[1972 Code, Ord. No. O-99-15 § 26-1]
Whereas, Cablevision of New Jersey, Inc., doing business as
Cablevision of Bayonne ("Cablevision") in the City of Bayonne ("City"),
was originally issued a Certificate of Approval by the New Jersey
Board of Public Utilities ("Board") on October 24, 1979 to operate
a cable television system within the City for a period of 10 years;
and
Whereas on June 14, 1989, the City Council passed resolution
#89-06-14-007 denying renewal of Cablevision's municipal consent
to operate a cable television system in the City of Bayonne and as
a result of said denial litigation was commenced by Cablevision before
the Board of Public Utilities for said renewal; and
Whereas the matter was resolved by the City of Bayonne and Cablevision
as a result of a Stipulation of Settlement and Agreement filed with
the Office of Administrative Law, bearing Docket #CTV-7546-89; and
Whereas, in accordance with said Stipulation and Agreement a
Certificate of Approval to operate a cable television system was issued
by the Board of Public Utilities on November 7, 1990 granting Cablevision
approval to operate a cable television franchise for a period of seven
years; and
Whereas, Cablevision made a timely request for the renewal of
its consent to operate a cable television system in the City of Bayonne
under procedures established by Federal and State law; and
Whereas, Notice of Cablevision's Application for Renewal
was published in accordance with statute and regulation on November
24, 1998 and January 6, 1999 so as to advise the public that the City
Council would hold a public hearing on January 13, 1999, at which
time the City Council would address the Application made by Cablevision;
and
Whereas, the City of Bayonne held a public hearing on January
13, 1999 at 7:00 p.m., which was continued to February 3, 1999 at
7:00 p.m., at which time the City Council heard the application of
Cablevision and accepted input from members of the public and the
Cable Television Committee in order to ascertain the City's future
cable-related needs and interests;
And whereas, on March 3, 1999, the City Council voted to (i)
renew municipal consent to enable Cablevision to operate a cable television
franchise; and (ii) authorized the filing of the Council's report
of its reasons and findings with the City Clerk and the Board of Public
Utilities;
Now, therefore, be it ordained by the Municipal Council of the
City of Bayonne, that Municipal Consent to operate a cable television
franchise is granted to Cablevision in accordance with the following
terms and conditions:
[1972 Code, Ord. No. O-99-15 § 26-2]
The City hereby grants to Cablevision a non-exclusive franchise
to construct, operate and maintain a cable system within the public
ways of the City subject to the terms and conditions of this ordinance.
This franchise grants to Cablevision a non-exclusive consent to place
in, upon, along and under the City's highways, streets, alleys,
sidewalks and other public places, wires, cables, underground conduits,
manholes and other television conductors and fixtures necessary for
the maintenance and operation of a cable system.
[1972 Code, Ord. No. O-99-15 § 26-3]
The following words shall have the meaning set forth in this
section unless the context shall clearly require otherwise:
Shall mean the total of the following: (i) Channel capacity
designated for noncommercial educational, public, or governmental
use; and (ii) Facilities and equipment for the use of such channel
capacity.
Shall mean the Cable Communications Policy Act of 1984 (47
USC Section 521 et seq.) as amended by the Cable Television Consumer
Protection and Competition Act of 1992, and any amendments thereto.
Shall mean the Application for Renewal submitted by Cablevision
(also known as BPU Form 100) dated April 2, 1997.
Shall mean any tier of service regularly provided to all
subscribers that includes the retransmission of local broadcast television
signals.
Shall have the same meaning as that set forth in the Act,
i.e., the equipment used by subscribers to receive the basic service
tier, including, but not limited to, converter boxes, remote controls,
and connection for additional television sets.
Shall mean the Board of Public Utility Commissioners of the
Department of Public Utilities of the State of New Jersey, currently
known as the Board of Public Utilities.
Shall mean a facility, consisting of a set of transmission
paths and associated signal generation, reception and control equipment
or other communications equipment (including, but not limited to radio
frequency, lightwave, or other devices for transmission of video,
voice, or data associated with the operation of the cable system)
that is designed to provide cable service and other service to subscribers,
but such term does not include: (i) a facility that serves only to
retransmit the television signals of one or more television broadcast
stations; (ii) a facility that serves only subscribers in one or more
multiple unit dwellings under common ownership, control, or management,
unless such facility uses any public right-of-way; (iii) a facility
of a common carrier, except that such facility shall be considered
a cable system to the extent such facility is used in the transmission
of video programming directly to subscribers; or (iv) any facilities
of any electric utility used solely for operating its electric utility
system.
Shall mean a non-broadcast signal that originates within
or in association with the facilities of the cable communications
system.
Shall mean Cablevision of New Jersey, Inc., d/b/a Cablevision
of Bayonne.
Shall mean use of the electromagnetic frequency spectrum,
light wave transmission, or any other form of transmission of video,
voice, or data, which is used in a cable system and which is capable
of delivering a television channel as defined by the Federal Communications
Commission.
Shall mean the City of Bayonne.
Shall mean the Cable Television Advisory Committee.
Shall mean an electronic device which converts signal carried
from one form or frequency to another, including from lightwave to
electromagnetic, from analog to digital, or vice versa.
Shall mean the Governing Body of the City of Bayonne, New
Jersey.
Shall mean business days.
Shall mean the Federal Communications Commission, or any
successor governmental entity thereto.
Shall mean the date that the Board issues a Certificate of
Approval for Cablevision to operate a cable television system in the
City of Bayonne.
Shall mean the right granted by the ordinance and any Certificate
of Approval to Cablevision to erect, construct, reconstruct, operate,
dismantle, test, use and maintain a cable system for the purpose of
offering cable service or other service to subscribers.
Shall mean the obligation of Cablevision to pay to the City
as a condition of the grant of said franchise a sum equal to 2% of
the gross revenues from all recurring charges in the nature of subscription
fees paid by subscribers for cable television reception service; provided,
however, that if in the future it shall be permissible under Federal
and State law for the City to charge an increased franchise fee, the
City shall be entitled to such increased fee upon 90 days' written
notice to Cablevision.
Shall mean the connection of the system or any associated
transmission system to potential subscribers, terminals, and the initial
provision of service;
Shall refer to that portion of the system made available
by Cablevision for lease for video programming pursuant to the provisions
of the Cable Act and the rules and regulations of the FCC.
Shall mean those service conditions which are within the
control of Cablevision. Those conditions which are not within the
control of Cablevision include, but are not limited to, natural disasters,
civil disturbances, power outages, telephone network outages, and
severe or unusual weather conditions. Those conditions which are ordinarily
within the control of Cablevision include, but are not limited to,
special promotions, pay-per-view events, rate increases, regular peak
or seasonal demand periods, and maintenance or upgrade of the cable
system.
Shall mean any individual, firm, corporation, partnership,
limited liability company, association, joint stock company, trust
corporation, governmental entity or organization of any kind and the
lawful trustee, successor, assignee, transferee or personal representative
thereof.
