Editor's Note: Prior ordinance history includes portions
of Ordinance No. 1643-99.
[Ord. No. 2243-09 § 1]
The municipality 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 municipality, 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 Municipality
of a cable television and communications system.
[Ord. No. 2243-09 § 2]
For the purpose of this Ordinance, 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:
a. TOWN OR MUNICIPALITY - Shall mean the Township of West Orange, County
of Essex, State of New Jersey.
b. COMPANY - Shall mean the grantee of rights under this Ordinance and
is known as Comcast of New Jersey II, LLC.
c. ACT OR CABLE TELEVISION ACT - Shall mean Chapter 186 of the General
Laws of New Jersey, and subsequent amendments thereto, N.J.S.A. 48:5A-1,
et seq.
d. FCC - Shall mean the Federal Communications Commission.
e. BOARD OR BPU - Shall mean the Board of Public Utilities, State of
New Jersey.
f. OFFICE OR OCTV - Shall mean the Office of Cable Television of the
Board.
g. BASIC CABLE SERVICE - Shall mean any service tier, which includes
the retransmission of local television broadcast signals as defined
by the FCC.
h. APPLICATION - Shall mean the Company's Application for Renewal
of Municipal Consent.
i. PRIMARY SERVICE AREA OR PSA - Consists of the area of the Municipality
currently served with existing plant as set forth in the map annexed
to the Company's Application for Municipal Consent.
[Ord. No. 2243-09 § 3]
Public hearings conducted by the Municipality, 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 Municipality,
having received at said public hearings all comments regarding the
qualifications of the Company to receive this renewal of Municipal
Consent, the Municipality 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.
[Ord. No. 2243-09 § 4]
The nonexclusive Municipal Consent granted herein shall expire
15 years from the date of expiration of the previous Certificate of
Approval issued by the Board.
In the event that the Municipality shall find that the Company
has not substantially complied with the material terms and conditions
of this Ordinance, 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 90 days of that notification.
[Ord. No. 2243-09 § 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 Municipality 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 Municipality or any higher
amount required by the Act or otherwise allowable by law, whichever
is greater, the current amount for the Township of West Orange being
3.5% pursuant to N.J.S.A. 48:5A-30(d).
[Ord. No. 2243-09 § 6]
The consent granted under this Ordinance to the renewal of the
franchise shall apply to the entirety of the Municipality and any
property subsequently annexed hereto.
[Ord. No. 2243-09 § 7]
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. The Company's
Line Extension Policy, as set forth in the Company's application,
shall govern any extension of plant beyond the Primary Service Area.
[Ord. No. 2243-09 § 8]
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 good
a condition as existed prior to the commencement of said work.
[Ord. No. 2243-09 § 8]
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.
[Ord. No. 2243-09 § 8]
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.
[Ord. No. 2243-09 § 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 municipality
upon written request of the Municipality Administrator or Clerk.
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 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 permitted under law.
[Ord. No. 2243-09 § 10]
The Office of Cable Television is hereby designed 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 Municipality customers
from the OCTV.
[Ord. No. 2243-09 § 11]
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 all local complaints regarding the quality of service,
equipment malfunctions, and similar matters. Such a business office
shall have a publicly listed toll-free telephone number and be open
during standard business hours, and in no event (excepting emergent
circumstances) less than 9:00 a.m. to 5:00 p.m., Monday through Friday.
[Ord. No. 2243-09 § 12]
During the life of the franchise the Company shall give to the
Municipality 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.
[Ord. No. 2243-09 § 13]
The rates of the Company shall be subject to regulation as permitted
by Federal and State law.
[Ord. No. 2243-09 § 14]
a. The Company shall continue to provide a system-wide public access
channel maintained by the Company. Qualified individuals and organizations
may utilize public access for the purpose of cablecasting non-commercial
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 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 access channel
maintained by the Company for the purpose of cablecasting noncommercial
access programming in conformance with the Company's guideline
and applicable State and Federal statutes and regulations.
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 whose quality is equal to
that of the other standard channels that the Company transmits.
[Ord. No. 2243-09 § 15]
a. The Company shall provide standard installation and basic cable television
service on 10 outlets at no cost to each school in the Municipality,
public and private, elementary, intermediate and secondary, provided
the school is within 200 feet of active cable distribution plant.
Each additional outlet installed, if any, shall be paid for on a materials
and equipment, plus labor basis by the school requesting service.
Monthly service charges shall be waived on all additional outlets,
except for required additional equipment.
b. The Company shall provide standard installation and basic cable television
service at no cost on one outlet to each Police, Fire, Emergency Management
facility and public library in the Municipality, provided the facility
is located within 200 feet of active cable distribution plant. Each
additional outlet installed, if any, shall be paid for on a materials
and equipment, plus labor basis by the Municipality. Monthly service
charges shall be waived on all additional outlets, except for required
additional equipment.
c. Company representatives shall appear at least once annually, upon
written request of the Township, at a public meeting of the Governing
Body, to discuss matters pertaining to the provision of cable services
to residents of the Township and other related issues as the Township
and Company may deem appropriate.
d. The Company shall provide standard installation and free Internet
service via high speed cable modem on one non-networked computer in
each school library in the Township, including public, private, elementary,
intermediate and secondary schools, provided that each school is within
200 feet of active cable plant. Internet service shall be installed
on a computer that is accessible to students and not for administrative
purposes only.
e. The Company shall provide standard installation and free Internet
service via high speed cable modem on one non-networked computer in
each public library in the Township, provided all library locations
are within 200 feet of active cable plant. The Internet service shall
be installed on a computer that is accessible to the public and not
for administrative services.
f. The Company shall continue to maintain the two active access channel
return lines located in the Township, one located at West Orange High
School and the other located at West Orange Town Hall, 66 Main Street.
The Company shall provide, if requested by the Township, an additional
access return at its own cost and expense at a location of the Township's
choosing within one year of a written request from the Township. The
location of the additional return must be within 200 feet of active
cable plant.
g. The Company shall provide the Township with a one-time grant for
access related need in the amount of $75,000 within six months of
the issuance of the renewal Certificate of Approval from the OCTV.
[Ord. No. 2243-09 § 16]
The Company will comply with the Emergency Alert System ("EAS")
rules in accordance with applicable State and Federal statutes and
regulations.
The Company shall in no way be held liable for any injury suffered
by the Municipality or any other person, during an emergency, if for
any reason the Municipality is unable to make full use of the cable
television system as contemplated herein.
[Ord. No. 2243-09 § 17]
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.
[Ord. No. 2243-09 § 18]
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.
[Ord. No. 2243-09 § 19]
Should the Municipality 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 Ordinance subject to the provisions of N.J.A.C. 14:17-6.7.
[Ord. No. 2243-09 § 20]
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 its validity or unconstitutionality shall not affect
the validity of the remaining portions of the Ordinance.
[Ord. No. 2243-09 § 21]
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.
[Ord. No. 2243-09 § 22]
This Ordinance shall take effect immediately upon issuance of
a Renewal Certificate of Approval from the BPU.