[HISTORY: Adopted by the Township Committee of the Township
of Montague 12-8-92 as Ord. No. 92-17. Amended in entirety 3-24-15 by Ord. No. 2015-02. Amendments noted where applicable.]
The governing body of the Township of Montague (hereinafter
referred to as the "Township") determined that Cablevision of Warwick,
LLC (hereinafter referred to as the "Company" or "Cablevision") has
the technical competence and general fitness to operate a cable television
system in the Township, and by prior ordinance granted its municipal
consent for Cablevision to obtain a non-exclusive franchise (the "Franchise")
for the placement of facilities and the establishment of a cable television
system in the Township.
By application for renewal consent filed with the Township and
the Office of Cable Television on or about November 2014, Cablevision
has sought a renewal of the Franchise.
The Township having held public hearings has made due inquiry
to review Cablevision's performance under the Franchise, and
to identify the Township's future cable-related needs and interest
and has concluded that Cablevision has substantially complied with
its obligations under the Franchise and applicable law and has committed
to certain undertakings responsive to the Township's future cable-related
needs and interests.
The governing body of the Township has accordingly concluded
that the consent should be renewed subject to the requirements set
forth below; and that, provided Cablevision's proposal for renewal
embodies the commitments set forth below, the Township's municipal
consent to the renewal of the franchise should be given.
For the purpose of this Ordinance 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. 48:5 A-1 et
seq.
Cablevision'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 Ordinance.
The Board of Public Utilities of the State of New Jersey
or its successor agency.
The governing body of the Township of Montague in the County
of Sussex, and the State of New Jersey.
Cablevision of Warwick, LLC ("Cablevision") the grantee of
rights under this Ordinance.
The Federal Communications Commission.
The federal statute relating to cable communications commonly
known as the Cable Communications Policy Act of 1984, 47 U.S.C. Section
521 et seq. and the Telecommunications Act of 1996, or as those statutes
may be amended.
Those federal regulations relating to cable television services,
47 C.F.R. Section 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 C.F.R. Section
76.3), or as such regulations may be amended.
The instillation of drop cable to a customer's premises
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.
A public hearing concerning the consent herein granted to Cablevision
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 municipality having received all comments regarding the qualifications
of Cablevision receive this consent; the Township hereby finds Cablevision
possesses the necessary legal, technical, character, financial and
other qualifications to support municipal consent, and that Cablevision's
operating and construction arrangements are adequate and feasible.
The Township hereby grants to Cablevision its non-exclusive
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 Township 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.
This consent granted herein shall be non-exclusive and shall
be for a term of 10 years from the date of issuance of a Certificate
of Approval by the Board.
If Cablevision 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-25.1, both
the Township and Cablevision shall be bound by the terms of this municipal
consent until such time as Cablevision converts the municipal consent
(and any certificate of approval) into a system-wide franchise.
The consent granted under this Ordinance to Cablevision shall
apply to the entirety of the Township and any property hereafter annexed.
Cablevision shall be required to proffer video programming service
along any public right-of-way to any person's residence within
the portion of franchise territory, as described in the application
for municipal consent, at Cablevision's schedule of rates for
standard and nonstandard installation. The primary service area shall
consist of those areas of the Township designated on the map attached
to the application for municipal consent as currently wired for cable
television service.
Cablevision shall extend service along any public right of way
outside its service area to those residences within the franchise
territory which are located in areas that have a residential density
of 25 homes per mile or greater, or areas that have less than 25 homes
per mile where residents agree to share the costs of such extension
in accordance with the line extension formula as provided by the Company
in its application for municipal consent.
Pursuant to the terms and conditions of the Cable Television
Act, Cablevision 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 nature of subscription fees paid by the subscribers
for its cable television reception services in the Township. In the
event applicable law hereinafter permits a larger franchise fee to
be collected, but does not fix the amount thereof, the Township and
Cablevision 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 Cablevision
that is higher than the fee paid by all other cable television service
providers offering service in the municipality.
A.
Cablevision shall, upon written request, provide free of charge one
standard installation and monthly cable television reception service
to all state or locally accredited public and private elementary and
secondary schools and all municipal public libraries, as well as municipal
buildings located within the Township that are used for governmental
purposes.
B.
Upon written request from the Township, the Company shall provide
to the Township's Town Hall, without charge, the following: (1)
one standard installation; (2) one cable modem per installation; and
(3) basic cable modem service for the term of this Ordinance for each
installation. This offer shall be subject to the terms, conditions
and use policies of the Company as those policies may exist from time
to time.
C.