Shall mean any public or private elementary school or secondary
school which conducts classes or provides instructional services and
which has been granted a certificate of recognition by the State of
New Jersey.
Shall mean the present municipal boundaries of the City,
and shall include any additions thereto by annexation or other legal
means.
Shall mean the loss of picture or sound on one or more cable
channels.
Shall mean a category of cable service or other services,
provided by Cablevision and for which a separate charge is made by
Cablevision.
Shall mean the surface of, space above, and space below any
public street, road, highway, freeway, easement, lane, path, alley,
court, sidewalk, parkway, driveway or other public way nor or hereafter
existing as such within the City.
Shall mean a residential or commercial user of the cable
system who lawfully receives cable services with Cablevision's
express permission.
|
In the event that the State or Federal government shall repeal
or alter existing statutes or regulations to allow the City to regulate
matters currently subject to exclusive State or Federal jurisdiction,
Cablevision and the City shall negotiate in good faith to amend this
franchise to address the City's regulation of such matters.
|
[1972 Code, Ord. No. O-99-15 § 26-4]
The consent herein granted shall expire eight years from the
date of issuance of the Renewal Certificate of Approval by the New
Jersey Board of Public Utilities.
[1972 Code, Ord. No. O-99-15 § 26-5]
Renewal of this ordinance shall be in accordance with N.J.A.C.
14:18-13 et seq. and/or any other lawfully adopted State or Federal
laws.
[1972 Code, Ord. No. O-99-15 § 26-6]
Cablevision hereby agrees that subject to the provisions of
State and Federal law Cablevision shall pay to the City an amount
equal to 2% of Cablevision's gross revenues from all recurring
charges in the nature of subscription fees paid by subscribers to
its cable television reception services who receive such services
as the result of Cablevision's operation of a cable system within
the City; provided that if in the future it shall be permissible under
Federal and State law for the City to charge an increased franchise
fee, the City may implement such increased fee upon 90 days'
prior written notice to Cablevision.
[1972 Code, Ord. No. O-99-15 § 26-7]
a.
Cablevision shall comply with all Federal and State subscriber notification
requirements including but not limited to the requirements set forth
in N.J.A.C. 14:18-3.18, as same may be amended from time to time.
b.
Cablevision shall comply with all Federal and State billing requirements
including but not limited to the requirements set forth in N.J.A.C.
14:18-3.7 et seq. as same may be amended from time to time.
c.
Copies of all notices provided to subscribers shall be served concurrently
upon the City.
[1972 Code, Ord. No. O-99-15 § 26-8]
Pursuant to N.J.A.C. 14:17-6.8, Cablevision shall serve the
City with a copy of any petition seeking to transfer any certificate
approving this franchise, together with copies of any subsequent filings
with respect to same. Upon any transfer of the Certificate of Approval,
the transferee shall agree to assume each of the obligations and responsibilities
of Cablevision under this ordinance.
[1972 Code, Ord. No. O-99-15 § 26-9]
Cablevision will plan and complete construction in new residential
developments within the franchise area as expeditiously as possible.
With respect to new residential developments only, Cablevision will
lay its plant extension to the new development site no later than
30 days after occupancy of the first residential unit in such development.
With respect to the wiring of individual residential units in the
aforementioned new residential developments, for cable television
reception, and wiring of common areas of the development to the individual
units, such wiring will be completed within 90 days of a request for
service. Where Cablevision is prevented from complying with the requirements
of this section by limitations imposed by third parties, Cablevision
will be deemed in compliance with this section if it uses its best
efforts to perform its obligations under this section, and within
the time periods specified herein, wires as much of the new residential
development as is possible under such conditions.
All other installations shall be performed in accordance with
N.J.A.C. 14:18-3.2.
[1972 Code, Ord. No. O-99-15 § 26-10]
Notwithstanding the provisions herein, Cablevision shall meet
or exceed all customer service standards set forth in Federal and
State law, rule or regulation.
a.
During the term of the franchise, Cablevision shall maintain a local
business office and agent in the City of Bayonne for the purpose of
receiving and investigating complaints regarding the quality of service,
equipment malfunctions and similar matters; resolving such complaints
where possible or providing information as to how and when such complaints
will be resolved; receiving subscriber payments, and equipment returns
or exchanges.
b.
Cablevision will operate its local business office in Bayonne between
the hours of 8:00 a.m. to 6:00 p.m., Monday through Friday and will
also operate its local business office on Saturday for a four-hour
period which will be posted, advertised and publicized by Cablevision.
c.
Cablevision will schedule installations, disconnections and relocations
for Bayonne residents on regular business days in compliance with
Federal and State law.
d.
Cablevision will provide repair service to Bayonne subscribers in
compliance with Federal and State law.
e.
Cablevision shall be available for service emergencies 24 hours a
day in compliance with Federal and State law.
f.
Cablevision will equip its business office with a telecommunications
device for the deaf ("TDD"). Cablevision shall make available closed-captioned
devices for hearing impaired subscribers as well as parental key lock
devices to subscribers who request and pay for such devices. Cablevision
further agrees to publicize the availability of such devices to its
subscribers annually, or such other period as is required by Federal
and State law.
g.
Cablevision shall investigate all billing complaints and with respect
to all such complaints known to be unresolved to Cablevision or the
subscriber's satisfaction, Cablevision shall provide the subscriber
with a written response within 30 days. Cablevision shall inform the
subscriber in this written response that the subscriber may request
review of the complaint by the "Complaint Officer," and shall provide
the subscriber with the name and address of the Complaint Officer.
Cablevision shall comply with N.J.A.C. 14:18-3.11 to the extent that
it prohibits discontinuance of service where charges or services are
in dispute.
h.
With respect to service related complaints and other complaints,
Cablevision shall retain a record of such complaints in its files
in accordance with the requirements of N.J.A.C. 14:18-6.5. Additionally,
Cablevision shall for the duration of the franchise term maintain
a record of all billing complaints, service-related complaints and
other complaints brought by subscribers directly to Cablevision that
were not immediately resolved. For each individual instance of complaint,
the record will include the date of the complaint, a brief indication
of the nature of the complaint, and a brief indication of the steps
taken by Cablevision to remedy the problem.
i.
Cablevision will meet or exceed State and Federal law in answering
telephone calls within 60 seconds after initial connection. If a greater
or shorter time period is dictated by law, Cablevision shall meet
or exceed the time period dictated by law.
j.
In accordance with Federal and State law, Cablevision shall notify
subscribers of the procedure to obtain credits for interruptions and
outages of service. (N.J.A.C. 14:18-3.18). Additionally, Cablevision
shall provide subscribers with appropriate "outage credit" when the
subscriber has notified Cablevision or the Complaint Officer within
30 days after any such outage. (N.J.A.C. 14:18-3.5).
k.
Cablevision will continue to use its best efforts to ensure that
appropriate internal monitoring and control systems are established
to prevent automatic program cutoffs prior to the program's completion.
l.
