Prior ordinance history: Ordinance Nos. 85-11, 2003-28,
2004-22 and 2012-010.
[Ord. #2013-005]
The Township of Bedminster hereby grants to Comcast of Central
New Jersey II, LLC renewal of its non-exclusive municipal consent
to place in, upon, across, above, over and under highways, streets,
alleys, sidewalks, easements, public ways and public places in the
township, poles, wires, cables, underground conduits, manholes and
other television conductors, fixtures, apparatus and equipment as
may be necessary for the construction, operation and maintenance in
the township of a cable television and communications system conditioned
upon approval of the New Jersey Board of Public Utilities.
[Ord. #2013-005]
For the purpose of this section, 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
of the Federal Communications Commission ("FCC") rules and regulations,
47 C.F.R. Subsection 76.1 et seq., and the Cable Communications Policy
Act, 47 U.S.C. Section 521 et seq., as amended, and the Cable Television
Act, N.J.S.A. 48:5A-1 et seq., and shall in no way be construed to
broaden, alter or conflict with the federal and state definitions:
a.
ACT OR CABLE TELEVISION ACT – Shall mean Chapter 186 of the
General Laws of New Jersey, and subsequent amendments thereto, N.J.S.A.
48:5A-1, et seq.
b.
APPLICATION – Shall mean the Company's Application for
Renewal of Municipal Consent.
c.
BASIC CABLE SERVICE – Shall mean any service tier, which includes
the retransmission of local television broadcast signals as defined
by the FCC.
d.
BOARD OR BPU – Shall mean the Board of Public Utilities, State
of New Jersey.
e.
COMPANY – Shall mean the grantee of rights under this section
and is known as Comcast of Central New Jersey II, LLC.
f.
FCC – Shall mean the Federal Communications Commission.
g.
OFFICE OR OCTV – Shall mean the Office of Cable Television
of the Board.
h.
PRIMARY SERVICE AREA OR PSA – Consists of the area of the municipality
currently served with existing plant as set forth in the map annexed
to the Company's Application for Municipal Consent.
i.
TOWN OR MUNICIPALITY – Shall mean the Township of Bedminster,
County of Somerset, State of New Jersey.
[Ord. #2013-005]
Public hearings conducted by the municipality, concerning the
renewal of Municipal Consent herein granted to the Company were held
after proper public notice pursuant to the terms and conditions of
the Act and the regulations of the Board adopted pursuant thereto.
Said hearings, having been fully open to the public, and the municipality,
having received at said public hearings all comments regarding the
qualifications of the Company to receive this renewal of Municipal
Consent, hereby finds that the Company possesses the necessary legal,
technical, character, financial and other qualifications to continue
to operate a cable television system within the municipality; and
that the Company's operating and construction arrangements are
adequate and feasible.
[Ord. #2013-005]
a.
The non-exclusive Municipal Consent granted herein shall expire 15
years from the date of expiration of the previous Certificate of Approval
issued by the Board, which term shall be automatically renewed for
an additional 10 years as provided by N.J.S.A. 48:5A-19 and 25, and
N.J.A.C. 14:18-13.6.
b.
In the event that the municipality shall find that the Company has
not substantially complied with the material terms and conditions
of this Ordinance, the municipality shall have the right to petition
the OCTV, pursuant to N.J.S.A. 48:5A-47, for appropriate action, including
modification and/or termination of the Certificate of Approval; provided
however, that the municipality shall first have given the Company
written notice of all alleged instances of noncompliance and an opportunity
to cure same within 90 days of that notification.
[Ord. #2013-005]
Pursuant to the terms and conditions of the Act, the Company
shall, during each year of operation under the consent granted herein,
pay to the municipality 2% of the gross revenues from all recurring
charges in the nature of subscription fees paid by subscribers for
cable television reception service in the municipality or any higher
amount required by the Act or otherwise allowable by law, whichever
is greater.
