[HISTORY: Adopted by the Township Committee of the Township of West Deptford 8-16-1979 by Ord. No. 79-18. Amendments noted where applicable.]
For the purpose of this ordinance, the following terms, phrases, words and their derivations shall have the meaning given herein. Such meaning or definition of terms is supplemental to those definitions of the Federal Communications Commission, FCC Rules and Regulations, § 76-5, 47 C.F.R. 420 (March 1972), as amended, and the Cable Television Act, N.J.S.A. 48:5A-1 et seq., and in no way shall be construed to broaden, alter or conflict with the federal or state definitions.
- ACT OR CABLE TELEVISION ACT
- Chapter 186 of the General Laws of New Jersey, 1972, N.J.S.A. 48:5A-1 et seq.
- The Board of Public Utilities.
- The grantee of rights under this ordinance and known as "Gloucester County CATV Associates," a limited partnership.
- The Township of West Deptford, in the County of Gloucester and State of New Jersey.
- The Office of Cable Television within the Department of Energy.
The municipality hereby grants to the company a nonexclusive franchise to place in, upon, along, across, above, over and under the highways, streets, alleys, sidewalks, public ways and public places in the municipality poles, wires, cables, underground conduits, manholes and other television conductors and fixtures necessary for the maintenance and operation in the municipality of a cable television system and cable communications system.
A public hearing concerning the franchise herein granted to the company was held after the proper required public notice pursuant to the terms and conditions of the Act. Said hearing having been held as above stated and said hearing having been fully open to the public and having received all of the information provided by all of the applicants, and the municipality having received at the hearing comments regarding the qualifications of the company to receive this franchise, the municipality hereby finds that the company possesses the necessary legal, technical, character, financial and other qualifications and that the company's operating and construction arrangements are adequate and feasible.
Term. The consent herein granted in § A203-2 shall expire 15 years from the effective date of this ordinance.
The consent herein granted shall be subject to renewal for a period of 10 years only after review of the performance of the company and the adequacy of the terms of the consent herein granted in a full public proceeding.
The company shall be required to petition the Board for a certificate of approval authorizing continued operating during the period following expiration of the consent granted herein until such time as a decision is made by the municipal governing body relative to the renewal of said contract. Such petition shall be filed at least 60 days prior to the expiration of the consent granted herein.
Pursuant to the terms and conditions of the Act, the company shall, during each year of operations under the consent granted herein, pay to the municipality 2% of the gross revenues from all recurring charges received by the company from subscribers to its cable television reception service in the municipality.
The consent herein granted to the company shall apply to the entirety of the municipality and any portions which may be hereinafter annexed thereto.
The company shall complete construction within one year of the date upon which it receives a certificate of approval from the Board and has filed a registration statement with the FCC. The construction shall commence within 90 days after receipt of said certificate of approval from the Board and the filing of said registration statement with the FCC. All applications shall be promptly filed with all of the required agencies, and proof of such applications shall be filed with the municipality from time to time to reflect the progress being made.
Restoration. In the event that the company or its agents shall disturb any pavement, street surfaces, sidewalks, driveways or other surfaces in the natural topography, the company shall, at its sole expense, restore and replace such places or things so disturbed in as good condition as existed prior to the commencement of such work.
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, at its own expense, remove, relay and relocate its equipment.
Temporary removal of cables. The company shall, upon request of the municipality and at the company's expense, temporarily raise, lower or remove its lines in order to facilitate the moving of buildings or machinery or in other like circumstances. Whenever the request for removal is made by private parties, the cost will be borne by those same parties.
Removal or trimming of trees. During the exercise of its rights and privileges upon this franchise, the company shall have the authority to trim trees upon and overhanging streets, alleys, sidewalks and public places of the municipality so as to prevent the branches of such trees from coming in contact with the wires and cables of the company. Such trimming shall be only to the extent necessary to maintain proper clearance for the company's wires and cables.
The company shall be required to proffer service to any person's residence or business located in the municipality in accordance with the proposal for the provision of services as described in the application. Any additional extension of the system which is necessary in the future but not contemplated in the application shall be made in accordance with the Board's line extension policy now or hereafter promulgated.