The Office of Cable Television is hereby designated as complaint
officer for the City pursuant to N.J.S.A. 48:5A-26(b). Cablevision
shall inform subscribers on a quarterly basis of notice of the Complaint
Officer and the Office's name, address, phone number and procedure
to be followed in filing and pursuing complaint.
[1972 Code, Ord. No. O-99-15 § 26-11]
Cablevision shall provide the City, upon request, with copies
of any reports and filings submitted in accordance with N.J.A.C. 14:18-7
et seq. Cablevision shall make copies of these reports and filings
available to the public for review at the local business office during
normal business hours.
[1972 Code, Ord. No. O-99-15 § 26-12]
a.
Cablevision shall maintain the same mix, quality and level of video
programming as is now provided to Bayonne subscribers and which appears
in Cablevision's Application For Renewal. Cablevision shall provide
Bayonne subscribers with the broad categories of programming which
appear in Cablevision's Application For Renewal, including, but
not limited to: community programming, regional professional sports
and national collegiate and professional sports, news and public affairs,
minority programming, local broadcast television stations, children's
and educational programming, weather and a broad selection of general
entertainment programming, including cultural, entertainment, music,
religious and other special interest programming.
b.
Cablevision shall comply with Federal and State law, before (i) deleting
entirely any broad category of video programming or making any change
in the broad categories of programming; or (ii) making any change
in the mix, level or quality of programming services required by the
franchise.
c.
The overall quality of service provided by Cablevision to subscribers may be subject to evaluation by the City not more often than once annually. However, the City may evaluate the quality of service at other times, if necessary, based upon the number of customer complaints received by the City and Cablevision's response to those complaints. If the City concludes that Cablevision's service quality is inadequate, it shall so notify Cablevision, which shall negotiate in good faith with the City in an attempt to remedy and/or resolve such inadequacies. Nothing stated in this subparagraph shall be interpreted to contradict the City's designation of the Office of Cable Television as the Complaint Officer as set forth in Section 28-10l above.
d.
Cablevision shall keep pace with the technology of the cable industry
in the New Jersey/New York metropolitan area and will maintain the
degree of product availability, signal integrity and system reliability,
provided it is economically feasible during the franchise term, as
compared with New Jersey/New York metropolitan area cable systems
of comparable size.
e.
Cablevision agrees to keep the system state-of-the-art during the
entire franchise term, as compared with any New Jersey/New York metropolitan
area cable system of comparable size, and will take all reasonable
steps necessary to make HDTV signals, on-channel BTSC stereo signal
or such other technological advanced services, including cable modem
services, available on the system when such services become available
and are economically feasible during the franchise term. Any challenge
to a determination regarding economic feasibility may be made by any
party to this Agreement by petition to the Board of Public Utilities
for hearing as a contested case.
f.
Cablevision additionally agrees, that in fulfillment of its obligation
to keep the system state of the art, Cablevision will, to the extent
that it does not interfere with the need to protect its signals from
theft of service, make available to its subscribers, as soon as commercially
available and economically feasible during the term of the franchise,
any devices or equipment implementing TV/VCR interface technology
that works with scrambling/de-scrambling technology to enable subscribers
to fully utilize TV and VCR features and combinations such as, picture-in-picture,
the ability to watch and record different channels simultaneously,
the ability to record sequentially on different channels, ability
to use the remote control device provided by the TV or VCR manufacturer.
Said technology must meet or exceed State or Federal regulations regarding
such devices or equipment.
g.
Until such time as the technology noted in Section 28-12f above is commercially available and economically feasible, Cablevision will supply subscribers with free installation of the A/B switch that subscribers may purchase from Cablevision. The A/B switch partially addresses the technological limitations of the current scrambling/descrambling equipment.
[1972 Code, Ord. No. O-99-15 § 26-13]
During the life of the franchise, Cablevision shall maintain
a surety bond in favor of the City in the amount of $25,000. Such
bond shall insure the faithful performance of all understandings of
Cablevision as represented in its application for renewal and this
ordinance. If payment is made on the bond, Cablevision shall replenish
the surety bond within 30 days after the City receives payment on
the bond. The City shall receive 30 days advanced notice prior to
any cancellation, nonrenewal or alteration of the bond.
[1972 Code, Ord. No. O-99-15 § 26-14]
Cablevision shall implement a senior and disabled citizen discount
in the amount of 25% of the monthly basic service rate. Subscribers
shall establish their eligibility for the discount by either (i) presenting
a PAAD (Pharmaceutical Aid to the Aged and Disabled) card and certifying
that the subscriber is at least 62 years of age and that no more than
one person under the age of 62 resides in the same dwelling unit;
or (ii) executing an affidavit, provided by Cablevision which establishes
eligibility in accordance with the provisions of N.J.A.C. 14:18-3.20.
[1972 Code, Ord. No. O-99-15 § 26-15]
a.
Cablevision shall comply with Federal and State law governing the
Emergency Broadcast System.
b.
The Mayor or his designee shall have the ability to broadcast live
on the government access channel in case of emergency.
Subject to regulations governing the Emergency Broadcast System,
Cablevision shall have the capability to override at the head-end,
the audio portion of the system in order to permit the cablecasting
of emergency messages by the Mayor or his designee.
[1972 Code, Ord. No. O-99-15 § 26-16]
a.
Cablevision shall maintain the institutional network (INET) installed
in the City's firehouses during the term of the previous franchise.
b.
Cablevision shall construct, install and maintain an additional INET
consisting of fiber based networking connections at five municipal
facilities designated by the City. These connections shall provide
the capacity of exchanging data, audio and video images. The City
shall inform Cablevision of the locations of the five municipal facilities
and shall designate which locations shall have which uses (i.e. data,
audio or video capabilities).
[1972 Code, Ord. No. O-99-15 § 26-17]
Cablevision shall, upon the request of the subscriber, prohibit
the reception of pay-per-view channels in the subscriber's home.
Cablevision shall also provide parental lockout devices in compliance
with State and Federal law. Additionally, Cablevision shall provide
warnings for adult content programming broadcast on the cable system
in all promotional materials produced by Cablevision.
[1972 Code, Ord. No. O-99-15 § 26-18]
The City hereby agrees that the entire cable system shall include
equipment capable of providing three hours of standby power for the
distribution system, including the fiber run to the City, with continuous
power at the head-end, located in Bayonne, New Jersey.
[1972 Code, Ord. No. O-99-15 § 26-19]
a.
Cablevision agrees to maintain and keep in full force and effect
during the term of the franchise, at its sole cost and expense, insurance
coverage as specified below. Cablevision shall indemnify and hold
harmless the City, its employees, agents, and officials from all claims
against the City or Cablevision arising out of, or in connection with,
this franchise or actions taken hereunder, or the work performed hereunder.
b.
Cablevision's agreement to indemnify and hold harmless the City,
its employees, agents and officials from all claims shall also include
the payment of reasonable costs and attorneys' fees.
c.
Insurance shall be in the following limits: (i) worker's compensation,
including disability benefits and any other legally required employee
benefits, meeting all statutory amounts; (ii) General liability insurance
of at least $1,000,000 for bodily injury or death to any one person;
$5,000,000 for bodily injury or death resulting from any one accident
or occurrence; $1,000,000 for property damage resulting from any one
accident or occurrence; umbrella insurance of $5,000,000.
d.
