[Ord. No. 00/09 § 4-9.1]
CSC TKR, Inc. (hereafter "Company") and its predecessor companies
have constructed and operated a cable television system within the
Borough of Watchung (hereafter "Borough") pursuant to the municipal
consent of the Borough Council and pursuant to the Certificate of
Approval issued by the Board of Regulatory Commissioners, Office of
Cable Television. The Borough Ordinance under which the Company now
operates allows for a renewal period of 10 years. The Company has
made application to the Borough for a renewal period of 15 years.
Prior to the Company's application for renewal of municipal consent,
fact finding proceedings were conducted by an advisory committee appointed
by the Borough Council to assess the Borough's future cable related
community needs and interests and to review the past performance of
the Company. The advisory committee issued a written report on or
about May 17, 1996. A public hearing was held on or about September
16, 1996 on the said application and a record was made. Following
the close of the public hearing, the Borough Council and the Company
negotiated over the services and possible improvements to the Borough's
cable television system. The specific term of renewal had been determined
after full consideration of the application of the Company "Application
for Municipal Consent" dated May 3, 1996.
Following the Public Hearing and failed negotiations, the Company
filed a Verified Petition with the State of New Jersey, Board of Public
Utilities, Office of Cable Television, Docket No. CTV 10898-97S, entitled
"In the Matter of the Application of TKR Cable Company/Tri-System,
for a Renewal Certificate of Approval for the Borough of Watchung,
Somerset County, State of New Jersey". The Borough filed an Answer
and Affirmative Defenses to Verified Petition in the aforesaid action.
Discovery was commenced relative to the aforesaid petition. Negotiations
continued and the matter was settled. As a result, this Ordinance
grants the Company an 11 year non-exclusive cable television franchise
to include the terms and conditions set forth herein. The 11 year
term begins on the date that the Board of Public Utilities issues
the Company a Certificate of Approval.
[Ord. No. 00/09 § 4-9.2]
Words used in this chapter shall have the meanings set forth
in N.J.S.A. 48:5A-3 and N.J.A.C. 14:18-1.2, as may be amended from
time to time, unless a different meaning clearly appears from the
text. In addition, the words set forth below are defined as follows:
Shall mean Chapter 186 of the General Laws of New Jersey,
1972, N.J.S.A. 48:5A-1 et seq.
Shall mean the Borough Cable Television Advisory Committee.
Shall mean the Borough of Watchung and its government, including
the Borough Council and its administrative personnel.
Shall mean the grantee of rights under this chapter and is
known as CSC TKR, Inc., its servants, employees, agents, officers,
directors and contractors.
Shall mean the Office of Cable Television, Board of Public
Utilities State of New Jersey.
[Ord. No. 00/09 § 4-9.3]
The Borough Council of the Borough of Watchung hereby consents
to the renewal of the nonexclusive cable television franchise of the
Company for a period of 11 years beginning on the date that the Board
of Public Utilities grants the Company a Certificate of Approval.
This consent shall permit the Company to place and maintain in, upon,
along, across, above, over and under the highways, streets, alleys,
sidewalks, public ways and public places in Borough, poles, wires,
cable, underground conduits, manholes, and other cable television
conductors and fixtures necessary for the maintenance and operation
of a cable television system. The consent, however, is subject to
the provisions of this chapter, and further subject to the written
acceptance by the Company of all the terms and conditions of this
chapter. Pursuant to this grant of consent, the Company shall continuously
operate a cable television system in the Borough and shall continually
furnish cable television reception service to all subscribers within
the Borough in accordance with applicable law. In the event that the
Company violates any provision of this chapter, the Borough shall
allow the Company a reasonable period of time to cure the violation.
In the event the Company does not cure the violation in a timely manner,
the matter will be referred to OCTV for appropriate action.
[Ord. No. 00/09 § 4-9.4]
The needs of the Borough and the public to minimize interruptions
in street and sidewalk traffic and public and private business, to
avoid congestion, environmental degradation, undue cost, inconvenience,
reduction in property values, private interests and the like, frustration
or burdening of Borough planning for future utility installations
and operations, maintenance of current utilities and general planning
for development by the Borough, shall be respected by the Company
and the Company will, upon request by the Borough, notify the Borough
of the location of its aforesaid underground cable television conductors
and fixtures. The Company shall make available for Borough review
accurate plans showing the locations of all facilities on Borough
property within a reasonable time following installation and upon
reasonable notice to the Company.