During the term of this franchise and any renewal thereof, the company shall maintain a local business office for the purpose of receiving, investigating and resolving all complaints regarding the quality of service, equipment malfunctions and similar matters. Such local business office shall be open during normal business hours, and in no event less than 9:00 a.m. to 5:00 p.m., Monday through Friday, except holidays.
The Office of Cable Television is hereby designated as the complaint officer for the Township of West Deptford pursuant to the provisions of N.J.S.A. 48:5A-26B. All complaints shall be received and processed in accordance with N.J.A.C. 14:17-7.1, as may be amended and supplemented from time to time.
The company shall post a bond, which shall remain in effect for the life of the franchise, in the amount of $25,000.
The municipality, having determined that the rates proposed in the application for cable television reception service are reasonable, hereby approves them as presented. The company has represented to the municipality that it shall not apply for an increase in said rates for two years from the date of construction completion within the municipality.
In the event that there shall be the passage of any law permitting preferred rates for senior citizens, such preferred rates shall be made available to the senior citizens of the municipality.
The company shall be required to have the capability to override at the head end the audio portion of the system in order to permit the broadcasting of emergency messages which may be required by the municipality.
In the event that the municipality determines that it is necessary and feasible for it to contract with the company for the purposes of providing interconnection services, the company shall be required to apply to the Board for approval to enter into and establish the terms and conditions of such contract. All costs for such application to the Board shall be borne by the municipality. Any such interconnection shall be done in accordance with prior FCC authorization and in accordance with Paragraph 22 of the Clarification of Rules, FCC 74384, 46 FCC 2d 175 (1974), and FCC Rules and Regulations, 5576, 252(a)(2) and 5576 252, 41 Fed. Reg. 20665 (June 30, 1976).
In the event that the municipality determines that it is necessary and feasible for it to contract with the company for the purpose of providing two-way service, and except to the extent state regulation is preempted by the Federal Communications Commission, the company shall be required to apply to the Board for approval to enter into and establish the terms and conditions of such contract.
All costs for such application shall be borne by the contractee. The municipality and the company acknowledge that state regulation of two-way cable television services has been preempted by the Federal Communications Commission, with the exception of state regulation of point-to-point intrastate nonvideo transmission.
In the event that the municipality determines that it is necessary and feasible for it to contract with the company for the purpose of providing other specialized services, then the company shall be required to apply to the Board and the FCC for approval to enter into and establish the terms and conditions of such contract. All costs for such application to the Board and the FCC shall be borne by the contractee.
The company agrees to maintain and keep in full force and effect, at its sole expense, at all times during the term of this consent, sufficient liability insurance naming the Township of West Deptford as an insured and insuring against loss by any such claim, suit, judgment, execution or demand in the minimum amounts of $150,000 per person for any one claim and $500,000 as to any accident or occurrence, and in the minimum amount of $100,000 for property damage as to any one accident or occurrence. There shall be no limit on the total number of accidents or occurrences set forth in the policy, which shall be filed with the Clerk of the municipality and shall be approved before filing by the Solicitor of the municipality.
All of the minutes taken in connection with this application, and all of the correspondence submitted in connection therewith, and all of the written commitments contained in the written application and all of the oral commitments made at the public hearing, except as modified herein, are to be considered to be binding upon the company as the terms and conditions of this consent, and that application shall be annexed hereto and made a part hereof by reference, provided that any provisions of the application in conflict with the provisions of the Cable Television Act, N.J.S.A. 48:5A-1 et seq., and/or FCC Rules and Regulations 5576.1 et seq. (1973), as amended and as clarified, FCC Clarification of Rules 37 Fed. Reg. 14288 through 14300 (April 1974), shall not be construed as effective under the terms of this grant, and such provisions in the application which exceed the FCC Rules and Regulations are considered unenforceable.
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court or federal or state agency of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof.
It is understood that should any state or federal agency or body modify, change or alter any of its provisions with respect to cable television generally, such modification, changes or alterations shall be incorporated into this consent consistent with the applicable dates specified in the change.
This municipal consent shall become effective as of the date upon which the municipality has received written notification that the company accepts the terms and conditions herein.