11]
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. Telephone response for such purposes as mentioned herein will be provided by the Company's employees, representatives or agents twenty-four (24) hours per day.
The telephone number and address of the local office shall be listed in applicable telephone directories and in correspondence from the Company to the customer. The telephone number for the local office shall utilize an exchange that is a non-toll call for Borough residents.
[1980 Code § A247-12]
During the life of the franchise the Company shall give to the Municipality a bond in the amount of twenty-five thousand ($25,000.00) dollars. Such bond shall to be insure the faithful performance of all undertakings of the Company as represented in its application for municipal consent incorporated herein.
[1980 Code § A247-13]
The rates of the Company shall be subject to regulation as permitted by Federal and State law.
[1980 Code § A247-14]
The Company shall continue to provide residents with a system-wide public access channel (currently Channel 26) 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.
The Company shall continue to provide a system-wide leased access channel (currently Channel 27) 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.
The Company shall continue to provide a dedicated local municipal access channel (currently Channel 34) maintained by the Company for the purpose of cablecasting noncommercial governmental and educational access programming.
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 quality equal to that of the other standard channels that the Company transmits.
[1980 Code § A247-15]
Within twelve (12) months of the date of issuance of the renewal certificate of approval, the Company shall:
Construct and maintain, at its sole expense, a fiber optic line to run from the Roselle Park High School field house to the Roselle Park High School. In addition, the Company shall install and maintain, at its sole expense, a cable outlet for a television monitor (the monitor not to be provided by the Company) at the filed house and provide free basic monthly service.
Redirect the existing fiber optic line between the Roselle Park High School and the Comcast Roselle node to between the Roselle Park High School and the master control in the Roselle Park Borough Hall, including a transmitter and receiver. In addition, the Company shall provide, install and maintain, at its sole expense, one (1) rack mount.
Construct and maintain, at its sole expense, a fiber optic return to allow programming to originate from the Signorella Youth Center to the master control in the Roselle Park Borough Hall.
Within six (6) months of the issuance of a renewal certificate of approval (COA) by the BPU, the Company shall provide to the Municipality a one (1) time grant for access channel equipment in the amount of forty-five thousand ($45,000.00) dollars.
The Company shall continue to provide free basic television service on one (1) outlet in each public and private elementary and secondary school that may be constructed in the Borough, provided the facility is located within two hundred (200) feet of active cable distribution plant. Each additional outlet installed, if any, shall be paid for by the school requesting service, on a materials plus labor basis. The Company shall provide a signal of sufficient strength to feed all classrooms. Monthly service charges shall be waived on all additional outlets.
The Company shall continue to provide free basic television service on one (1) outlet in the municipal building, Police Department, Fire Department, first aid squad, library, senior citizen center, historical museum and public works building that is located in or may be constructed within the Borough, provided the facility is located within two hundred (200) feet of active cable distribution plant. The Company shall provide free basic television service on one (1) outlet on up to five (5) additional municipally owned facilities that are located in or may be constructed within the Borough, provided the facility is located within two hundred (200) feet of active cable distribution plant. Each additional outlet installed, if any, shall be paid for by the request or, on a materials plus labor basis. Monthly service charges shall be waived on all additional outlets.
The Company shall provide free basic Internet service, via high-speed cable modem, to one (1) non-networked personal computer in each school and public library that may be constructed in the Borough, provided the facility is located within two hundred (200) feet of active cable distribution plant. The connection in the schools shall be accessible to student use, and cannot be restricted to administrative use. The connection in the library shall be accessible to library patrons and cannot be restricted to administrative use.
Company representatives shall appear at least once annually, upon reasonable written request of the Borough, at a public hearing of the Governing Body or before the Borough's Cable Television Advisory Committee, to discuss matters pertaining to the provision of cable service to residents of the Borough and other related issues as the Borough and Company see fit.
The Company shall make every effort to deploy new or advanced technology and/or services in the Borough that are commercially available, economically practicable, and technically feasible. The technology shall include but not be limited to: video-on-demand; digital video compression; advanced or high definition television; digital audio services; digital television; high-speed Internet service via cable modem; and interactive program guides.
[1980 Code § A247-16]
In the event that the Borough determines that it is necessary and feasible for it to contract with the Company for the purpose of providing two-way or interconnection services, the Company shall be required to apply to the BPU for approval to enter into and establish the terms and conditions of such contract. All costs for such application to the BPU shall be borne by the Borough.
[1980 Code § A247-17]
The Company shall be required to fully comply with all applicable Federal and State statutes and regulations and rules and regulations governing the implementation, operation and testing of the Emergency Alert System (EAS).
[1980 Code § A247-18]
The Company shall at all times maintain a comprehensive general liability insurance policy with a single limit amount of one million ($1,000,000.00) dollars 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 three million ($3,000,000.00) dollars.
[1980 Code § A247-19]
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 municipal consent. The application and any other relevant writings submitted by the Company shall be considered a part of this section and made a part hereof by reference as long as it does not conflict with State or Federal law. All ordinances or parts of ordinances or other agreements between the Borough and the Company that are in conflict with all the provisions of this agreement are hereby declared invalid and superseded.
[1980 Code § A247-20]
Should the Borough 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 section, subject to the provisions of N.J.A.C. 14:17-6.7.
[1980 Code § A247-21]
If any section, subsection, sentence, clause, phrase or portion of this section 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.
[1980 Code § A247-22]
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.
[1980 Code § A247-23]
This section shall take effect immediately upon issuance of a renewal certificate of approval by the BPU.