[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:
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.
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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.
E.Â
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.
A.Â
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:
(1)Â
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.
(2)Â
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.
B.Â
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.
A.Â
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:
(1)Â
Access to studio facilities to be located in Essex or Hudson
County.
(2)Â
Mobile studio for program orientation capable of live and recorded
color television broadcasts.
(3)Â
Access to technical staff and expertise needed for such program
originations to all interested persons.
(4)Â
A local pickup facility five days a week at an agreed upon hour
for program materials produced within the municipality.
B.Â
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.