The insurance policy or policies for items c(i) and c(ii) shall name
the City of Bayonne as additional insured. Cablevision shall supply
the City with a Certificate of Insurance naming the City as additional
insured.
e.
No policy of insurance may be canceled without prior written notice
to the City. Cablevision may substitute any policy of insurance with
a comparable policy of insurance during the term of the franchise.
The City shall receive 30 days' notice in advance of any cancellation,
change or non-renewal.
f.
Cablevision after reasonable notice will defend and pay for the expense
of defending any suit which may be commenced by a third person seeking
recovery against the City or Cablevision, their agents, contractors,
subcontractors, and employees for claims arising from or relating
to Cablevision's performance of its obligations hereunder. Cablevision
will pay any judgment which may be obtained against the City in such
a suit.
[1972 Code, Ord. No. O-99-15 § 26-20]
a.
Cablevision shall, on its post-upgrade system known as "Optimum",
provide one government access channel, one educational access channel
and one public access channel. Each channel shall have twenty-four-hour
per day programming ability. Subject to oversight by Cablevision to
ensure compliance with Federal and State law regarding usage and control,
the City shall have exclusive use and control of the government access
channel and the educational access channel. Public, educational and
government access channels and the equipment associated with these
channels shall only be used for noncommercial purposes. The programming
shall meet all applicable technical standards as to picture, quality,
and sound.
b.
The educational access channel, government access channel and the
public access channel shall be provided as part of the entry level
service for the duration of the franchise.
c.
The City and Cablevision acknowledge that at the present time Cablevision
currently operates both its pre-upgrade cable system and post-upgrade
system known as "Optimum" service. For as long as Cablevision operates
its pre-upgrade cable system, Cablevision will carry the government
access channel feed on Sunday between 8:00 a.m. and 8:00 p.m. on the
pre-upgrade cable system on a channel or channels selected by Cablevision.
Public access programming will be carried on the pre-upgrade system
on Monday through Friday from 4:00 p.m. to 8:00 p.m. on a channel
or channels selected by Cablevision. Education access programming
shall also be accommodated on the preupgrade system, on channel(s)
or time(s) selected by Cablevision when the education access channel
is providing such programming. All of the above noted programming
will be provided to subscribers in the basic tier of services in the
pre-upgrade system.
d.
To assist the City in meeting the government and educational access
production needs of the City, Cablevision will continue to provide
technical advice regarding equipment purchased and supplied by Cablevision
under previous franchise agreements with the City. It is explicitly
understood, that title to said equipment is with the City who is solely
responsible for insuring and safekeeping said equipment whether separately
purchased by the City or supplied by Cablevision under previous franchise
agreements.
e.
To meet the equipment needs of the City for the purchase or replacement
of equipment, or if necessary, for repair of equipment by outside
service vendors, Cablevision shall make available for expenditure
on behalf of the City the sum of $4,000 per year. To make use of said
funds, the City shall request, in writing, that Cablevision provide
the specified equipment or repair. Cablevision shall provide the City
with the estimated cost of the expenditure to be undertaken by Cablevision
on behalf of the City and shall also advise the City of the estimated
balance of funds that will be available if the expenditure is undertaken.
The City shall give written approval for the expenditure prior to
Cablevision taking action. Once Cablevision receives written approval
from the City to undertake the expenditure, Cablevision shall provide
the equipment or repair requested within a reasonable time. Any funds
not expended by Cablevision under this paragraph during a given franchise
year shall be carried over to the successive year for the duration
of the franchise. Cablevision shall account to the City for all funds
expended or carried over annually on the anniversary date of the issuance
of the Certificate of Approval.
f.
Cablevision will provide such technical assistance and support as
is reasonably requested by the City, with respect to the installation,
maintenance and use of the equipment provided herein.
g.
Cablevision will encourage government, educational and public access
by providing and publicizing production training courses free of charge
to access users in Bayonne including: (i) government officials, representatives,
and employees; (ii) community leaders and interest groups; (iii) educational
system officials, representatives and employees; (iv) students; and
(v) individuals.
h.
Cablevision shall conduct at least two training courses per year,
for public access users. Cablevision shall advertise these courses
well in advance to encourage participation by all members of the community.
Access training programs will be geared to a variety of skill levels.
Cablevision shall consult with the City regarding the training curriculum.
Cablevision will provide the equipment and instructors for these courses.
i.
Cablevision will, upon request, at least annually conduct a special
production training program for high school students and teachers,
at Cablevision's expense. The program will be coordinated with
officials of the City's high schools and will be scheduled to
coordinate with school calendars. The program will be in the nature
of an internship program where students will be trained to produce
community based programs.
j.
Cablevision will not be responsible for developing, writing or editing
programming, but will provide technical assistance and training to
facilitate production of government, educational and public access
programming. Such programming shall be aired on the station designated
for the respective programming purposes at such times as decided upon
by the City and Cablevision.
k.
Cablevision, at its own expense, will provide coverage for no less
than 15 Bayonne events per year and produce programs on same, to be
aired on its local origination programming channel. The City agrees
to provide a general list of events from which Cablevision may choose
and will use its best efforts to assist Cablevision in selecting appropriate
events for coverage. Cablevision agrees to use its best efforts to
replay its coverage of all such events within 48 hours of the event's
original air date.
l.
Cablevision will use its best efforts to replay all public access
programming when the public access user has requested the replaying
of the user's programming. Cablevision will impose no charge
to Bayonne public access users for use of Cablevision's studio
or equipment for production of noncommercial public access programming.
Cablevision will impose no charge on Bayonne public access users for
airing or replaying noncommercial public access programming.
m.
Cablevision will provide studio, editing and portable equipment throughout
the term of the franchise to adequately meet public access needs in
Bayonne.
n.
Cablevision and the City agree to the operating rules and procedures
for public access currently in use by Cablevision, and as they may
be amended from time to time in accordance with applicable State and
Federal law.
o.
Cablevision will continue to provide one standard installation and
cable service to its entry level service, free of charge to one outlet
at each public and private elementary, secondary and post-secondary
school within the City. Cablevision shall upgrade any previously supplied
service to the entry level Optimum Service. Any school not yet connected
shall be notified by Cablevision that such free service is available
and shall provide a convenient form for the institution to submit
to Cablevision to submit in order to take advantage of the offer.
Nothing stated herein shall prevent any school from upgrading service
or adding additional outlets at the sole cost of the school.
p.
Cablevision shall continue to provide one free standard installation
and cable service at the entry level of service to the library and
other municipal locations which received this service under the previous
franchise. This free service, if not presently providing Optimum service,
shall be upgraded to Optimum.
Cablevision shall upgrade the previously noted services to provide
one cable modem service per school or other municipal location, as
soon as same is made available to the City's subscribers.