[Ord. No. 00/09 § 4-9.5]
The consent granted by this chapter shall apply to the entirety
of the Borough and any territories hereinafter annexed and is defined
in CCPA, Section 621(a)(2), also known as 47 USC, Section 541. All
questions of municipal boundary location, rights and interests in
property, Federal, State, County and/or other governmental or quasi-governmental
rights, privileges, and/or interests in real estate, shall be investigated
and researched at the Company's own cost and expense; procedures
necessary to gather relevant information and to resolve every such
question shall be pursued in the Company's own name, and the
Borough shall never be under any obligation to perform investigations
or research, conduct or prosecute proceedings, expend legal fees or
pay the charge of engineers, surveyors, title searchers or others,
or otherwise take any steps to define, delineate, establish or clarify
the boundaries or rights of the Borough.
[Ord. No. 00/09 § 4-9.6]
The foregoing consent is and at all times shall be subject to
full and complete compliance with the Borough Zoning Ordinance, all
other Borough Ordinances and regulations, and all rules, regulations
and laws of the applicable jurisdictions as to all aspects of location,
operation, and maintenance of microwave or other receivers or transmitters,
studio facilities, mobile equipment and vehicles, all other facilities,
equipment, apparatus and the like incidental to the origination of
programming, the sending or receiving of signals, and offices, storage,
power sources, power plant and the like, except to the extent such
ordinances, resolutions, rules and laws have been preempted.
[Ord. No. 00/09 § 4-9.7]
No easement, right-of-way, title in fee, leasehold, or other
interest in real estate, nor any other interest in property of the
Borough, is hereby granted.
[Ord. No. 00/09 § 4-9.8]
Pursuant to the terms and conditions of the Act, N.J.S.A. 48:5A-30,
the Company shall, during each year of operation under the renewal
of municipal consent granted herein, pay to the Borough 2% of the
gross revenues from all recurring charges received by the Company
from subscribers to its cable television reception service in the
Borough. In the event applicable law shall, during the term hereof,
fix a greater percentage or expand the basis upon which the said percentage
is applied or increase the sums payable to the Borough in any other
manner, the compensation shall be adjusted to such greater amount
by the Company immediately upon its being advised by the Borough of
the said authorized increase.
[Ord. No. 00/09 § 4-9.9]
The Company shall provide service to dwellings, businesses and
institutions that can be served with or without line extensions to
the system pursuant to the requirements of N.J.A.C. 14:18-3.2. In
the event the said regulation were to be revoked and not replaced
with other standards, the Company shall provide service installation
to dwellings, businesses and institutions that can be served without
requiring extensions to the system within three business days of receipt
of a request for service if the structure previously had been serviced
by the Company and seven days if the structure had not been previously
serviced by the Company, unless prevented by circumstances beyond
the Company's control. The Company will provide service to existing
and newly constructed dwellings, businesses and institutions that
require extensions to the system within 20 business days of receipt
of a request for service, unless the Company is prevented or delayed
by circumstances beyond its control.
[Ord. No. 00/09 § 4-9.10]
During the term of its franchise and any renewal thereof, the
Company itself or through a third party shall maintain a business
office, in or within a reasonable proximity of the Borough, which
would allow Borough residents to drop off or pick up boxes, switches
and like items, along with payment and questioning of their bills.
Such office shall be open for business at a minimum during the hours
of 9:30 a.m. to 4:30 p.m., Monday through Friday, and 10:00 a.m. to
12:00 noon on Saturdays. The local business office will maintain a
local telephone number and will also be equipped to receive all complaints
regarding the quality of service, billing, equipment malfunctions,
installations and similar matters. The Company, at all of its offices
utilized by Borough customers, shall maintain adequate staff and telephone
equipment to keep telephone call response time reasonable (time customer
is on hold).
[Ord. No. 00/09 § 4-9.11a]
In the event the Company shall from time to time disturb any
public or private pavement, street surface, curbs, gutters, sidewalks,
driveways, above or below ground utilities, lines, fixtures, equipment
or other facilities, or trees, shrubs, or other landscaping or surfaces
in the natural topography, the Company shall, at its sole expense,
reasonably restore and replace such places and things so disturbed
to and in not less than as good condition as existed prior to each
disturbance. In doing so, the Company shall comply with all then applicable
ordinances, resolutions, laws, rulings and regulations. All restoration
to be completed within 30 working days of the disturbance requiring
the same.
