[HISTORY: Adopted by the Mayor and Council of the Town of Secaucus 8-22-78 as Ord. No. 78-23. Amendments noted where applicable.]
The municipality hereby grants to the company its consent to place in, upon, along, across, above, over and under the highways, streets, alleys, sidewalks, public ways and public places in the municipality poles, wires, cables, underground conduits, manholes and other television conductors and fixtures necessary for the maintenance and operation in the municipality of a cable television system and cable communications system.
For the purpose of this ordinance, the following terms, phrases, words and their derivations shall have the meanings given herein. Such meaning or definition of terms is supplemental to those definitions of the Federal Communications Commission, FCC Rules and Regulations, § 76.5, 47 C.F.R. 420, 37 Fed. Reg. 3278 (February 1972) as amended 37 Fed. Reg. 13864 (July 1972); 37 Fed. Reg. 25844 (December 1972); 40 Fed. Reg. 2690 (January 1975); 41 Fed. Reg. 1063 (February 1976) and the Cable Television Act, N.J.S.A. 48:54-1 et seq., and shall in no way be construed to broaden, alter or conflict with the federal or state definitions:
- ACT or CABLE TELEVISION ACT
- Chapter 186 of the Laws of 1972, Section 49:5A-1 et seq.
- The Board of Public Utilities of the New Jersey Department of Energy.
- The grantee of rights under this ordinance and is known as "Suburban Cablevision," a New Jersey corporation.
- The Town of Secaucus, County of Hudson, in the State of New Jersey.
- The Office of Cable Television, a unit of the New Jersey Department of Energy.
Public hearings concerning the franchise herein granted to the company where held after proper public notice pursuant to the terms and conditions of the Act. Said hearings have been held as above stated, and said hearings have been fully open to the public, and the municipality, having received at said hearings all comments regarding the qualifications of the company to receive this franchise, herein finds that the company possesses the necessary legal, technical, character and other qualifications and that the company's operating and construction arrangements are adequate and feasible.
The consent herein granted shall be for a term of 15 years from the effective date of this ordinance and shall be subject to renewal for a period of 10 further years; no such renewal shall be granted, however, unless authorized by the municipality after proper public notice and a public hearing.
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 2% of the gross revenues from all recurring charges received by the company from subscribers to its cable television reception service in the municipality.
The consent granted herein to the company shall apply to the entirety of the municipality and any property hereafter annexed thereto.
The company shall complete all construction of a cable television system within the municipality within 18 months from the date upon which it receives a certificate of compliance from the Federal Communications Commission.
The company shall be required to proffer service to any person's residence or business located in those areas of the franchise territory described herein, in accordance with the proposal for the provision of services as described in the application. Any additional extension of the system which is necessary in the future but not contemplated in the application shall be made in accordance with the Office's line extension policy now or hereafter promulgated.
All appropriate notice shall be given to and permission obtained from the municipality regarding aspects of construction in which the municipality has a concern recognized by the Public Utilities Commission.
Restoration. In the event that the company or its agents shall disturb any pavement, street surfaces, sidewalks, driveways or other surfaces in the natural topography, the company shall, at its sole expense, restore and replace such places or things so disturbed in as good condition as existed prior to the commencement of said 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, at its expense, remove, relay and relocate its equipment. Whenever a request for relocation is made by a private party, the cost of such relocation shall be borne by the party making the request.
Temporary removal of cables. The company shall, upon request of the municipality, 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 a request for removal is made by a private party, the cost of such removal shall be borne by the party making the request.
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 and public places of the municipality so as to prevent the branches of such trees from coming in contact with the wires and cables of the company. Such trimming shall be performed in appropriate coordination with municipal officials and only to the extent necessary to maintain proper clearance for the company's wires and cables.
The company shall maintain a local office which shall be open during regular business hours, have a listed telephone and be operated so that complaints or requests for repairs or adjustments may be received.
The Office of Cable Television is hereby designated as the Complaint Officer for the municipality pursuant to N.J.S.A. 48:5A-26b. All complaints shall be received and processed in accordance with N.J.A.C. 14:17-7.1.
During the period of construction, the company shall give a bond to the municipality, which bond shall be in the amount of $25,000, which amount reflects the nature of the undertaking proposed in the application and the information presented during the municipal franchise proceeding. Such bonds shall be to insure the faithful performance of all undertakings of the company as represented in its application for municipal consent incorporated herein. The bond shall remain in effect during the life of the franchise.
The company shall charge subscribers to its system at the rates listed in its application and supplements thereto, except that there shall be no installation charge for a primary outlet installation requested during the first 30 days after full service is available. Charges to schools and the public library shall be as follows:
No installation charge for the primary television outlet in the public library or in any public or private school where service will be utilized for educational purposes. Each additional outlet charge shall be $10.
No monthly service charge for service to all outlets at the public library or to any public or private school utilizing service for educational purposes.
Increases in the rates charged to subscribers, as set forth in the company's application, shall be made only in accordance with the Cable Television Act of the State of New Jersey, in accordance with regulations adopted pursuant thereto and otherwise in accordance with law.
The company shall be required to have the capability to override at the head end the audio portion of the system in order to permit the cablecasting of emergency messages by the municipal governing body.
In addition to the facilities proposed in the application to be provided, the company shall be required to provide the following on a reasonable cost-plus-labor basis:
Access to studio facilities to be located in Essex or Hudson County.
Mobile studio for program orientation capable of live and recorded color television broadcasts.
Access to technical staff and expertise needed for such program originations to all interested persons.
A local pickup facility five days a week at an agreed upon hour for program materials produced within the municipality.
The aforementioned shall be available for use as recommended by such municipal program review committee as may be established.
The company shall at all times maintain a comprehensive general liability insurance policy with a single occurrence limit amount of $1,000,000 covering liability for death, personal injury, property damage or other liability arising out of its construction and operation of the cable television system. The Town of Secaucus shall be named as an additional insured under said policy.
All of the written commitments contained in the company's written application and as submitted at the public hearings, except as modified herein, shall be made a part hereof by reference and shall be binding upon the company to the extent permitted by the Cable Television Act and the Federal Communications Commission Rules and Regulations, as amended.
The company is bound by the terms and provisions of this ordinance irrespective of the number of subscribers to its system.
If any section, subsection, sentence, clause, phrase or portion of this ordinance 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 such holding shall not affect the validity of the remaining portions hereof.
It is understood that, should any state or federal agency or body modify, change or alter any of its provisions with respect to cable television generally, such modifications, changes or alterations shall be incorporated into this consent consistent with the applicable dates specified in the change.
This municipal consent shall become effective as of the date upon which the municipality receives written notification that the company accepts the terms and conditions herein and upon final hearing and publication according to law.