[1972 Code, Ord. No. O-99-15 § 26-21]
In the event that any provision of this ordinance is deemed
or held to be null and void for any reason, including conflict with
any provision of State or Federal law or regulation, its invalidation
in no way shall affect either the overall validity of this ordinance
or any other provision of this ordinance. In such event, the City
and Cablevision shall use their best efforts, including but not limited
to amendment of the ordinance, to carry out the intent of this ordinance.
Any such amendment to this ordinance must be approved by the Board
of Public Utilities prior to enactment.
[1972 Code, Ord. No. O-99-15 § 26-22]
Every notice or response to be served upon the City or Cablevision
shall be in writing, and shall be deemed to have been duly given to
the required party 10 days after having been posted in a properly
sealed and correctly addressed envelope by certified or registered
mail, postage prepaid, at the Post Office or branch thereof regularly
maintained by the U.S. Postal Service. The City or Cablevision may
change the address for notification at a later date. Notices or responses
to the City shall be addressed as follows:
|
Bayonne Municipal Clerk with copies to:
|
Chairperson, Cable Television Committee
|
|
City of Bayonne
|
City of Bayonne
|
|
630 Avenue C
|
630 Avenue C
|
|
Bayonne, NJ 07002
|
Bayonne, NJ 07002
|
The notices or responses to Cablevision shall be addressed as
follows:
|
Cablevision of Bayonne with copies to:
|
Cablevision
|
|
685 Broadway
|
1111 Stuart Avenue
|
|
Bayonne, New Jersey 07002
|
Bethpage, NY 11714
|
|
Attn: Manager/Director
|
Attn: Legal Department
|
[1972 Code, Ord. No. O-99-15 § 26-23]
Subject to any applicable State or Federal regulations or tariffs,
the City shall have the right at no cost to make additional use for
any public purpose, of any poles or conduits controlled or maintained
exclusively by or for Cablevision in any public way; provided that:
a.
Such use by the City does not interfere with a current or future
use by Cablevision, and
b.
The City holds Cablevision harmless against and from all claims,
demands, costs, or liabilities of every kind and nature whatsoever
arising out of such use of said poles or conduits, including but not
limited to, reasonable attorneys' fees and costs.
[1972 Code, Ord. No. O-99-15 § 26-24]
a.
The parties recognize that it is within their mutual best interests
for the cable system to be operated as efficiently as possible. To
achieve this, the parties agree to cooperate with each other in accordance
with the terms and provisions of the Agreement. Should either party
believe that the other is not acting timely or reasonably within the
confines of the franchise or applicable regulations and procedures
in responding to a request for action, that party shall notify the
other party of same. The party so notified will use its best efforts
to facilitate the particular action requested.
b.
In the event that either party has reason to believe that the other
party has failed to comply with a material term of the franchise or
otherwise as specified in Section 28-22a, the party shall provide
written notice to the other party of the alleged grievance or breach.
A reasonable opportunity to cure said grievance or breach shall be
specified in the written notice.
c.
After receipt of any such written notice, either party may agree
to meet with the other party or its respective designee in an attempt
to resolve the alleged breach on an amicable basis.
d.
If the dispute cannot be resolved on an amicable basis, either party
shall have the right to petition for relief to the Board of Public
Utilities.
e.
The failure of any party at any time to require performance by the
other party of any provision of this ordinance shall not operate as
a waiver of such default. Nor shall the waiver by any party of any
breach of any provision hereof be deemed a waiver of any subsequent
breach of such provision or a waiver of the provision itself.
f.
Neither party shall be liable for delay in performance or failure
to perform in whole or in part any of its obligations pursuant to
the ordinance due to a labor dispute, act of war, insurrection, riot,
act of public enemy, accident, fire, flood, act of God, or other events
beyond the reasonable control of the affected party. Any such delay
or failure to perform shall not be considered a material breach of
this ordinance. The affected party agrees to take appropriate measures
to cure any delay or failure and to perform within a reasonable time.
[1972 Code, Ord. No. O-99-15 § 26-25]
This ordinance shall take effect upon its final passage and
publication as provided by law.
[1972 Code, Ord. No. O-99-15 § 26-26]
The consent granted herein to Cablevision shall apply to the
entirety of the City and any property hereafter annexed.
[1972 Code, Ord. No. O-99-15 § 26-27]
All of the commitments and statements contained in the application
and any amendments thereto submitted in writing to the City by Cablevision,
except as modified herein, are binding upon Cablevision as terms and
conditions of this consent. The following modification is noted. The
City has rejected the portion of the application which requests "favorable
terms". The City's objections were noted at the public hearing
and at other meetings held with Cablevision. Cablevision may make
a future request to the City to amend this ordinance to include such
"favorable terms" after answering the City's concerns on this
topic. Any such amendment to the ordinance must receive prior approval
by the Board. The Cablevision application and other relevant writings
are annexed hereto and made a part hereof by reference, to the extent
that those documents do not conflict with State or Federal law.
[1972 Code, Ord. No. O-00-08 § 1]
This ordinance shall be known and may be cited as the "RCN Telecom
Services of New Jersey, Inc., Open Video Systems Service Agreement."
[1972 Code, Ord. No. O-00-08 § 2]
For the purpose of this ordinance, the following terms, phrases,
words, and their derivations shall have the meaning given herein.
When not inconsistent with the context, words used in the present
tense include the future, words in the plural include the singular,
and words in the singular, include the plural.
Shall mean the total of the following: (i) Channel capacity
designated for non-commercial educational, public, or governmental
use; and (ii) facilities and equipment for the use of such channel
capacity.
Shall have the same meaning as set forth in the rules and
regulations of the FCC which govern the provision of OVS services
as set forth in 47 C.F.R. 76.1500(g).
Shall mean any tier of video programming service regularly
provided to all subscribers that includes the retransmission of local
broadcast television signals.
Shall mean the City of Bayonne, County of Hudson, State of
New Jersey.
Shall mean RCN Telecom Services of New Jersey, Inc.
Shall mean business days.
Is the Federal Communications Commission.
Shall mean that the Federal statute relating to open video
systems, known as 47 U.S.C. § 521 et seq., or as the statute
may be amended.
Shall mean those Federal Regulations relating to open video
systems, 47 C.F.R. § 76.1500 et seq., and, to the extent
applicable, any other Federal rules and regulations.
As used herein includes every street, road, alley thoroughfare,
way or place of any kind used by the public or open to use by the
public.
Shall mean any person or group of persons who provides cable
television service over an open video system and directly or through
one or more affiliates owns a significant interest in such open video
system, or otherwise controls or is responsible for the management
and operation of such an open video system.
Shall mean a facility consisting of transmission paths and
associated signal generation, reception, and control equipment that
is to provide cable television service which includes video programming
to multiple subscribers within the City and which has received a certificate
from the FCC pursuant to 47 C.F.R. 76.1502.
Shall include the video programming services distributed
by an OVS operator or its affiliate directly to their subscribers
in the City by use of the OVS operator's facilities.
Is any person, firm, partnership, association, corporation,
company, or organization of any kind.