[Ord. #2013-005]
The consent granted under this Ordinance to the renewal of the
franchise shall apply to the area of the municipality as set forth
in the system map annexed to the application and the plant extensions
contemplated herein.
[Ord. #2013-005]
The Company shall be required to proffer service to any residence
or business along any public right-of-way in the Primary Service Area,
as set forth in the Company's Application. The Company's
Line Extension Policy, as set forth in the Company's Application,
shall govern any extension of plant beyond the Primary Service Area.
For purposes of the Line Extension Policy, the minimum density shall
be 25 homes-per-mile (25 HPM).
[Ord. #2013-005]
a.
Restoration. In the event that the Company or its agents shall disturb
any pavement, street surfaces, sidewalks, driveways, or other surface
in the natural topography, the Company shall, at its sole expense,
restore and replace such places or things so disturbed in as good
a condition as existed prior to the commencement of said work.
b.
Relocation. If at any time during the period of this consent, the
municipality shall alter or change the grade of any street, alley
or other way or place the Company, upon reasonable notice by the municipality,
shall remove, re-lay or relocate its equipment, at the expense of
the Company.
c.
Removal or Trimming of Trees. During the exercise of its rights and
privileges under this franchise, the Company shall have the authority
to trim trees upon and overhanging streets, alleys, sidewalks or other
public places of the municipality so as to prevent the branches of
such trees from coming in contact with the wires and cable of the
Company. Such trimming shall be only to the extent necessary to maintain
proper clearance of the Company's wire and cables.
[Ord. #2013-005]
The Company will construct and install all upgrades in full
conformance with the requirements of N.J.A.C. 14:18-2.1 and will hold
the municipality harmless from any liability arising out of the construction
or operation of the cable television system in accordance with N.J.S.A.
48:5A-28(e).
[Ord. #2013-005]
In providing services to its customers, the Company shall comply
with N.J.A.C. 14:18-1, et seq. and all applicable state and federal
statutes and regulations. The Company shall strive to meet or exceed
all voluntary company and industry standards in the delivery of customer
service and shall be prepared to report on it to the municipality
upon written request of the municipal administrator or clerk.
a.
The Company shall continue to comply fully with all applicable state
and federal statutes and regulations regarding credit for outages,
the reporting of same to regulatory agencies and notification of same
to customers.
b.
The Company shall continue to fully comply with all applicable state
and federal statutes and regulations regarding the availability of
devices for the hearing impaired and the notification of same to customers.
c.
The Company shall use every reasonable effort to meet or exceed voluntary
standards for telephone accessibility developed by the National Cable
Television Association (NCTA).
d.
Nothing herein shall impair the right of any subscriber or the municipality
to express any comment with respect to telephone accessibility to
the complaint officer, or impair the right of the complaint officer
to take any action that is permitted under law.
[Ord. #2013-005]
The Office of Cable Television is hereby designed as the Complaint
Officer for the municipality pursuant to N.J.S.A. 48:5A-26(b). All
complaints shall be received and processed in accordance with N.J.A.C.
14:17-6.5. The municipality shall have the right to request copies
of records and reports pertaining to complaints by municipality customers
from the OCTV.
[Ord. #2013-005]
During the term of this franchise, and any renewal thereof,
the Company shall maintain a business office or agent in accordance
with N.J.A.C. 14:18-5.1 for the purpose of receiving, investigating
and resolving all local complaints regarding the quality of service,
equipment malfunctions, and similar matters. Such a business office
shall have a publicly listed toll-free telephone number and E-mail
account, and be open during standard business hours, but in no event
(excepting emergent circumstances) less than 9:00 A.M. to 5:00 P.M.,
Monday through Friday.
[Ord. #2013-005]
a.
During the life of the franchise the Company shall give to the municipality
a bond 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 for municipal consent incorporated herein.
b.
