[Ord. No. 2022-02 grants a Municipal Consent to Renew the
Operation of a Cable Television System. Added 3-9-2022 by Ord. No. 22-02. Prior ordinance history includes Ord. #9111.]
The Borough of Englewood Cliffs ("Borough") hereby grants to
Spectrum New Jersey, LLC ("Company") its non-exclusive consent to
place in, upon, along, across, above, over and under the highways,
streets, alleys, sidewalks, public ways, and public places in the
Borough poles, wires, cables, underground conduits, manholes and other
conductors and fixtures necessary for the maintenance and operation
in the Borough of a cable television system and cable communications
system.
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 under federal law, including but not limited to those of the
Federal Communications Commission, FCC Rules and Regulations 47 C.F.R.
Subsections 76.1 et seq., and the Communication Act of 1934 at 47
U.S.C. § 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. "Borough" is the Borough of Englewood Cliffs, County of Bergen, State
of NJ.
b. "Company" is Spectrum New Jersey, LLC, an indirect subsidiary of
Charter Communications, Inc., the grantee of rights under this Ordinance.
c. "Act" or "Cable Television Act" is Chapter 186 of the General Laws
of NJ, and subsequent amendment thereto, N.J.S.A. 48:5A-1 et seq.
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 Borough having received all comments regarding
the qualification of the Company to receive this consent, the Borough
hereby finds 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.
The consent herein granted shall expire 15 years from the date
of expiration of the Certificate of Approval issued by the Board of
Public Utilities.
Pursuant to the terms and conditions of the Cable Television
Act, the Company shall, during each year of operation under the consent
granted herein, pay to the Borough 2% of the gross revenues from all
recurring charges in the nature of subscription fees paid by subscribers
for its cable television reception service in the Borough.
The consent granted herein to the Company shall apply to the
entirety of the Borough and any property hereafter annexed by the
Borough by law.
The Company shall be required to proffer service along any public
right-of-way to any person's residence or business located in
those areas of the franchise territory described herein, in accordance
with the proposal for the provision of services as described in the
Company's Application for Municipal Consent. Any additional extension
of the system will be made in accordance with the Company's line
extension policy.
Restoration: In the event that the Company or its agents shall
disturb any pavement, street, 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 in
as good condition as existed prior to the commencement of said work.
Relocation: If at any time during the period of this consent,
the Borough shall alter or change the grade of any street, alley or
other way or place, the Company, upon reasonable notice by the Borough,
shall remove, re-lay and relocate its equipment at the expense of
the Company.
Temporary Removal of Cables: 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 requested by the Borough, in which case the Company shall bear
the cost.
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 Borough 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.
During the term of this franchise, and any renewal thereof,
the Company shall maintain a local business office (or agent) 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 open during normal business
hours, and in no event less than 9:00 a.m. to 5:00 p.m., Monday through
Friday.
The Office of Cable Television is hereby designated as the complaint
officer for the Borough, pursuant to N.J.S.A. 48:5A-26(b) and amendments
thereto.
All complaints shall be received and processed in accordance
with N.J.A.C. 14:17-6.5 and amendments thereto.
During the franchise, the Company shall provide a surety bond
to the Borough, 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 of Municipal Consent.
The rates of the Company shall be subject to regulation as appropriate
in accordance with federal and state laws.
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 Borough as an insured and
insuring against loss by any such claim, suit, judgment, execution
or demand in the minimum amount of $1,000,000 for bodily injury or
death per occurrence, and $500,000 for property damage per occurrence.
The Company shall be required to abide by applicable federal
requirements regarding the Emergency Alert System (EAS). The Company
shall in no way be held liable for any injury suffered by the Borough
or any other person, during an emergency, if for any reason the Borough
is unable to make full use of the System as contemplated herein.
Notwithstanding any other provisions of this Ordinance, the
Company shall not be liable for any delay in the performance of, or
failure to perform, in whole or in part, its obligations pursuant
to this Ordinance due to strike, unavailability of materials or equipment,
war or act of war (whether an actual declaration of war is made or
not), insurrection, riot, civil disturbance, sabotage or vandalism,
customer tampering or interference, act of public enemy, accident,
fire, flood or other events, to the extent that such causes or other
events are beyond the control of Company.
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, distance and independent
provision and such holding shall not affect the validity of the remaining
portions hereof.
The Company hereby agrees to indemnify and hold the Borough,
including its agents and employees, harmless from any claims or damages
resulting from the negligent actions of the Company in constructing,
operating or maintaining the Cable System. The Borough agrees to give
the Company written notice of its obligation to indemnify the Borough
within 10 days of receipt of a claim or action pursuant to this section.
Notwithstanding the foregoing, the Company shall not be obligated
to indemnify the Borough for any damages, liability or claims resulting
from the willful misconduct or negligence of the Borough or for the
Borough's use of the cable system.
This Consent shall be subject to applicable state and federal
laws.