Shall mean any public or private elementary school or secondary
school which conducts classes or provides instructional services and
which has been granted a certificate of recognition by the State of
New Jersey.
Shall mean the surface of, space above, and space below any
public street, road, highway, freeway, easement, lane, path, alley,
court, sidewalk, parkway, driveway or other public way now or hereafter
existing as such within the City.
Shall mean the fund created in Section 28-5 of this Agreement for the promotion of access to advanced technologies.
Shall mean those revenues derived from the provision of video
programming services as part of the open video systems services.
[1972 Code, Ord. No. O-00-08 § 3]
Pursuant to applicable law, at a public meeting, upon appropriate
notice, the City has considered the qualifications of the Company
to provide OVS service and 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, and that, therefore, the City hereby grants
the Company a non-exclusive right and privilege 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 City such poles, wires, cables, underground
conduits, manholes, and other communications conductors and fixtures
necessary for the maintenance and operation in the City of an open
video system and to provide OVS service and other electronic impulses
in order to furnish television and radio programs, and various communications
and other electronic services to the public. The right so granted
includes 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.
[1972 Code, Ord. No. O-00-08 § 4]
The authority granted to the Company shall be for a term of
10 years from the effective date of this ordinance in accordance with
the laws of the State of New Jersey.
[1972 Code, Ord. No. O-00-08 § 5]
The Company shall, during each year of operation under this
Agreement, pay to the City the following sums: (i) 2% of the revenues
received from the basic service which shall be paid to the general
treasury of the City of Bayonne; (ii) 3% of gross revenues from the
Company's OVS service, which shall be paid to the City of Bayonne
and applied to the Technology Access Fund which funds are to be used
by the City of Bayonne for promotion of access to advanced technologies;
(iii) upon adoption and publication of this ordinance the Company
shall provide to the City the sum of $7,000 for the purchase of access
equipment; and (iv) thereafter, at the end each of the 10 years following
the adoption of this ordinance, the Company shall provide the sum
of $10,000 to the City for the purchase of access equipment.
[1972 Code, Ord. No. O-00-08 § 6]
The City reserves the right to regulate, negotiate or renegotiate
rates, including but not limited to rates for basic service, to the
extent not prohibited by Federal and State law, including any future
changes in law.
[1972 Code, Ord. No. O-00-08 § 7]
a.
During the term of this authority, the Company shall maintain a local
business office or agent within the County of Hudson for the purpose
of receiving and resolving all complaints regarding the quality of
service, equipment malfunctions, and similar matters. The Company
will provide and maintain throughout the term of this franchise, a
drop-off site within the City of Bayonne for the drop-off of payments
and equipment.
b.
The Company shall comply with all Federal regulations and State Regulations
pertaining to customer service, including, but not limited to those
pertaining to office hours and telephone availability, installations,
outages and service interruptions, service calls, billing, billing
disputes, service-related complaints, and notices of changes in rates,
programming, and channel positions.
c.
The company agrees to adhere to the voluntary customer service standards
promulgated by the New Jersey Cable Television Association, and published
by the Association on or about August 26, 1993. The Company shall
agree to abide by any applicable cable television customer service
standards until such time as customer service standards for OVS Service
are promulgated by the applicable State or Federal authority, at which
time the Company will abide by the OVS standards.
d.
With respect to service-related complaints and other complaints,
the Company shall inform the complainant that he may request review
of the complaint by the Complaint Officer, and shall provide the subscriber
with the name and address of the Complaint Officer. The Company shall
provide the Complaint Officer with the name, address and phone number
of a Company representative that will coordinate the processing of
complaints received by the Complaint Officer. All complaints will
be investigated promptly and the Company shall inform the Complaint
Officer of the results of the investigation within 30 days.
e.
With respect to service-related complaints and other complaints,
when such complaints are made in writing, the Company shall retain
an actual copy of such written complaints in its files. The Company
shall provide the City with notice of its intent to dispose of any
records kept pursuant to this section, in a manner similar to N.J.A.C.
14:18-6.2(b), or pursuant to N.J.A.C. 14:18-6.5, at least 120 days
prior to such disposal, in order to permit the City adequate time
to request that such records be available for the City's inspection
and copying as permitted by law.
f.
The Company shall provide written notice to its subscribers on a
quarterly basis of the procedures by which a subscriber may obtain
credits for outages and interruptions of service. Such notices shall
be written in both English and Spanish.
g.
The Company will meet with the City on a semi-annual basis, at the
City's request, to review and discuss billing, service-related
and other complaints of subscribers, and other issues of concern of
the City.
h.
The Company will make trained company representatives available to
respond to telephone inquiries from Bayonne customers between the
hours of 8:00 a.m. and 11:00 p.m., Monday through Friday, between
the hours of 9:00 a.m. and 12:00 a.m. on Saturday, and between the
hours of 12:00 p.m. and 12:00 a.m. on Sunday.
i.
RCN will provide repair service to Bayonne subscribers in compliance
with Federal and State law.
j.
RCN shall be available for service emergencies 24 hours a day in
compliance with Federal and State law.
k.
RCN will equip its business office with a telecommunications device
for the deaf ("TDD"). RCN shall make available closed-captioned devices
for hearing impaired subscribers as well as parental key lock devices
to subscribers who request and pay for such devices. RCN further agrees
to publicize the availability of such devices to its subscribers annually,
or such other period as is required by Federal and State law.
l.
RCN shall provide Bayonne subscribers with the broad categories of
programming including, but not limited to: community programming,
regional professional sports and national collegiate and professional
sports, news and public affairs, minority programming, local broadcast
television stations, children's and educational programming,
weather and a broad selection of general entertainment programming,
including cultural, entertainment, music, religious and other special
interest programming.
m.
RCN shall comply with Federal and State law, before (i) deleting
entirely any broad category of video programming or making any change
in the broad categories of programming; or (ii) making any change
in the mix, level or quality of programming services required by the
franchise.
n.
The overall quality of service provided by RCN to subscribers may
be subject to evaluation by the City not more often than once annually.
However, the City may evaluate the quality of service at other times,
if necessary, based upon the number of customer complaints received
by the City and RCN's response to those complaints. If the City
concludes that RCN's service quality is inadequate, it shall
so notify RCN, which shall negotiate in good faith with the City in
an attempt to remedy and/or resolve such inadequacies.
o.
RCN shall keep pace with the technology of the cable industry in
the New Jersey/New York metropolitan area and will maintain the degree
of product availability, signal integrity and system reliability,
provided it is economically feasible during the franchise term, as
compared with New Jersey/New York metropolitan area cable systems
of comparable size. RCN will supply subscribers with free installation
of the A/B switch that subscribers may purchase from RCN. The A/B
switch partially addresses the technological limitations of the current
scrambling/de-scrambling equipment.
p.
The City Clerk is hereby designated as the complaint officer for
the City.
[1972 Code, Ord. No. O-00-08 § 8]
a.
