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.
[Added 5-3-2021 by Ord.
No. 2021-10]
For the purpose of this section, the terms defined above shall
have the meanings there indicated, and the following additional terms
shall have the following meanings:
That statute of the State of New Jersey relating to cable
television, known as the "Cable Television Act," N.J.S.A. 48:5A-1
et seq.
The company's application for renewal of municipal consent,
which application is on file in the Township Clerk's office and
is incorporated herein by reference and made a part hereof, except
as modified, changed, limited or altered by this section.
The Board of Public Utilities of the State of New Jersey
or its successor agency.
CSC TKR, LLC, the grantee of rights under this section.
The Federal Communications Commission.
That federal statute relating to cable communications commonly
known as the "Cable Communications Policy Act of 1984," 47 U.S.C.
§ 521 et seq. and the Telecommunications Act of 1996,[1] or as those statutes may be amended.
Those federal regulations relating to cable television services,
47 CFR 76.1 et seq. (and, to the extent applicable, any other federal
rules and regulations relating to cable television, including but
not limited to, those described in 47 CFR 76.3), or as such regulations
may be amended.
The area contained within the present municipal boundaries
of the Township of Green in the County of Sussex, and the State of
New Jersey.
The installation of drop cable to a customer's premise
where the distance from the point of entry into the building being
served is less than 150 feet from the active cable television system
plant.
The State of New Jersey.
Those regulations of the State of New Jersey Board of Public
Utilities relating to cable television. N.J.A.C. 14:17-1.1 et seq.
and N.J.A.C. 14:18-1 et seq., or as such regulations may be amended.
The governing body of the Township Green in the County of
Sussex, and the State of New Jersey.
[1]
Editor's Note: See 47 U.S.C. § 251 et seq.
[Added 5-3-2021 by Ord.
No. 2021-10]
A public hearing concerning the consent herein granted to the
company was held after proper public notice pursuant to the terms
and conditions of the Act. Said hearing having been held and fully
open to the public, and the Township having received all comments
regarding the qualifications of the company to receive this consent,
the Township hereby finds the company possesses the necessary legal,
technical, character, financial and other qualifications to support
municipal consent, and that the company's operating and construction
arrangements are adequate and feasible.
[Added 5-3-2021 by Ord.
No. 2021-10]
The Township hereby grants to the company its nonexclusive consent
to place in, upon, along, across, above, over, and under its highways,
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 or other
communications facility, and for the provision of any communication
service over such facilities. Operation and construction, pursuant
to said consent, is conditioned upon prior approval of the Board of
Public Utilities.
[Added 5-3-2021 by Ord.
No. 2021-10]
This consent granted herein shall be nonexclusive and shall
be for a term of 10 years from the date of issuance of a certificate
of approval by the Board.
[Added 5-3-2021 by Ord.
No. 2021-10]
If the company seeks successive consent, it shall, prior to
the expiration of this consent, apply for a municipal consent and
certificate of approval in accordance with N.J.S.A. 48:5A-16, and
applicable state and federal rules and regulations. In accordance
with N.J.S.A. 48:5A-25.1, both the Township and the company shall
be bound by the terms of this municipal consent until such time as
the company converts the municipal consent (and any certificate of
approval) into a system-wide franchise.
[Added 5-3-2021 by Ord.
No. 2021-10]
The consent granted under this section to the company shall
apply to the entirety of the municipality and any property hereafter
annexed.
[Added 5-3-2021 by Ord.
No. 2021-10]
The company shall be required to proffer video programming service
along any public right-of-way to any person's residence within
the primary service area, as it exists on the effective date of any
written approval order by the Board of this consent, at the company's
schedule of rates for standard and nonstandard installation.
[Added 5-3-2021 by Ord.
No. 2021-10]
Upon request, the company shall extend service along any public
right-of-way outside its primary service area to those residences
or small businesses within the franchise territory which are located
in areas that have a residential home density of 20 homes per mile
or greater (as measured from the then existing primary service area),
or areas with less than 20 homes per mile where residents and/or small
businesses agree to share the cost of such extension in accordance
with the line extension formula as provided by the company in its
application for municipal consent.
[Added 5-3-2021 by Ord.
