[HISTORY: Adopted by the Common Council of the City of Burlington
by 4-9-2019 by Ord. No. 07-2019.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. A400,
Cable Television Franchise, adopted by Ord. No. 8-1997.
The City hereby grants to Comcast 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 City, 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 City of a cable television and communications system.
For the purpose of this chapter, 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:
Chapter 186 of the General Laws of New Jersey, and subsequent
amendments thereto, N.J.S.A. 48:5A-1, et seq.
The company's application for renewal of municipal consent.
Any service tier, which includes the retransmission of local
television broadcast signals as defined by the FCC.
The Board of Public Utilities, State of New Jersey.
The City of Burlington, County of Burlington, State of New
Jersey.
The grantee of rights under this chapter and is known as
Comcast of Burlington County, LLC.
The Federal Communications Commission.
The Office of Cable Television of the Board.
Consists of the area of the City currently served with existing
plant as set forth in the map annexed to the company's application
for municipal consent.
Public hearings conducted by the City, 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. Said hearings,
having been fully open to the public, and the City, having received
at said public hearings all comments regarding the qualifications
of the company to receive this renewal of municipal consent, the City
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.
A.
The nonexclusive municipal consent granted herein shall expire 10
years from the date of expiration of the previous certificate of approval
issued by the Board.
B.
In the event that the City shall find that the company has not substantially
complied with the material terms and conditions of this chapter, the
City 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 City shall
first have given the company written notice of all alleged instances
of noncompliance and an opportunity to cure same within 90 days of
that notification.
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 City 2% of the gross revenues from all recurring charges
in the nature of subscription fees paid by subscribers for cable television
reception service in the City or any higher amount permitted by the
Act or otherwise allowable by law, whichever is greater.
The consent granted under this chapter for the renewal of the
franchise shall apply to the entirety of the City and any property
subsequently annexed hereto.
The company shall be required to proffer service to any residence
or business along any public right-of-way in the primary service area,
as set forth in the company's application. Any extension of plant
beyond the primary service area shall be governed by the company's
line extension policy, as set forth in the company's application.
A.
Restoration: In the event that the company or its agents shall disturb
any pavement, street surfaces, sidewalks, driveways, or other surface
in the natural topography, the company shall, at its sole expense,
restore and replace such places or things so disturbed in as reasonably
good a condition as existed prior to the commencement of said work.
B.
Relocation: If at any time during the period of this consent, the
City shall alter or change the grade of any street, alley or other
way or place the company, upon reasonable notice by the City, shall
remove, re-lay or relocate its equipment, at the expense of the company.
C.
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 City 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.
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 City upon written
request of the City Administrator or Clerk, as required by applicable
law.
A.
The company shall continue to comply fully with all applicable state
and federal statutes and regulations regarding credit 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 reasonable effort to meet or exceed voluntary
standards for telephone accessibility developed by the National Cable
Television Association (NCTA).
D.
Nothing herein shall impair the right of any subscriber or the City
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 permitted under applicable law.
The Office of Cable Television is hereby designated as the complaint
officer for the City 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 City shall have the right to request copies of records and reports
pertaining to complaints by City customers from the OCTV.
During the term of this franchise, and any renewal thereof,
the company shall maintain a business office or agent in accordance
with N.J.A.C. 14:18-5.1 for the purpose of receiving, investigating
and resolving local complaints regarding the quality of service, equipment
malfunctions, and similar matters.
During the life of the franchise the company shall give to the
City a bond in the amount of $25,000. Such bond shall be to insure
the faithful performance of all undertakings of the company as represented
in its application for municipal consent incorporated herein.
The rates of the company shall be subject to regulation as permitted
by federal and state law.
A.
The company shall continue to provide expanded basic or a similar
tier of cable television service on one outlet at no cost to each
qualified existing school in the Township, public and private, elementary,
intermediate and secondary, provided the school is within 175 feet
of active cable distribution plant. Each additional outlet installed,
if any, shall be paid for on a materials plus labor basis by the school
requesting service. Comcast shall provide the above referenced services
to any future such facility upon written request.
B.
The company shall continue to provide expanded basic or a similar
tier of cable television service at no cost on one outlet to each
qualified existing police, fire, emergency management facility, public
works and public library in the Township, provided the facility is
located within 175 feet of active cable distribution plant. Each additional
outlet installed, if any, shall be paid for on a materials plus labor
basis by the City. Comcast shall provide the above referenced services
to any future such facility upon written request.
C.
Within six months of receipt of a renewal certificate of approval,
the company shall provide the City with a one-time technology grant
in the amount of $7,500 for the City's cable and technology related
needs.
D.
The Communications Act of 1934, as amended [47 U.S.C. § 543(b)],
allows the company to itemize and/or identify the amount on the subscriber
bill assessed as a franchise fee and the identity of the governmental
authority to which the fee is paid; the amount on the bill assessed
to satisfy any requirements imposed on the company by the cable franchise
to support public, educational, and/or governmental access channels
or the use of such channels; and any grants or other fees on the bill
or any tax, assessment, or charge of any kind imposed by any governmental
authority on the transaction between the operator and the subscriber.
The company reserves these external cost, pass-through rights to the
extent permitted by law.
A.
The company will comply with the emergency alert system ("EAS") rules
in accordance with applicable state and federal statutes and regulations.
B.
The company shall in no way be held liable for any injury suffered
by the City or any other person, during an emergency, if for any reason
the City is unable to make full use of the cable television system
as contemplated herein.
The company shall at all times maintain a comprehensive general
liability insurance policy with a single limit amount of $1,000,000
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 $5,000,000.
All of the statements and commitments contained in the application
or annexed thereto and incorporated therein, and any amendment thereto,
except as modified herein, are binding upon the company as terms and
conditions of this consent. The application and other relevant writings
submitted by the company shall be annexed hereto and made a part hereof
by reference provided same do not conflict with applicable state or
federal law.
Should the City grant a franchise or other authorization 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 chapter subject to the provisions
of N.J.A.C. 14:17-6.7.
If any section, subsection, sentence, clause, phrase, or other
portion of this chapter is, for any reason, declared invalid, in whole
or in part, by any court, agency, commission, legislative body, or
other authority of competent jurisdiction, such portion shall be deemed
a separate, distinct, and independent portion. Such declaration shall
not affect the validity of the remaining portions hereof, which other
portions shall continue in full force and effect.
A.
The company shall not be required to disclose information which it
reasonably deems to be proprietary or confidential in nature. The
City agrees to treat any information disclosed by the company as confidential
and only to disclose it to those employees, representatives, and agents
of the City that have a need to know in order to enforce this ordinance
agreement and who agree to maintain the confidentiality of all such
information.
B.
The company shall not be required to provide customer information
in violation of Section 631 of the Cable Act or any other applicable
federal or state privacy law. For purposes of this section, the terms
"proprietary or confidential" include, but are not limited to, information
relating to the cable system design, customer lists, marketing plans,
financial information unrelated to the calculation of franchise fees
or rates pursuant to FCC rules, or other information that is reasonably
determined by the company to be competitively sensitive. The company
may make proprietary or confidential information available for inspection
but not copying or removal by the City's representative. In the
event that the City has in its possession and receives a request under
a state "sunshine," public records, or similar law for the disclosure
of information the company has designated as confidential, trade secret
or proprietary, the City shall notify the company of such request
and cooperate with company in opposing such request.
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.
The City, for its part, shall endeavor to exercise reasonable
efforts to require developers and utility companies to provide the
company with at least 15 days advance notice of an available open
trench for the placement of necessary cable.
This chapter shall take effect immediately upon issuance of
a renewal certificate of approval from the BPU.