The Company expressly agrees that it will indemnify and hold harmless
the City and its officials, agents and employees and pay all damages
and penalties which the City may legally be required to pay as a result
of the Company's negligence in the installation, operation, or
maintenance of the open video system authorized herein. The City shall
notify the Company's manager within 90 days after the presentation
of any claim or demand to the City, either by suit or otherwise, made
against the City on account of any negligence or contract as aforesaid
on the part of the Company.
b.
Furthermore, the Company shall maintain and keep in full force and
effect liability insurance naming the City and the Company as insureds
and insuring against loss by any claim, suit, judgment, execution
or demand in the minimum amounts as follows: (i) $1,000,000 for bodily
injury or death resulting from any one accident; (ii) $3,000,000 for
property damage resulting from any one accident; (iii) $1,000,000
for all other types of liability including property damage; and an
umbrella policy in the minimum amount of $15,000,000.
c.
Upon the effective date of this authority, the Company shall secure
a performance bond in the amount of $500,000. Upon completion of construction
of the system and during the life of this authority, the Company may
reduce the amount to $100,000. Such bond shall be to insure the faithful
performance of all undertakings of the Company.
[1972 Code, Ord. No. O-00-08 § 9]
a.
Territory. The authority granted under this ordinance shall apply
to the entirety of the City, and any property hereafter annexed thereto.
b.
Facilities and Equipment. In transmitting its communications signals
to subscribers in the City, the Company shall provide a quality of
signal that is at least as good as that customarily provided under
prevailing industry standards, and shall comply with any requirements
imposed by the Federal Regulations, any Federal pronouncements, and
(to the extent not preempted by Federal law) any State pronouncements
relating to technical standards for the transmission of communication
signals, transmission quality, or facilities and equipment. The Company
will be committed to keeping pace with the technology of the communications
industry in New Jersey and the New York metropolitan area and will
maintain a high degree of product availability and system reliability
as compared with New Jersey and the New York metropolitan area systems
of comparable size, measured by the number of subscribers on the system.
The Company shall notify the City prior to commencement of any work
or construction activities which would materially impact the condition
or use of City property or the public streets and rights-of-way.
c.
Extension of Service. The Company shall be required to provide service
to any person's residence or business located in the City along
public streets and rights-of-way, except where access to such residence
or business is denied.
d.
Relocation of Poles. In the event that, at any time during the term
of this ordinance, the City shall lawfully elect to alter or change
the grade of any street, alley, or other public way, the Company,
upon reasonable notice by the City, shall promptly remove, relay and
relocate its poles, wires, cables, underground conduits, manholes,
and other fixtures at the Company's own expense.
e.
Temporary Wire Changes. The Company shall, on the request of any
person holding a valid building moving permit issued by the City,
temporarily raise or lower its wires to permit the moving of buildings,
machinery or in other similar circumstances. The expense of such temporary
removal, raising or lowering of wires shall be paid by the person
requesting same, unless the request is on behalf of the City in which
case there shall be no charge. The Company shall have the authority
to require any such payment in advance. The Company shall be given
not less than 30 days' advance notice to arrange for temporary
wire changes.
f.
Tree Trimming. The Company shall have the authority to trim trees
upon and overhanging streets, highways, alleys, sidewalks, and public
places within the City so as to prevent the branches of such trees
from coming into contact with the wires and cables of the Company.
The Company shall notify the City in advance prior to commencement
of tree trimming activities, except where such tree trimming is necessary
due to emergency conditions or to restore the Company's service.
g.
Compliance with Standards. All facilities and equipment of the Company
shall be constructed and maintained in accordance with the requirements
and specifications of the applicable ordinance and regulations set
forth by the City and/or any other local, State or Federal agencies.
The Company shall maintain its facilities and equipment within the
City in good and reasonable operating condition at all times during
the term of the authority granted herein.
h.
Coordination of Initial Construction. During the initial construction
of the open video system, the Company will coordinate construction
activities with the City to minimize disruption to residents of the
City. The company shall inform designated City officials of the location
of construction activities prior to commencing construction in any
area of the City. The Company shall designate a contact person to
coordinate activities during the initial construction and to receive
complaints regarding construction and restoration. The Company shall
develop a pre-construction plan to coordinate construction activities
in the City for review by the City. Thereafter, the Company will provide
reports, including meetings with City representatives, to the City
on accomplished and contemplated construction activities in a form
and at such intervals as determined by the City. The vehicles of the
Company, and those of any contractors, shall be suitably marked and
all employees and contractors shall display appropriate identification.
i.
Underground Service Areas. In the areas of the City in which telephone
lines are currently, or in the future specified to be, underground,
whether required by law or not, all of the Company's lines, cables
and wires shall be underground. At such time these facilities are
placed underground by the telephone and electric utilities at their
sole cost and expense or are required to be placed underground by
the City at the sole cost and expense of such telephone and electric
utility companies, the Company shall likewise place its facilities
underground at its sole cost and expense.
j.
New Residential Developments. RCN will plan and complete construction
in new residential developments within the franchise area as expeditiously
as possible. With respect to new residential developments, RCN will
lay its plant extension to the development site no later than 30 days
after occupancy of the first residential unit in such development.
With respect to the wiring of individual residential units for cable
television reception, and wiring of common areas of the development
to the individual units, such wiring will be completed within 90 days
of a request for service. Where RCN is prevented from complying with
the requirements of this paragraph by limitations imposed by third
parties, RCN will be deemed in compliance with this paragraph if it
uses its best efforts to perform its obligations under this paragraph,
and within the time periods specified herein, wires as much of the
residential development as is possible under such conditions.
[1972 Code, Ord. No. O-00-08 § 10]
The Company shall have the authority to promulgate such reasonable
rules, regulations, terms and conditions governing the conduct of
its business as shall be reasonably necessary to enable the Company
to exercise its rights and perform its obligations under this authority,
and to assure an uninterrupted service to each and all of its customers;
provided, however, that such rules, regulations, terms and conditions
shall not be in conflict with Federal and/or State laws. These rules
and regulations and any amendments promulgated shall be filed with
the City Clerk immediately upon adoption by the Company.
[1972 Code, Ord. No. O-00-08 § 11]
The Company shall not sell or transfer its open video system
to another entity, nor transfer any rights under this ordinance to
another, without the consent of the City, which shall not be unreasonably
withheld. The Company shall notify the City at least 60 days'
in advance of any transfer. Such transfer shall be deemed approved
by the City if the City has not raised any questions or objections
within 60 days of receipt of such notice. The Company, may, however,
upon 60 days written notice to the City, and without reasonable objection
by the City, transfer any rights or privileges to an affiliate of
the Company without prior approval and may pledge its property in
the ordinary course of business.
[1972 Code, Ord. No. O-00-08 § 12]
This ordinance and Agreement is subject to all provisions of
the State and Federal Law applicable to OVS service providers and
to all lawful rules and regulations promulgated by any government
agency or subdivision pursuant thereto.
[1972 Code, Ord. No. O-00-08 § 13]
The Company shall not allow its OVS service or other operations
to interfere with television reception of 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 City.