[Ord. No. 00/09 § 4-9.11b]
If, at any time during the period of this consent, the Borough
shall alter or change the grade of any public street, alley, walkway
or other way or place, or alter or change the location of grade of
any public water or sewer facility, or other utility facility, the
Company upon reasonable notice by the Borough shall, at its own expense,
remove, relay, and relocate its cables, equipment or other facilities.
[Ord. No. 00/09 § 4-9.11c]
The Company shall, for the purpose of and upon request of the
Borough, at the Company's expense, temporarily raise, lower or
remove its cables and associated facilities in order to facilitate
the moving of buildings, equipment, vehicles and machinery and to
accommodate other like circumstances. The Company may suggest alternatives
to the temporary removal of cable, where such temporary removal may
cause outages or otherwise interfere with the expectations of its
customers. However, the Borough retains the right to make the final
decision regarding said cable removal.
[Ord. No. 00/09 § 4-9.11d]
Grounding and installation shall be performed in accordance
with all applicable, technical and safety codes, regulations and requirements.
[Ord. No. 00/09 § 4-9.11e]
The Company will share all common main trenches and drop trenches
to individual structures with utility companies for the installation
of its transmission wires, where reasonable.
[Ord. No. 00/09 § 4-9.12]
There is hereby established a Cable Television Advisory Committee
which shall continue, informally, the process of municipal fact finding
that took place prior to the renewal of the Company's Municipal
Consent. The members of the Advisory Committee shall be Borough residents
and shall be appointed by the Borough Council to serve at the pleasure
of the Borough Council. The size of the Advisory Committee shall be
within the discretion of the Borough Council. The Advisory Committee
shall render advice to the Borough Council in the following areas:
a.
To assess on an ongoing basis the future cable-related community
needs and interests of the Borough.
b.
To review on an ongoing basis the present and past performance of
the Company.
c.
To advise the Borough Council on how to best utilize the public access
programming available to the Borough.
d.
To ascertain the opinions and desires of Borough residents and subscribers
on all aspects of the cable television system.
e.
To serve as liaison on cable television matters between the Borough
and its schools, on the one hand, and the Company on the other hand.
f.
To specifically review reports of incoming call response time (time
customer is on hold) by the Company through review of OCTV records
which are available to the public. If such records are found to be
insufficient, then, and with the Company's approval, to supplement
that review with reasonable examination of Company records.
g.
To review the computer reports of customer complaints which are maintained
by the Company.
h.
To furnish all other information and advice as requested by the Borough
Council.
[Ord. No. 00/09 § 4-9.13]
The Company shall make representatives available to meet upon
request of the Borough and upon 15 days notice on a semi-annual basis
with the Advisory Committee and the Complaint Officer (as defined
below), for the purpose of reviewing the Company's performance.
The Company representatives will fully respond to the reasonable requests
for information made by the Advisory Committee. Either party shall
have the right to request the OCTV to have a representative appear
at the said meeting. The OCTV shall decide whether to attend such
meeting or not.
[Ord. No. 00/09 § 4-9.14]
Upon request of the Borough, the Company shall assist in conducting,
at its expense, a survey, either written or oral, of the residents
of the Borough at least every 24 months. The method of the survey
is in the sole discretion of the Company. Prior to conducting the
survey, the Company shall provide the survey questions to the Advisory
Committee for review, and shall designate those questions which it
considers to elicit proprietary information. The Advisory Committee
may add questions of its own to the survey (said questions to be approved
by the Company and the number of the same are to be reasonable); however,
it may not edit or revise the questions prepared by the Company. The
Company shall provide the results of the nonproprietary portions of
such survey to the Advisory Committee provided that said results do
not conflict with the privacy provisions of the applicable State and
Federal statutes or regulations.
[Ord. No. 00/09 § 4-9.15]
The Borough Clerk is hereby designated as Complaint Officer
to receive and act upon complaints by subscribers to cable television
reception service provided by the Company. He/she shall perform the
duties set forth by statute, N.J.S.A. 48:5A-26. All complaints shall
be in writing, signed by the subscriber, and shall state the names
and addresses of both the complainant and the party complained of,
as well as the essential facts upon which the complaint is based,
including the dates of acts or omissions complained of and attempts,
if any, by the subscriber to resolve the complaint directly. The Complaint
Officer will bring the matter to the attention of the party complained
of and will request that party to submit a response to the complaint.