No. 2021-10]
Pursuant to the terms and conditions of the Cable Television
Act, the company shall pay to the Township, as an annual franchise
fee, a sum equal to 2% of the actual gross revenues received from
all recurring charges in the nature of subscription fees paid by subscribers
for its cable television reception services in the municipality. The
company may use electronic funds transfer to make any payments to
the Township required under this section. In the event applicable
law hereinafter permits a larger franchise fee to be collected, but
does not fix the amount thereof, the Township and the company shall
negotiate in good faith with respect to the amount thereof; provided,
however, that nothing herein shall be construed to permit the Township
to require payment of a franchise fee by the company that is higher
than the fee paid by all other cable television service providers
offering service in the municipality.
[Added 5-3-2021 by Ord.
No. 2021-10]
Subject to applicable federal regulations, the company shall,
upon written request, provide free of charge, standard installation
and monthly cable television reception service to all state or locally
accredited public schools and all municipal public libraries, as well
as municipal buildings located within the municipality as follows:
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.
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.
The company shall perform construction and installation of its
plant and facilities in accordance with applicable state and federal
law. The company shall be subject to the following additional construction
requirements with respect to the installation of its cable plant and
facilities in the municipality:
a.
In the event that the company or its agents shall disturb any pavement,
street surfaces, sidewalks, driveways or other surfaces, the company
shall, at its sole expense, restore and replace such disturbances
in as good a condition as existed prior to the commencement of said
work.
b.
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
or relocate its equipment at its own expense.
c.
Upon request of a person holding a building or moving permit issued
by the Township, the company shall temporarily move or remove appropriate
parts of its facilities so as to permit the moving or erection of
buildings or for the performance of other work. The expense of any
such temporary removal or relocation shall be paid in advance to the
company by the person requesting the same. In such cases, the company
shall be given not less than 14 days prior written notice in order
to arrange for the changes required.
d.
During the exercise of its rights and privileges under this consent,
the company shall have the authority to trim trees upon and overhanging
streets, alleys, sidewalks and public places of the Township so as
to prevent the branches of such trees from coming in contact with
the wires, cables, conduits and fixtures of the company. Such trimming
shall be only to the extent necessary to maintain proper clearance
for the company's facilities.
[Added 5-3-2021 by Ord.
No. 2021-10]
The company shall comply with the technical and customer service
standards established for the cable industry under applicable federal
and state laws, rules and regulations.
[Added 5-3-2021 by Ord.
No. 2021-10]
The company shall establish and maintain during the entire term
of this consent a local area business office or agent for the purpose
of receiving, investigating and resolving complaints regarding the
quality of service, equipment malfunctions and similar matters. Said
office shall be open daily during normal business hours, and in no
event less than 9:00 a.m. to 5:00 p.m., Monday through Friday, with
the exception of holidays.
[Added 5-3-2021 by Ord.
No. 2021-10]
The Office of Cable Television is hereby designated as the complaint
officer for the Township pursuant to the provisions of N.J.S.A. 48:5A-26.
All complaints shall be reviewed and processed in accordance with
N.J.A.C. 14:17-6.5.
[Added 5-3-2021 by Ord.
No. 2021-10]
The company agrees to maintain and keep in force and effect
at its sole cost at all times during the term of this consent, sufficient
liability insurance naming the Township as an additional insured and
insuring against loss by any such claim, suit, judgment, execution
or demand in the minimum amounts of $500,000 for bodily injury or
death to one person, and $1,000,000 for bodily injury or death resulting
from any one accident or occurrence stemming from or arising out of
the company's exercise of its rights hereunder.
[Added 5-3-2021 by Ord.
No. 2021-10]
The company shall obtain and maintain, at its sole cost and
expense, during the entire term of this agreement, a bond to the Township
in the amount of $25,000. Such bond shall be to insure the faithful
performance of its obligations as provided in this franchise.
[Added 5-3-2021 by Ord.
No. 2021-10]
The rates of the company for cable television service shall
be subject to regulation to the extent permitted by federal and state
law.
[Added 5-3-2021 by Ord.
No. 2021-10]
The company shall be required to have the capability to override
the audio portion of the system in order to permit the broadcasting
of emergency messages by the Township pursuant to state and federal
requirements. 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 Township shall utilize
the state-approved procedures for such emergency uses.
[Added 5-3-2021 by Ord.
No. 2021-10]
a.
In the event that the service of another multichannel video program
provider not subject to the Township's regulatory authority within
the municipality creates a significant competitive disadvantage to
the company, the company shall have the right to request from the
Township lawful amendments to its franchise that relieve it of burdens
which create the unfair competitive situation. Should the company
seek such amendments to its franchise, the parties agree to negotiate
in good faith appropriate changes to the franchise in order to relieve
the company of such competitive disadvantages. If the parties can
reach an agreement on such terms, the Township agrees to support the
company's petition to the Board for modification of the consent
in accordance with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7.
b.
