Editor's Note: Ordinance history: Ordinance No. 14-06.
[Ord. #2015-08 § 1]
The Municipalities hereby grant to the company their non-exclusive
consent to place in, upon, along, across, above, over and under the
highway, streets, alleys, sidewalks, public ways, and public places
in the Municipalities, poles, wires, cables, and fixtures necessary
for the maintenance and operation in the Municipalities of a cable
television system and cable communications system. Construction, pursuant
to said consent, is conditioned upon prior approval of the Board of
Public Utilities.
[Ord. #2015-08 § 2]
For the purposes 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
given by the Federal Communications Commission (F.C.C.) 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 Federal or State definitions:
a.
MUNICIPALITIES OR TOWNSHIPS – Are, collectively, the Townships
of Hope, Hardwick, Knowlton and Frelinghuysen, County of Warren, State
of New Jersey.
b.
COMPANY – Is the grantee of rights under this Ordinance and
is known as Service Electric Cable TV of New Jersey, Inc.
c.
ACT OR CABLE TELEVISION ACT – Is Chapter 186 of the General
Laws of New Jersey, and subsequent amendment thereto, section 48:5A-1
et seq.
[Ord. #2015-08 § 3]
A public hearing concerning the consent herein granted to the
Company was held, after proper public notice, on January 16, 2012,
pursuant to the terms and conditions of the Act. Said hearing, having
been held and fully open to the public, and the Municipalities have
received all comments regarding the qualifications of the Company
to receive this consent, the Municipalities hereby find 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. #2015-08 § 4]
The Townships hereby grant to the Company consent to the issuance
of a non-exclusive franchise by the New Jersey Board of Public Utilities
to construct, erect, operate, modify and maintain, in, upon, along,
across, above, over, and under the highways, streets, alleys, sidewalks,
public ways and public places now laid out or dedicated and all extensions
thereof and additions thereto, in the Townships of Hope, Hardwick,
Knowlton and Frelinghuysen, such poles, wires, cables, underground
conduits, manholes, and other television conductors and fixtures necessary
for the maintenance and operation in the Townships of a cable television
system and cable communications system for the purpose of distributing
television and radio signals, and other electronic impulses in order
to furnish television and radio programs, and various communications
and other electronic services to the public. The rights so granted
include the right to use and occupy said highways, streets, alleys,
public ways and public places, and all manner of easements for the
purposes herein set forth and as provided by Federal and State law,
and are subject to the terms and conditions herein.
[Ord. #2015-08 § 5]
The consent herein granted shall expire 10 years from the date
of expiration of the new Certificate of Approval as issued by the
Board of Public Utilities (BPU). The Company shall be required to
proffer services to any persons, residents or businesses in conformance
with its Tariff on file with the Office of Cable Television, including,
and subject to any policies for line extension and/or non-standard
installations. Specific to the Townships of Hope, Hardwick, Knowlton
and Frelinghuysen, the Company agrees to extend services at a rate
of 20 homes per linear mile.
[Ord. #2015-08 § 6]
Pursuant to the terms and conditions of the Act, the Company
shall, during each year of operation under the consent granted herein,
pay to each Municipality 2% of the gross revenues from all recurring
charges in the nature of subscription fees paid by subscribers to
its cable television reception service in the Municipalities, or any
amount permitted by the Cable Television Act or otherwise allowable
by law.
[Ord. #2015-08 § 7]
In accordance with N.J.S.A. 48:5a-11, the Board of Public Utilities,
through the Office of Cable Television, shall, consistent with Federal
law, prescribe just and reasonable rates, charges and classifications
for the services rendered by a cable television provider.
[Ord. #2015-08 § 8]
The consent to a non-exclusive franchise granted the Company
shall apply to the entirety of the Municipalities, and any property
hereafter annexed.
[Ord. #2015-08 § 9]
a.
Restoration. In the event that the Company or its agents shall disturb
any pavement, streets, 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 to 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, any
of the Municipalities shall alter or change the grade of any street,
alley or other way or place, the Company, upon reasonable notice by
such Municipality, shall remove, re-lay and relocate its equipment,
at the expense of the Company.
The Company shall temporarily move or remove appropriate parts
of its facilities to allow for the moving of buildings, and machinery,
or in other similar circumstances. The expense shall be borne by the
party requesting such action, except when required by the subject
Municipality, in which case the Company shall bear the cost.
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 and
public places of the Municipalities, 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 only to the extent necessary to
maintain proper clearance for the Company's facilities.