The Complaint Officer shall review the complaint response, shall attempt
an amicable adjustment of the dispute, and shall report the results
to the parties within 30 days of receipt of the complaint. The complaint
shall be without prejudice to the rights of any party to file a petition
pursuant to the Act.
[Ord. No. 00/09 § 4-9.16]
The Company will comply with N.J.A.C. 14:17-6.5 in its response
to customer complaints.
[Ord. No. 00/09 § 4-9.17]
Company has constructed a Hybrid Fiber Coaxial (HFC) system.
The upgraded system will provide fiberoptic cable television within
the Borough. The proposed 750 MHz system will provide cable television
services. The new system will provide for improved choice of programming,
better diagnosis of potential service interruptions, a further reduction
of outages and more reliable service.
[Ord. No. 00/09 § 4-9.18]
The Borough reserves the right to ask the Company and the Company
agrees to voluntarily cablecast programs of cablecast quality, produced
and/or participated in by the Watchung Hills Regional High School
on the access channel which is now identified as Channel 34. The scheduling
of such programming is in the Company's discretion and the Company
will reasonably consider the viewing hours available for the residents
of the Borough. The Company will construct, at its own expense, a
return line to provide the Borough with a Channel to view the programming
from the Watchung Hills Regional High School. The Borough agrees to
share and promote this channel with other municipalities and access
users.
[Ord. No. 00/09 § 4-9.19]
The Company shall comply with applicable law as supplemented
and amended in notifying the Borough and Borough customers of rate
increases.
[Ord. No. 00/09 § 4-9.20]
The Company shall maintain the emergency override capability
to permit the broadcasting of emergency messages simultaneously on
all channels. In the event of such an emergency, an authorized representative
of the Borough may request, and the Company shall honor such request
consistent with Federal Communications Commission regulations, to
broadcast such emergency messages. The cost of activating the emergency
override system shall be borne by the Company. The Company will not
be held liable for any incidences which may arise out of the use or
non-use of the emergency override capability. In the event that the
"emergency alert system" is authorized for use by the State of New
Jersey, the Company will replace the emergency override system with
the "emergency alert system".
[Ord. No. 00/09 § 4-9.21]
The Company shall respond, when requested, to mark out underground
lines, within three business days of the request, unless said request
is an emergency, at which time the Company shall take all reasonable
steps to respond as soon as possible.
[Ord. No. 00/09 § 4-9.22]
During the term of its franchise and any renewal thereof the
Company shall provide service to one outlet in each of the two public
schools, municipal building, police, rescue squad, library, public
works building, and the fire companies, within the Borough without
charge. Upon request, the Company shall consult with the Borough Board
of Education relative to programs it can provide to assist the Board
in the education to Borough students.
[Ord. No. 00/09 § 4-9.23]
The Company will provide in the Company's literature, the
location of the same being set forth in the index to the same, the
following information:
[Ord. No. 00/09 § 4-9.24]
When available, in the case of a program blackout, the Company
will provide, on the blacked out channel, reasonable notice of alternate
channel availability for the blacked out program.
[Ord. No. 00/09 § 4-9.25]
It is the Borough's recommendation that the Company provide
to all senior citizens (those over 62 years of age) and disabled persons
a reduction or discounted rates for cable service. Said reduction
or discount to be comparable to discounts received by senior citizens
for other services.
[Ord. No. 00/09 § 4-9.26]
The Company has supplied, and will in the future, supply the
Borough with construction specification manuals for use by developers/contractors
in pre-wiring the interior of single-family dwellings and other buildings
for cable television. These manuals will also be available at the
Company's local business office.
[Ord. No. 00/09 § 4-9.27]
The Company has voluntarily agreed to use commercially available
equipment at a reasonable cost to control the audio deviation levels
on all channels that are controlled by the Company as to audio deviation.
[Ord. No. 00/09 § 4-9.28]
The Company shall reimburse the Borough for required public
hearings pursuant to N.J.S.A. 48:5A-23(f).
[Ord. No. 00/09 § 4-9.29]
To secure the faithful performance by the Company of all of
its obligations to the Borough and its subscribers, the Company shall
deliver to the Borough and maintain in force throughout the duration
of its franchise a bond in the sum of $25,000, conditioned on the
faithful performance by the Company of all of its undertakings pursuant
to its franchise, its application for municipal consent, and this
chapter.