In addition to the bond, the Company specifically agrees that it
will respond, either directly or through a subcontractor, within 48
hours of a written complaint from the municipality that a road repair
or restoration is necessary. In the event that the Company fails to
respond timely and make the necessary repair or restoration, the municipality
may, in its discretion, consider such failure a breach of this section
and the Company's certificate of authority, and may recommend
to the Board that the Board take action against the Company, including,
but not limited to, ordering the repair or restoration, fines and
such other action as the Board deems appropriate.
[Ord. #2013-005]
The rates of the Company shall be subject to regulation as permitted
by federal and state law.
[Ord. #2013-005]
a.
The Company shall continue to provide a system-wide public access
channel maintained by the Company. Qualified individuals and organizations
may utilize public access for the purpose of cablecasting noncommercial
access programming in conformance with the Company's published
public access rules.
b.
The Company shall continue to provide a system-wide leased access
channel maintained by the Company for the purpose of cablecasting
commercial access programming in conformance with the Company's
guideline and applicable state and federal statutes and regulations.
c.
The Company shall continue to provide two local access channels and
existing return lines maintained by the Company for the purpose of
cablecasting noncommercial access programming in conformance with
the Company's guideline and applicable state and federal statutes
and regulations. The second access channel will be known as the government
access channel, which can be utilized to televise meetings of the
various public bodies of the municipality. All local access channels
shall become digital channels in concurrence with the system's
channel line-up converting to digital cable format.
d.
The Company shall take any steps that are necessary to ensure that
the signals originated on the access channels are carried without
material degradation, and with a signal whose quality is equal to
that of the other standard channels that the Company transmits.
[Ord. #2013-005]
a.
The Company shall provide standard installation and basic cable television
service on one outlet at no cost to each school in the municipality,
public and private, elementary, intermediate and secondary, provided
the school is within two hundred (200') feet of active cable
distribution plant. Each additional outlet installed, if any, shall
be paid for on a materials and equipment, plus labor basis by the
school requesting service. Monthly service charges shall be waived
on all additional outlets.
b.
The Company shall provide standard installation and basic cable television
service at no cost on one outlet to each municipal facility, including
the Municipal Building, police department, fire department, and emergency
management facility and the public library in the municipality provided
the facility is located within two hundred (200') feet of active
cable distribution plant. Each additional outlet installed, if any,
shall be paid for on a materials and equipment plus labor basis by
the municipality. Monthly service charges shall be waived on all additional
outlets.
c.
The Company shall provide, free of charge, one non-networked internet
connection via cable modem and monthly internet service to each school
in the municipality, public and private, elementary, intermediate
and secondary. The Internet service provided for herein must be available
to student and patron use and cannot be limited to administrative
uses. The Company shall also continue to provide free of charge one
non-networked internet connection via cable modem in the municipal
building, police department, Firehouse and public works department,
and the public library.
d.
The Company shall be required to complete plant build-outs to provide
service to three areas of the township that are identified on the
system maps submitted as "Exhibit A," "Exhibit B," and "Exhibit C"
as part of this Ordinance. The build-out areas are referred to as
Node BD 13, Node BD 14 and Node BD 12, on the system maps and constitute
the entirety of the plant build-outs contemplated under this Ordinance.
The schedule of construction in the two areas shall be as follows:
The first designated plant build-out "Exhibit A, Node BD 13" shall
be completed within one year of the issuance of the renewal certificate
of approval for this franchise renewal. The second and third designated
plant build-outs "Exhibit B, Node BD 14" and "Exhibit C, Node BD 12"
shall be completed within one year after the completion of the first
build-out area.[1]
[1]
The exhibits referred to herein may be found on file in the
township offices.
[Ord. #2013-005]
The Company will comply with the Emergency Alert System ("EAS")
rules in accordance with applicable state and federal statutes and
regulations. The Company shall in no way be held liable for any injury
suffered by the municipality 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.