Upon written request from the Township, the Company shall provide
to state and locally accredited elementary and secondary schools and
municipal public libraries in the Township, without charge, the following:
(1) one standard installation; (2) one cable modem per installation;
and (3) basic cable modem service for the term of this Ordinance for
each installation. This offer shall be subject to the terms, conditions
and use policies of the Company as those policies may exist from time
to time.
Cablevision 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 Township:
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 such said
work.
B.
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 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 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
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.
E.
In any areas of the Township where all utility services including
telephone and power are required to be underground, Cablevision shall
also place its cable underground.
Cablevision shall comply with the technical and customer service
standards established for the cable industry under applicable federal
and state laws, rules and regulations.
Cablevision 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. With
the exception of holidays, 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.
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
Cablevision agrees to maintain and keep in force and effect
at its sole cost at all times during the term on 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 one million dollars ($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.
Cablevision shall obtain and maintain, at its sole cost and
expense, during the entire term of this Agreement, a bond to the municipality
in the amount of $25,000. Such bond shall be to insure the faithful
performance of its obligations as provided in this franchise.
The rates of the Company for cable television service shall
be subject to regulation to the extent permitted by federal and state
law.
Cablevision 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 municipality 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.
In the event that the service of another multi-channel video
program provider not subject to the Township's regulatory authority
within the Township creates a significant competitive disadvantage
to Cablevision, the Company shall have the right to request from the
Township lawful amendments to its franchise that relieve it of burdens
which create 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 of modification of the consent
in accordance with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7.
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. 48A-47 and N.J.A.C. 14:17-6.7; provided,
however, the Township shall be under no obligation to support Cablevision's
request for such relief from the Board.
In any subsequent municipal consent, Township shall require,
at a minimum, the same terms and conditions of any other provider
of multi-channel 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
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 to relieve
the Company of competitive disadvantages identified in the Company's
petition.
Cablevision represents and acknowledges that as of the date
of its acceptance of this municipal consent, competition by any other
provider of multi-channel video programming subject to the Township's
regulatory authority within the Township has not yet risen to the
level of creating a significant competitive disadvantage sufficient
to enable the Company to seek relief under this section.
Upon expiration, termination or revocation of this Ordinance,
Cablevision 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 Cablevision, 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.
A.
Cablevision shall continue to make available non-commercial public,
educational and governmental (PEG) access services available to the
residents of the Township as described in the application for municipal
consent. All Cablevision support for PEG access shall be for the exclusive
benefit of Cablevision's subscribers.
B.
The Township agrees that Cablevision shall retain the right to use
the PEG access channel, or portion thereof, for non-PEG access programming,
during times when the Township is not utilizing the channel for purposes
of providing PEG access programming. In the event that the Company
uses said PEG access 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 channel for non-PEG programming shall
be subordinate to the Township's provision of PEG access programming
on such channel.
C.
At its discretion, Cablevision may provide training in the production
of programming for the Township, its public schools and residents,
subject to the requirements of the municipal consent application.
These training sessions may be conducted upon reasonable request of
the Township, its public schools and residents, provided, however,
each training session shall require a minimum of five participants.
All of the commitments contained in the application and any
amendment thereto submitted in writing to the Township by the Company
except as modification herein, are binding upon Cablevision as terms
and conditions of this consent. The application and any other written
amendments thereto submitted by Cablevision in connection with this
consent are incorporated in this Ordinance by reference made a part
hereof, except as specifically modified, changed, limited, or altered
by this Ordinance, or to the extent that they conflict with state
or federal law.
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.
If any section, subsection, sentence, clause, phrase, or portion
of this Ordinance is for any reason held invalid or unconstitutional
by any court of competent jurisdiction such portion shall be deemed
separate, distinct and independent provision, and such holding shall
not affect the validity of the remaining portion thereof.
Notices required under this Ordinance shall be in writing and
shall be mailed, first class, postage prepaid, to the addresses below.
Either party may change 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 Ordinance
shall run from receipt of such written notice.
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Notices to the Company shall be mailed to:
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Cablevision System Corporation
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111 Stewart Avenue
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Bethpage, NY 11714
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Attention: Vice President for Government/Public Affairs,
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New Jersey
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With a copy to:
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Cablevision of Warwick, LLC
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111 Stewart Avenue
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Bethpage, NY 11714
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Attention: Legal Department
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Notices to the Township shall be mailed to:
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Township of Montague
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277 Clove Road
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Montague, NJ 07827
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Attention: Township Administrator
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This Ordinance 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 Ordinance. Nothing herein shall alter the
right of the Company to seek modification of this Ordinance in accordance
with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7.