If the parties are unable to reach an agreement on appropriate amendments
to the franchise, the Township acknowledges that the company shall
have the right to petition the Board directly for such amendments
in accordance with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7; provided,
however, the Township shall be under no obligation to support the
company's request for such relief from the Board.
c.
In any subsequent municipal consent, Township shall require, at a
minimum, the same terms and conditions of any other provider of multichannel
video programming subject to the Township's regulatory authority
as those contained in the instant consent. In the event such subsequent
consent does not contain the same terms and conditions as the instant
consent, Township agrees to support the company's petition to
the Board for modification of the consent in accordance with N.J.S.A.
48:5A-47 and NJAC 14:17-6.7 to relieve the company of competitive
disadvantages identified in the company's petition.
[Added 5-3-2021 by Ord.
No. 2021-10]
Upon expiration, termination or revocation of this section,
the company, at its sole cost and expense and upon direction of the
Board, shall remove the cables and appurtenant devices constructed
or maintained in connection with the cable services authorized herein,
unless the company, its affiliated entities or assignees should, within
six months after such expiration, termination or revocation obtain
certification from the FCC to operate an open video system or any
other federal or state certification to provide telecommunications.
[Added 5-3-2021 by Ord.
No. 2021-10]
a.
The company shall continue to make available noncommercial public,
educational and governmental (PEG) access services available to the
residents of the municipality as described in the application for
municipal consent. All the company support for PEG access shall be
for the exclusive benefit of the company's subscribers.
b.
The Township agrees that the company shall retain the right to use
the PEG Channel, or portion thereof, for non-PEG access programming,
during times when the Township is not utilizing the PEG Channel for
purposes of providing PEG access programming. In the event that the
company uses the PEG Channel for the presentation of such other programming,
the PEG programming shall remain the priority use and the company's
rights with respect to using the PEG Channel for non-PEG programming
shall be subordinate to the Township's provision of PEG access
programming on the PEG Channel.
[Added 5-3-2021 by Ord.
No. 2021-10]
All of the commitments contained in the application and any
amendment thereto submitted, in writing, to the Township by the company,
except as modified herein, are binding upon the company as terms and
conditions of this consent. The application and any other written
amendments thereto submitted by the company in connection with this
consent are incorporated in this section by reference and made a part
hereof, except as specifically modified, changed, limited, or altered
by this section, or to the extent that they conflict with state or
federal law.
[Added 5-3-2021 by Ord.
No. 2021-10]
This consent shall be construed in a manner consistent with
all applicable federal, state and local laws, as such laws, rules
and regulations may be amended from time to time.
[Added 5-3-2021 by Ord.
No. 2021-10]
If any section, subsection, sentence, clause, phrase, or portion
of this section is for any reason held invalid or unconstitutional
by any court 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 portion thereof.
[Added 5-3-2021 by Ord.
No. 2021-10]
a.
Notices required under this section shall be in writing and shall
be mailed, first-class, postage prepaid, to the addresses below. Either
party may change the place where notice is to be given by providing
such change, in writing, at least 30 days prior to the time such change
becomes effective. The time to respond to notices under this section
shall run from receipt of such written notice.
1.
Notices to the company shall be mailed to:
|
Altice USA
1 Court Square West, 49th Floor
Long Island City, NY 11101
Attention: Senior Vice President for Government Affairs
With a copy to:
|
|
CSC TKR, LLC
c/o Altice USA
1 Court Square West
Long Island City, NY 11101
Attention: Legal Department
|
|
Notices to the Township shall be mailed to:
Township of Green
P.O. Box 65
Tranquility, NJ 07879
Attention: Township Manager
|
b.
Notwithstanding anything herein to the contrary, regulatory notices
from the company to the Township which are required pursuant to federal
and state law and regulations may be served electronically upon the
Township, instead of by first-class mail as described above, to an
email address provided by the Township.
[Added 5-3-2021 by Ord.
No. 2021-10]
This section shall take effect upon issuance of a certificate
of approval as issued by the Board of Public Utilities that incorporates
the material terms of this section. Nothing herein shall alter the
right of the company to seek modification of this section in accordance
with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7. In accordance with
N.J.S.A. 48:5A-25.1, the terms of this section will no longer be in
effect upon the company converting the municipal consent (and any
certificate of approval) into a system-wide franchise.