[Ord. No. 00/09 § 4-9.30]
During the term of its franchise and any renewal thereof, the
Company shall deliver to the Borough and maintain in force, at its
sole expense, sufficient combined automobile and comprehensive general
liability insurance naming the Borough as an insured and insuring
against loss by any such claim, suit, judgment, execution or demand
in the minimum amount of:
a.
$1,000,000 for bodily injury or death to one person.
b.
$1,000,000 for bodily injury or death from any one accident.
c.
$1,000,000 for property damage resulting from any one accident.
d.
$2,000,000 "umbrella" excess liability coverage for both bodily injury
and property damage for each occurrence and in the aggregate. The
Company shall assure that no such policy of insurance shall be canceled
without a minimum of 30 days notice to the Borough, or greater notice
if required by regulations of the New Jersey Department of Insurance.
[Ord. No. 00/09 § 4-9.31]
The Company shall indemnify, defend and hold the Borough harmless
from and against any and all claims, injury, loss, damage or liability,
(or any claims regarding the foregoing), costs or expenses (including
but not limited to attorney fees) arising from company's acts
or omissions related, in any way, to the granting of this franchise
and the installation, service and maintenance of same, except to the
extent attributable to the negligent act or intentional act of the
Borough.
[Ord. No. 00/09 § 4-9.32]
In the event that applicable Federal or State law shall, during
the term hereof, allow the Borough and/or franchising authority to
regulate rates, then this section shall automatically be modified
to incorporate the change as prescribed by law.
[Ord. No. 00/09 § 4-9.33]
Except as modified by this section, all of the statements and
commitments contained in the application of TKR Cable Company/CSC
TKR, Inc. for Renewal of Municipal Consent filed with the Borough
on May 3, 1996, together with all of the statements and commitments
made by the Company on the record during the municipal consent renewal
proceedings or in correspondence and other documents entered into
the record of such proceedings or forwarded to the Borough following
said proceedings are hereby incorporated by reference in this chapter
and shall be binding on the Company as terms and conditions of this
consent, whether annexed hereto or not.
[Ord. No. 00/09 § 4-9.34]
In the event that the Borough approves or permits another cable
television franchise to operate in the Borough on terms more favorable
or less burdensome than those contained in this franchise, such more
favorable or less burdensome terms shall be automatically incorporated
to Company and a new ordinance shall be adopted by the Borough to
incorporate the changes. All changes are subject to approval of a
petition to amend the Certificate of Approval filed with the Board
of Public Utilities, as provided for under N.J.A.C. 14:17-6.7.
[Ord. No. 00/09 § 4-9.35]
Should any provision of this chapter be determined invalid by
a court or administrative tribunal of competent jurisdiction, such
determination shall not affect the remaining provisions.
[Ord. No. 00/09 § 4-9.36]
The captions and titles assigned to the sections of this chapter
are for convenience and reference only, and are in no way to be construed
as defining, limiting or modifying the scope or intent of the various
provisions of this chapter.
[Ord. No. 00/09 § 4-9.37]
In the event applicable law shall, during the term hereof, modify
any provision of this chapter, this chapter shall be automatically
modified to incorporate the change.
[Ord. No. 00/09 § 4-9.38]
Ordinance #OR4:6/11/81 adopted by the Borough of Watchung on
June 25, 1981 is hereby revoked in its entirety and is replaced by
the within Ordinance No. 00/09. The said Ordinance #OR4:6/11/81 being
of no further effect whatsoever.
[Ord. No. 00/09 § 4-9.39]
In addition to the requirement in Section 26-12 of this chapter, Company representatives shall appear at least once annually, upon written request of the Borough Council, at a public hearing of the Borough Council, to discuss matters pertaining to the provision of cable service to the residents of the Borough and other issues as the Borough Council or Company may require be addressed. Notice of the public hearing will be published and a transcript of the public hearing will be prepared at the Company's own cost and expense. The Borough Council may forward the transcript to the Board of Public Utilities for further review.
[Ord. No. 00/09 § 4-9.40]
This section shall take effect immediately upon final passage
and publication according to law, provided that the Company shall
have accepted in writing all of the terms and conditions set forth
herein.