[Ord. #2015-08 § 10]
During the term of this franchise, and any renewal thereof,
the Company shall maintain a local business office in Sussex County
for the purpose of receiving, investigating and resolving all complaints
regarding the quality of service, equipment, malfunctions, and similar
matters. Said local business office shall be open during normal business
hours, and in no event less than 9:00 a.m. to 5:00 p.m. Monday through
Friday.
[Ord. #2015-08 § 11]
The Office of Cable Television is hereby designated as the complaint
officer for the Municipalities, 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.
[Ord. #2015-08 § 12]
During the life of the franchise, the Company shall give bond
to each Municipality, which bond shall be in the amount of $25,000.00.
Such bond shall be to insure the faithful performance of all
undertakings of the Company as represented in its Application and
incorporated herein.
[Ord. #2015-08 § 13]
The Company shall provide public, educational, and governmental
(PEG) access channels and facilities in accordance with its Application
for Renewal of Municipal Consent.
[Ord. #2015-08 § 14]
The Company shall provide services in accordance with its Tariff
for cable television service approved by the Board of Public Utilities
on January 1, 2013. In addition, the Company shall provide the following
locations with complimentary, expanded basic cable service:
a.
25 cable connections for the Frelinghuysen School located at 780
Route 94, Newton, New Jersey 07860.
b.
One cable connection for the Hope Township Fire Company located at
416 Hope-Blairstown Road, Hope, New Jersey 07825.
c.
One cable connection for the Frelinghuysen Department of Public Works
located at 210 Main Street, Johnsonburg, New Jersey 07825.
d.
One cable connection for the Frelinghuysen Township Municipal Building
located at 210 Main Street, Johnsonburg, New Jersey 07825.
e.
One cable connection for the Knowlton Municipal Building, located
at 628 Route 94, Columbia, NJ 07832.
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In addition, although nothing herein shall require the Company
to offer or extend a discount on services to the senior citizens of
any given municipality, the Company agrees that should such a discount
be provided within any section of the Company's service area,
same will be provided to the Townships.
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[Ord. #2015-08 § 15]
Although nothing herein shall require the Company to carry or
transmit any particular television stations or programming source,
the Company shall provide the subscribers in the Townships with at
least the same broad categories of programming, in approximately the
same quantity, as are now provided, and which appear in the Application
for Municipal Consent.
[Ord. #2015-08 § 16]
The Company agrees to maintain and keep in full force and effect,
at its sole expense, at all times during the term of this consent,
sufficient liability insurance naming each Municipality as an insured
and insuring against loss by any such claim, suit, judgment, execution
or demand, in the minimum amount of one million ($1,000,000.00) dollars
combined single limit for bodily injury or death to one person, $500,000
for property damage resulting from any one accident, and an excess
liability (or umbrella) policy in the amount of ten million ($10,000,000.00)
dollars.
The contractor building the cable television lines shall file
a worker's compensation certificate of insurance with the appropriate
Township Clerk prior to commencing any work.
[Ord. #2015-08 § 17]
The Company shall cause all construction plans relating to work
which could have significant impact on public works within any of
the Townships, to be filed with the appropriate Township Engineer's
Office.
[Ord. #2015-08 § 18]
The Company shall not allow its cable or other operations to
interfere with television reception or persons not served by the Company,
nor shall the system interfere with, obstruct or hinder in any manner,
the operation of the various utilities serving the residents of the
Townships.
[Ord. #2015-08 § 19]
All of the commitments and statements contained in the Application
and any amendment thereto submitted in writing to the Municipalities
by the Company, except as modified herein, are binding upon the Company
as terms and conditions of this consent. The Application and any other
relevant writings submitted by the Company shall be annexed hereto
and made a part hereof by reference, as long as it does not conflict
with State or Federal law.
[Ord. #2015-08 § 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 such holding shall not affect the validity of the remaining
portions hereof.
[Ord. #2015-08 § 21]
Should any of the Federal or State Acts, Regulations, or pronouncements applicable to the regulation of cable television service be modified in any way, such modification, to the extent it embodies required terms and conditions, and meaningfully can be incorporated into this Ordinance, shall be so incorporated, consistent with any applicable effective dates specified in such modification. To the extent that any such modification(s) place(s) limits on permissible terms and conditions, and any provision of this Ordinance becomes invalid by virtue of such modification(s), the preceding section, Section 25-20, shall apply.
[Ord. #2015-08 § 22]
This Ordinance shall take effect upon its final passage and
publication in each municipality according to law.