[1972 Code, Ord. No. O-00-08 § 14]
The Company shall provide installation and at least one outlet
of free monthly basic service and cable modem access in all schools
and public libraries in the City, as well as City Hall.
[1972 Code, Ord. No. O-00-08 § 15]
The Company shall offer a discount of $2 on its basic level
of video programming service, exclusive of any other package or discounts,
to any senior citizen 62 years of age or older who does not share
the Company's service with more than one person who is less than
62 years of age and any disabled persons or any disabled individual.
In order to receive the discount, the senior citizens or disabled
citizen must have an annual household income of $30,000 or less.
[1972 Code, Ord. No. O-00-08 § 16]
a.
After the construction is complete, the Company will provide a minimum
of one governmental access channel, one educational access channel
and one public access channel on the system. The City shall not be
required to share either the educational or governmental access channels
with any other municipality. The public access channel may be shared
with the Company's other franchised municipalities on the same
system. The Company will provide the City and the Board of Education
with exclusive usage and control of their respective channels. None
of the access channels will be arbitrarily relocated to another channel
number during the duration of the Agreement. The educational access
channels, governmental access channels and public access channels
(hereinafter referred to collectively as the "PEG channels") will
be provided at no cost to the City as part of the entry level service
for the duration of the Agreement.
b.
In the event that any of the access channels are relocated to another
channel number during the term of this Agreement, the Company shall
comply with the provisions of the Federal regulations and any applicable
State regulations pertaining to changes in channel positions or channel
allocation, including but not limited to 47 C.F.R. § 76.309
(c)(3). Additionally, in such event, the Company shall publish notice
of any change in an access channel position in a newspaper of general
circulation in the City at least 15 days prior to the effective date
of such change, and a second time no more than eight days nor less
than five days prior to the effective date of such change. Furthermore,
contemporaneous with its written notice provided to subscribers, the
Company shall provide written notice to the City of any change in
the channel position of either the municipal or educational access
channel, and written notice to the Board of Education of any change
in the channel position of the education access channel.
c.
If during any two-month period during the term of this Agreement,
three or more PEG Channel users cannot reasonably be accommodated
in their requirement(s) for access on a PEG channel, and during such
period over 75% of all available time on such channel between the
hours of 9:00 a.m. and 9:00 p.m. has been utilized for PEG programming,
the Company shall thereupon make an additional channel available for
PEG usage. It shall be within the sole discretion of the City to decide
whether the additional access channel provided shall be for governmental,
educational or public access, or any combination thereof. All additional
governmental access and educational access channels shall be for the
exclusive usage and with the exclusive control of the City and the
Board of Education respectively.
d.
The Company shall take any steps that are necessary to ensure that
the signals originated on the PEG channels are carried without material
degradation, and that the quality of the signal transmitted to subscribers
over the PEG channels meets prevailing industry standards and is equal
to the quality of the signals transmitted by RCN on its other channels.
[1972 Code, Ord. No. O-00-08 § 17]
a.
The Company will provide free of charge such technical assistance,
advice, and support as is reasonably requested by the City, with respect
to the purchase of equipment, and the installation and use of the
equipment purchased, with funds provided hereunder. Such technical
assistance, advice and support will be available to:
b.
The Company shall encourage government, educational and public access
by providing and publicizing production training courses free of charge
to access users in Bayonne including: (i) government officials, representatives,
and employees; (ii) community leaders and interest groups; (iii) educational
system officials, representatives and employees; (iv) students; and
(v) individuals.
c.
The Company shall conduct at least two training courses per year,
for public access users. The Company shall advertise these courses
well in advance to encourage participation by all members of the community.
Access training programs will be geared to a variety of skill levels.
The Company shall consult with the City regarding the training curriculum.
The Company will provide the equipment and instructors for these courses.
[1972 Code, Ord. No. O-00-08 § 18]
Public access programming on RCN's system will be aired
between the hours of 7:30 p.m. and 11:00 p.m. unless the public access
user wishes otherwise. The Company will use its best efforts to replay
all public access programming. The Company will impose no charge on
public access users for airing or replaying noncommercial public access
programming on the public access channel.
[1972 Code, Ord. No. O-00-08 § 19]
a.
The Company shall provide Internet access services for use by the
City. Internet access shall include the hosting of an Internet web
site for the City and Internet addresses for City officials.
b.
Upon completion of construction of the open video system, the Company
shall dedicate two fiber optic cables to permit an inter-connection
of municipal building and schools. These fiber optic cables would
permit two-way video capability and point-to-point data capability.
The two fiber optic cables would be owned and maintained by the Company,
but would be dedicated to the City's use. End user equipment
will be the responsibility of the City to purchase and maintain.
[1972 Code, Ord. No. O-00-08 § 20]
The open video system shall have the capability to have an emergency
alert throughout the City by an audio or video override of all channels
in the event of a public emergency. The Company shall coordinate the
use of the emergency alert system with appropriate national, State
and local officials.
[1972 Code, Ord. No. O-00-08 § 21]
RCN shall, upon the request of the subscriber, prohibit the
reception of pay per view channels in the subscriber's home.
RCN shall also provide parental lockout devices in compliance with
State and Federal law. Additionally, RCN shall provide warnings for
adult content programming broadcast on the cable system in all promotional
materials produced by RCN.
[1972 Code, Ord. No. O-00-08 § 22]
If any section, subsection, sentence, clause, phrase, or portion
of this ordinance is for any reason held invalid, preempted, or unconstitutional
by any court or Federal or State agency of competent jurisdiction,
such portion shall be deemed a separate, distinct, and independent
provision of this ordinance, and such holding shall not affect the
validity of the remaining portions hereof.
[1972 Code, Ord. No. O-00-08 § 23]
a.
This Agreement is subject to the Laws of the State of New Jersey
insofar as they are consistent with Federal Law and any actions hereto
shall be maintained in the State of New Jersey.
b.
Should any of the Federal Act, regulations or pronouncements applicable to the regulation of OVS service or 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 places limits on permissible terms and conditions, and any provision of this ordinance becomes invalid by virtue of such modification, the preceding Section 28-62 shall apply.
[1972 Code, Ord. No. O-00-08 § 24]
This ordinance shall take effect upon its final passage and
publication according to law.
[1972 Code, Ord. No. O-00-08 § 25]
The rights granted herein are nonexclusive and the City may,
in accordance with the requirements of Federal or State Law, award
another like authority to a separate company in addition to the Company.
[1972 Code, Ord. No. O-00-08 § 26]
All notices shall be sent via certified mail/return receipt
requested and regular mail to the following addresses:
|
For the City:
|
City Clerk
City of Bayonne
630 Avenue C
Bayonne, NJ 07002
|
|
For the Company:
|
George Duffy, Vice President, Franchising & Development
RCN Telecom Services of New Jersey, Inc.
105 Carnegie Center
Princeton, NJ
|
[1972 Code, Ord. No. O-00-08 § 27]
This Agreement may be amended or modified in accordance with
law if, during the term of this Agreement, the parties determine that
such amendment or modification is necessary or desirable due to changes
in circumstances or applicable law.
