[HISTORY: Adopted by the Township Committee of the Township
of Eagleswood 9-23-2019 by Ord. No. 2019-4.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. A310,
Cable Television Franchise, adopted 12-18-2006 by Ord. No. 2006-25.
The Township 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 Township, 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 Township 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 in 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 grantee of rights under this chapter and is known as
Comcast of New Jersey LLC.
The Federal Communications Commission.
The Office of Cable Television of the Board.
Consists of the area of the Township currently served with
existing plant as set forth in the map annexed to the company's application
for municipal consent.
The Township of Eagleswood, County of Ocean, State of New
Jersey.
Public hearings conducted by the Township, 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 Township, having received
at said public hearings all comments regarding the qualifications
of the company to receive this renewal of municipal consent, the Township
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 Township shall find that the company has not
substantially complied with the material terms and conditions of this
chapter, the Township 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 Township 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 Township 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 Township 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 Township and any property
subsequently annexed hereto.
[Amended 9-28-2020 by Ord. No. 2020-03]
The company shall be required to proffer service to any residence
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, with a HPM ("homes-per-mile")
of 30 dwellings per linear mile from the nearest active trunk or feeder
line.
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 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
Township shall alter or change the grade of any street, alley or other
way or place the company, upon reasonable notice by the Township,
shall remove, relay or relocate its equipment, at the expense of the
company prior to approval of the board.
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 Township 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.
D.
Temporary removal of cables: The company shall, upon request of the
Township, 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, subject to the prior approval of the
board.
E.
Installation of equipment: The company shall install equipment in
the same location and manner as existing public utilities whenever
possible, in order to minimize the impact of same on surrounding property.
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 Township upon written request of the Township 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 Township
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.
The Office of Cable Television is hereby designated as the complaint
officer for the Township 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 Township shall have the right
to request copies of records and reports pertaining to complaints
by Township 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 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.
During the life of the franchise the company shall give to the
Township 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 provide expanded basic or a similar tier of cable
television service to one outlet at no cost to each qualified existing
and future school in the Township, public and private, elementary,
intermediate and secondary, provided the school building is within
200 feet of active cable distribution plant or through customer-owned
conduit. Each additional outlet installed, if any, shall be paid for
on a materials plus labor basis by the school requesting service.
B.
The company shall provide expanded basic or a similar tier of cable
television service at no cost to one outlet to each qualified existing
and future municipal building, police, fire, emergency management
facility and public library in the Township, provided the facility
is located within 200 feet of active cable distribution plant or through
customer-owned conduit. Each additional outlet installed, if any,
shall be paid for on a materials plus labor basis by the Township.
C.
Within six months of the issuance of a renewal certificate of approval
by the BPU, the company shall provide to the Township a one-time technology
grant in the amount of $5,500 to meet the technology and/or cable-related
needs of the community.
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, education, 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 its external cost, pass-through
rights to the full 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 Township or any other person, during an emergency, if for any
reason the Township 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 application of state
or federal law.
Should the Township grant municipal consent for 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 chapter subject to the provisions
of N.J.A.C. § 14:17-6.7.
If any section, subsection, sentence, clause, phrase or portion
of this chapter 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 chapter.
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.
This chapter shall take effect immediately upon issuance of
a renewal certificate of approval from the BPU.
