Editor's Note: Prior ordinance history includes portions
of Ordinance No. 14-91.
[Ord. No. 2010-02 § 1]
The Municipality hereby grants to the company its nonexclusive
consent to place in, upon, along, across, above, over and under the
highway, streets, alleys, sidewalks, public ways, and public places
in the Municipality, poles, wires, cables, and fixtures necessary
for the maintenance and operation in the Municipality 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. No. 2010-02 § 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.
MUNICIPALITY OR TOWNSHIP - Shall mean the Township of Green, County
of Sussex, State of New Jersey.
b.
COMPANY - Shall mean the grantee of rights under this Ordinance and
is known as Service Electric Cable T.V. of New Jersey, Inc.
c.
ACT OR CABLE TELEVISION ACT - Shall mean Chapter 186 of the General
Laws of New Jersey, and subsequent amendment thereto, section 48:5A-1
et seq.
[Ord. No. 2010-02 § 3]
A public hearing concerning the consent herein granted to the
Company was held, after proper public notice, on December 7, 2009,
pursuant to the terms and conditions of the Act. Said hearing, having
been held and fully open to the public, and the Municipality having
received all comments regarding the qualifications of the Company
to receive this 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. 2010-02 § 4]
The Township hereby grants to the Company a nonexclusive consent
to the issuance of a 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 Township of Green, such poles,
wires, cables, underground conduits, manholes, and other television
conductors and fixtures necessary for the maintenance and operation
in the Township 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. No. 2010-02 § 5]
The consent herein granted shall expire 10 years from the date
of issuance of a Certificate of Approval as issued by the Board of
Public Utilities (BPU). The Company further agrees to extend service
to the entire Township and to build out all uncabled areas of the
Township in accordance with its Tariff on file with the Office of
Cable Television including any policies for nonstandard installations.
Specific to Green Township, the Company agrees to extend cable services
at a rate of 20 homes per linear mile.
[Ord. No. 2010-02 § 6]
a.
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 to its cable
television reception service in the Municipality, or any amount permitted
by the Cable Television Act or otherwise allowable by law.
b.
The fee set forth in paragraph a shall be increased to the amount
set forth in Section 30(d) of the Act upon the qualification of a
system-wide franchise to provide cable service within the Township
pursuant to P.L. 2006, ch. 83.
[Ord. No. 2010-02 § 7]
Rates shall be set by the New Jersey Board of Public Utilities
as required by law or as otherwise specified by Federal or State law,
to the extent applicable.
[Ord. No. 2010-02 § 8]
In the event the Company breaches its responsibilities herein,
the Township reserves the right to seek redress administratively through
the Board of Public Utilities, or at law in a court of competent jurisdiction.
The Company will restore any property damaged by the installation
of its wires or facilities to its original condition at its own cost
and expense. In the event it fails to so restore said property upon
the receipt of 30 days' written notice by the Township to do
so, the Township may withdraw a portion of the performance bond posted
with the Township to compensate the owner for the restoration cost.
In the event said funds are withdrawn, the Company shall restore the
balance of the $25,000 performance bond upon 30 days' written
notice by the Township to do so.
[Ord. No. 2010-02 § 9]
The consent granted herein to the Company shall apply to the
entirety of the Municipality, and any property hereafter annexed.
[Ord. No. 2010-02 § 10]
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, 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 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 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 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 only to the extent necessary to maintain
proper clearance for the Company's facilities.
[Ord. No. 2010-02 § 11]
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. Such local business office shall be staffed from 8:00 a.m.
to 8:00 p.m. Monday through Friday, and from 8:00 a.m. to 12:00 p.m.
on Saturday.
[Ord. No. 2010-02 § 12]
The Office of Cable Television is hereby designated as the complaint
officer for the Municipality, pursuant to N.J.S.A. 48:5a-25(b).
All complaints shall be received and processed in accordance
with N.J.A.C. 14:17-6.5.
[Ord. No. 2010-02 § 13]
During the life of the franchise, the Company shall give bond
to the Municipality, which bond shall be 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 and
incorporated herein.
[Ord. No. 2010-02 § 14]
The Company shall provide public, educational, and governmental
(PEG) access channels and facilities in accordance with its application
for Renewal of Municipal Consent.
[Ord. No. 2010-02 § 15]
The Company shall provide services in accordance with its Tariff
for Cable Television Service approved by the Board of Public Utilities
on January 1, 2010.
In addition, the Company shall provide the following services
to the Township, including the provision of a basic broadcast programming
package and Weather Channel or equivalent, free of charge:
Two cable connections for Green Municipal Building.
One cable connection for the Green Recreation Department.
One cable connection for the Old Green Department of Public
Works.
Two cable connections for the New Green Department of Public
Works.
One cable connection for the municipally owned Trinca Airport.
Three cable connections for the Green Hills School.
One cable connection for the Allamuchy/Green First Aid Squad.
One cable connection for the Green Township Volunteer Fire Department.
Should the Company extend services during the term of this consent, subject to its extension agreement in subsection 18-1.5 of this Ordinance, to the roadway where Trinca Airport is located, the Company agrees to provide one free cable connection to Trinca Airport, subject to the Company's policy of nonstandard installation, if applicable.
[Ord. No. 2010-02 § 16]
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 Township 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. No. 2010-02 § 17]
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 the Municipality as an insured
and insuring against loss by any such claim, suit, judgment, execution
or demand, in the minimum amount of $1,000,000 combined single limit
for bodily injury or death to one person and $500,000 for property
damage resulting from any one accident.
The contractor building the cable television lines shall file
a worker's compensation certificate of insurance with the Township
Clerk prior to commencing the work.
[Ord. No. 2010-02 § 18]
The Company shall cause all construction plans relating to work
on any extensions of its plant, or work which could have significant
impact on public works within the Township, to be filed with the Township
Engineer's Office.
[Ord. No. 2010-02 § 19]
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
Township.
[Ord. No. 2010-02 § 20]
All of the commitments and statements contained in the application
and any amendment thereto submitted in writing to the Municipality
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. No. 2010-02 § 21]
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. No. 2010-02 § 22]
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, subsection
18-1.21, shall apply.
[Ord. No. 2010-02 § 23]
This Ordinance shall take effect upon its final passage and
publication according to law.