[Ord. #2013-005]
The Company shall at all times maintain a comprehensive general
liability insurance policy with a single limit amount of one million
($1,000,000.00) dollars covering liability for any death, personal
injury, property damages or other liability arising out of its construction
and operation of the cable television system, and an excess liability
(or "umbrella") policy in the amount of five million ($5,000,000.00)
dollars.
[Ord. #2013-005]
Upon issuance of a final, nonappealable order of an appropriate
agency or court of competent jurisdiction declaring the expiration,
termination or revocation of the Company's certificate of approval,
the Company, at its sole cost and expense, and upon the direction
of the municipality, shall remove the cables and appurtenant devices
constructed or maintained in connection with the services authorized
herein, unless the Company, its affiliated entities or assignees should,
within six months after such expiration, termination or revocation
obtain certification from the FCC to operate a cable television system.
[Ord. #2013-005]
The Company shall make available representatives to meet upon
the request of the municipality upon 30 days written notice for the
purpose of reviewing the Company's performance. The Company's
representative shall respond to the reasonable requests for information
made by the municipality prior to or at such meeting.
[Ord. #2013-005]
All of the statements and commitments contained in the Application
or annexed thereto and incorporated therein, and any amendment thereto,
except as modified herein, are binding upon the Company as terms and
conditions of this consent. The Application and other relevant writings
submitted by the Company are annexed hereto by reference and made
a part hereof provided same do not conflict with applicable state
or federal law.
[Ord. #2013-005]
Should the municipality grant a franchise to construct, operate
and maintain a cable television system to any other person, corporation
or entity on terms materially less burdensome or more favorable than
the terms contained herein, the Company may substitute such language
that is more favorable or less burdensome for the comparable provision
of this Ordinance subject to the provisions of N.J.A.C. 14:17-6.7.
[Ord. #2013-005]
In consideration for the rights granted by this section, the
Company shall provide the municipality, within six months of the issuance
of the renewal Certificate of Approval by the Board, a one-time grant
in the amount of $5,000, which shall be used by the municipality,
at its discretion, for any cable or telecommunications related purpose
that it deems appropriate.
[Ord. #2013-005]
The Communications Act of 1934, as amended [47 U.S.C. § 543(b)],
allows the Company to itemize and/or identify: (1) the amount on the
subscriber bill assessed as a franchise fee and the identity of the
governmental authority to which the fee is paid; (2) the amount on
the bill assessed to satisfy any requirements imposed on the Company
by the cable franchise to support public, educational, and/or governmental
access channels or the use of such channels; and (3) any grants or
other fees on the bill or any tax, assessment, or charge of any kind
imposed by any governmental authority on the transaction between the
operator and the subscriber. The Company reserves these external cost
pass-through rights to the extent permitted by law.
[Ord. #2013-005]
If any section, subsection, sentence, clause, phrase or portion
of this Ordinance is for any reason held invalid or unconstitutional
by any court or federal or state agency of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent
provision, and its validity or unconstitutionality shall not affect
the validity of the remaining portions of the Ordinance.
[Ord. #2013-005]
Nothing in this franchise or in any prior agreement is or was
intended to confer third-party beneficiary status on any member of
the public to enforce the terms of such agreements or franchise.
[Ord. #2013-005]
This Ordinance shall take effect immediately upon issuance of
a Renewal Certificate of Approval from the Board.
[Ord. #2013-015, S 1]
For the purpose of this Ordinance the terms defined shall have
the meanings there indicated:
a.
ACT OR CABLE TELEVISION – ACT Shall mean that statute of the
State of New Jersey relating to cable television, known as the Cable
Television Act, N.J.S.A. 48:5A-1 et seq.
b.
APPLICATION – Shall mean 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.
c.
BOARD – Shall mean the Board of Public Utilities of the State
of New Jersey or its successor agency.
d.
TOWNSHIP – Shall mean the governing body of the Township of
Bedminster in the County of Somerset, and the State of New Jersey.
e.
