[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:
Shall mean Chapter 186 of the General Laws of New Jersey,
and subsequent amendments thereto, N.J.S.A. 48:5A-1 et seq.
Shall mean any service tier, which includes the retransmission
of local television broadcast signals as defined by the FCC.
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.
Shall mean the Borough of Roselle Park, County of Union,
and State of New Jersey.
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]
a.
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.)
b.
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:
1.
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.
2.
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).
3.
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).
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.
c.
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.
d.
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]
a.
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.
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.
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.
d.
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.
a.
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.
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 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.
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 appropriate under law.
e.
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]
a.
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.
b.
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]
a.
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.
b.
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.
c.
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.
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 quality equal to that of the
other standard channels that the Company transmits.
[1980 Code § A247-15]
a.
Within twelve (12) months of the date of issuance of the renewal
certificate of approval, the Company shall:
1.
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.
2.
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.
3.
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.
b.
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.
c.
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.
d.
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.
e.
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.
f.
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.
g.
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.