COMPANY – Shall mean CC TKR, LLC d/b/a Cablevision of Raritan
Valley ("Cablevision") the grantee of rights under this Ordinance.
f.
FCC – Shall mean the Federal Communications Commission.
g.
FEDERAL ACT – Shall mean that 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.
h.
FEDERAL REGULATIONS – Shall mean 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.
i.
STANDARD INSTALLATION – Shall mean the installation of drop
cable to a customer's premises where the distance from the point
of entry into the building being served is less than one hundred fifty
(150') feet from the active cable television system plant.
j.
STATE – Shall mean the State of New Jersey.
k.
STATE REGULATIONS – Shall mean 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.
[Ord. #2013-015, S 2]
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 to 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.
[Ord. #2013-015, S 3]
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.
[Ord. #2013-015, S 4]
This consent granted herein shall be non-exclusive and shall
be for a term of 15 years from the date of issuance of a Certificate
of Approval by the Board.
[Ord. #2013-015 S 5]
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-16, and
applicable state and federal rules and regulations. 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.
[Ord. #2013-015, S 6]
The consent granted under this Ordinance to Cablevision shall
apply to the franchise territory within the township as described
in the Application and appears on the map therein.
[Ord. #2013-015, S 7]
Cablevision shall be required to proffer video programming service
along any public right-of-way to any person's residence the franchise
territory at Cablevision's schedule of rates for standard and
nonstandard installation.
[Ord. #2013-015, S 8]
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 the nature of subscription fees paid by 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.
[Ord. #2013-015, S 9]
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 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 the authority to trim trees upon and overhanging
streets, alleys, sidewalks and public places of the township so as
to prevent the branches of such trees from coming in contact with
the wires, cables, conduits and fixtures of the Company. Such trimming
shall be only to the extent necessary to maintain proper clearance
for the Company's facilities.
[Ord. #2013, S 10]
Cablevision shall comply with the technical and customer service
standards established for the cable industry under applicable federal
and state laws, rules and regulations.
[Ord. 2013-015, S 11]
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. Said
office shall be open daily during normal business hours, and in no
event less than 9:00 a.m. to 5:00 p.m., Monday through Friday, with
the exception of holidays.
[Ord. #2013-015, S 12]
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.
[Ord. #2013-015, S 13]
Cablevision agrees to maintain and keep in force and effect
at its sole cost at all times during the term of this consent, sufficient
liability insurance naming the township as an additional insured and
insuring against loss by any such claim, suit, judgment, execution
or demand in the minimum amounts of $500,000 for bodily injury or
death to one person, and one million ($1,000,000.00) dollars 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.
[Ord. #2013-015, S 14]
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.
[Ord. #2013-015, S 15]
a.
The rates of the Company for cable television service shall be subject
to regulation to the extent permitted by federal and state law.
b.
Cablevision shall implement a senior citizen discount in the amount
of 10% off the monthly broadcast basic level of cable television service
rate to any person 62 years of age or older, who subscribes to cable
television services provided by the Company, subject to the following:
1.
Such discount shall only be available to eligible senior citizens
who do not share the subscription with more than one person in the
same household who is less than 62 years of age; and,
2.
In accordance with N.J.S.A. 48:5A-11.2, subscribers seeking eligibility
for the discount must meet the income and residence requirements of
the Pharmaceutical Assistance to the Aged and Disabled program pursuant
to N.J.S.A. 30:4D-21; and,
3.
The senior discount herein relates only to the broadcast basic level
of cable television service, and shall not apply to any additional
service, feature, or equipment offered by the Company, including any
premium channel services and pay-per-view services; and,
4.
Senior citizens who subscribe to a level of cable television service
beyond expanded basic service, including any premium or per channel
a la carte service, shall not be eligible for the discount; and,
(a)
The Company shall have no further obligation to provide the
senior discount herein in the event that (a) the Company converts
the municipal consent granted herein to a system-wide franchise in
accordance with N.J.S.A. 48:5A-25.1; or (b) upon Board approval of
a certification that another cable television service provider offering
services to residents of the township files, in accordance with N.J.S.A.
48:5A-30(d), is capable of serving 60% or more of the households within
the township. In the event the Company does cease providing a senior
discount pursuant to this provision, it shall comply with all notice
requirements of applicable law.
[Ord. #2013-015, S 16]
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.
[Ord. #2013-015]
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 the unfair competitive situation. Should the Company
seek such amendments to its franchise, the parties agree to negotiate
in good-faith appropriate changes to the franchise in order to relieve
the Company of such competitive disadvantages. If the parties can
reach an agreement on such terms, the township agrees to support the
Company's petition to the Board for modification of the consent
in accordance with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7.
If the parties are unable to reach an agreement on appropriate
amendments to the franchise, the township acknowledges that the Company
shall have the right to petition the Board directly for such amendments
in accordance with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7; provided,
however, the township shall be under no obligation to support Cablevision's
request for such relief from the Board.
In any subsequent municipal consent, the 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, the township agrees to support
the Company's petition to the Board for modification of the consent
in accordance with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7 to relieve
the Company of competitive disadvantages identified in the Company's
petition.
[Ord. #2013-015, S 18]
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.
[Ord. #2013-015, S 19]
a.
Cablevision shall continue to make available noncommercial 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 under this subsection 16-2.19 shall be for the exclusive benefit of Cablevision's subscribers within the township.
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.
Cablevision shall have discretion to determine the format and method of transmission of the PEG access programming provided for in this subsection 16-2.19.
d.
Cablevision shall continue to provide and maintain the access return line at 3 Hills Drive, Bedminster, New Jersey, 07921, for use by the township in the production of noncommercial public, educational and governmental access programming on the cable system. Cablevision shall have discretion to determine the format and method of transmission of the PEG access programming provided for in this subsection 16-2.19.
e.
Subject to paragraph a of this subsection 16-2.19, Cablevision shall provide the township with a grant for any technology, cable and/or telecommunications related purposes of the township in a total amount of $30,000, which is to be paid as follows: (1) an initial grant payment of $15,000 within 60 days of the issuance of the Certificate of Approval by the Board of Public Utilities; (2) a grant of $10,000 provided upon written request by the township at any time during the second year of the term of this Ordinance; (3) and a grant of $5,000 upon written request at any time during the third year of this Ordinance. Each installment of the grant shall be payable to the township within 90 days from receipt of the township's written request. Cablevision shall not be obligated to make any additional payments beyond year three of the franchise term.
f.
The Company shall have no further obligation to provide any PEG grant
payments due and payable after the date upon which the Company converts
the municipal consent granted herein to a system-wide franchise in
accordance with N.J.S.A. 48:5A-25.1.
[Ord. #2013-015, S 20]
All of the commitments contained in the Application and any
amendment thereto submitted in writing to the township by the Company
except as modified herein, are binding upon 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 and 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.
[Ord. #2013-015, S 21]
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.
[Ord. #2013-015, S 22]
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
a separate, distinct and independent provision, and such holding shall
not affect the validity of the remaining portion thereof.
[Ord. #2013-015, S 23]
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 the place where notice is to be given by providing
such change in writing at least 30 days prior to the time such change
becomes effective. The time to respond to notices under this 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 Systems Corporation
111 Stewart Avenue
Bethpage, NY 11714
Attention: Vice President for Government/Public Affairs, New
Jersey
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With a copy to:
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Cablevision of Raritan Valley
1111 Stewart Avenue
Bethpage, NY 11714
Attention: Legal Department
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Notices to the Township shall be mailed to:
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Township of Bedminster
One Miller Lane
Bedminster, New Jersey 07921
Attention: Township Administrator
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[Ord. #2013-015, S 24]
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.
