Editor's Note: Prior ordinance history includes portions
of Ordinance Nos. 535 and 842 and 1972 Code §§ A116-1
through A116-23.
[Ord. #929, § 1]
For the purpose of this Chapter the terms defined above shall
have the meanings there indicated, and the following additional terms
shall have the following meanings:
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.
Shall mean Cablevision’s application for Renewal of
Municipal Consent, which application is on file in the Borough Clerk’s
office and is incorporated herein by reference and made a part hereof,
except as modified, changed, limited or altered by this Chapter.
Shall mean the Board of Public Utilities of the State of
New Jersey or its successor agency.
Shall mean the governing body of the Borough of Brielle in
the County of Monmouth, and the State of New Jersey.
Shall mean Cablevision of Monmouth, Inc. (“Cablevision”)
the grantee or rights under this Chapter.
Shall mean the Federal Communications Commission.
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.
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.
Shall mean the State of New Jersey.
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. #929, § 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 Borough 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. #929, § 3]
The Borough hereby grants to Cablevision its nonexclusive 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 Borough of a cable television system,
and for the provisions of any communication service over the such
system as may be authorized by Federal or State regulatory agencies.
Operation and construction, pursuant to said consent, is conditioned
upon prior approval of the Board of Public Utilities.
[Ord. #929, § 4]
This consent granted herein shall be nonexclusive and shall
be for a term of 10 years from the date of issuance of a certificate
of approval by the Board.
[Ord. #929, § 6]
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. The Company shall
also petition the Board for approval authorizing continued operation
during the period following expiration of the consent granted herein,
and until such a time that a decision is made by the Borough and the
Board relative to the renewal of said consent.
[Ord. #929, § 7]
The consent granted under this Chapter to Cablevision shall
apply to the entirety of the Borough and any property hereafter annexed.
[Ord. #929, § 8]
Cablevision shall be required to proffer video programming service
along any public right-of-way to any person's residence within
the portion of the franchise territory, as described in the application
for municipal consent, at tariffed rates for standard and nonstandard
installation.
[Ord. #929, § 9]
Cablevision shall extend service along any public right-of-way
outside its primary service area to those residential areas within
the franchise territory which are located in areas that have a residential
density of 25 homes per mile or greater, or areas with 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 the attached Exhibit A.[1] Extension of service to commercial establishments will
be governed in accordance with the commercial line extension policy
as provided by the Company in its application for municipal consent.
[1]
Editor's Note: Exhibit A, referred to herein, may be
found on file in the office of the Borough Clerk.
[Ord. #929, § 10]
Pursuant to the terms and conditions of the Cable Television
Act, Cablevision shall pay to the Borough, 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 Borough. In the
event applicable law hereinafter permits a larger franchise fee to
be collected, but does not fix the amount thereof, the Borough and
Cablevision shall negotiate in good faith with respect to the amount
thereof.
[Ord. #929, § 11]
a.
Cablevision shall, upon written request, provide free of charge,
one standard installation and the basic monthly level of cable television
reception service to all State or locally accredited elementary and
secondary public schools and all municipal public libraries, as well
as municipal buildings located within the Borough as set forth in
Exhibit B to this Chapter.[1]
[1]
Editor's Note: Exhibit B, referred to herein, may be
found on file in the office of the Borough Clerk.
b.
Cablevision shall, upon written request, provide free of charge,
one high-speed cable modem and monthly Internet access service, including
a standard installation, to all State or locally accredited elementary
and secondary public schools and all municipal public libraries, as
well as one municipal building located within the Borough as designated
by the Borough. The Borough shall be permitted, at its designated
location, to network up to three additional personal computers to
the cable modem provided thereto by Cablevision.
[Ord. #929, § 12]
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 plant and facilities
in the Borough:
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 Borough 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 Borough, 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 Borough 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. #929, § 13]
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. #929, § 14]
a.
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. In addition, representatives of the Company
will provide telephone responses for service problems, 24 hours per
day, seven days per week.
b.
Notwithstanding anything contained in the application to the contrary,
Cablevision currently maintains its local office at 1501 18th Avenue,
Wall, New Jersey. In the event that the Company relocates this office
at any time during the period of this consent, it must provide notice
to the Borough in accordance with N.J.A.C. 14:18-5.1.
[Ord. #929, § 15]
The Office of Cable Television is hereby designated as the complaint
officer for the Borough 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. #929, § 16]
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 Borough as an additional insured and
insuring against loss by any such claim, suit, judgment, execution
or demand in the minimum amounts of: (1) $500,000 for bodily injury
or death to one person, (2) $500,000 for property damage resulting
from any one accident, (3) $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, (4) $5,000,000
umbrella excess liability, and (5) statutory workers' compensation.
[Ord. #929, § 17]
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. #929, § 18]
a.
The rates of the Company for cable television services 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 rate of the broadcast basic level of cable
television reception service to any person 62 years of age or older
who subscribes to the Company's cable television service, 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.
c.
To the extent required by applicable Federal and State law, bills
for service shall be itemized for the convenience of Cablevision subscribers.
[Ord. #929, § 19]
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 pursuant to State and Federal requirements.
The Company shall in no way be held liable for any injury suffered
by the Borough or any other person, during an emergency, if for any
reason the municipality is unable to make full use of the cable television
system as contemplated herein. The Borough shall utilize the state-approved
procedures for such emergency uses.
[Ord. #929, § 20]
In the event that another multi-channel video program provider's
service within the borough creates a significant competitive disadvantage
to Cablevision, the Company shall have the right to request from the
Borough 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 Borough 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 Borough 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 Borough shall be under no obligation to support Cablevision's
request for such relief from the Board.
Cablevision represents and acknowledges that as of the date
of its acceptance of this municipal consent, competition within the
Borough has not yet risen to the level of creating a significant competitive
disadvantage sufficient to enable the Company to seek relief under
this section.
[Ord. #929, § 21]
Upon expiration, termination or revocation of this Chapter,
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 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. #929, § 22]
a.
The Company shall continue to provide noncommercial public, educational
and governmental (PEG) access on a joint basis with other municipalities
in the region, and shall designate one channel on its system for PEG
access use. The Company shall be required to designate one additional
noncommercial PEG access channel, any time the existing designated
PEG access channel is in continuous use with the cablecasting of "locally
produced original PEG programming" during at least 75% of the time,
between the hours of 8:00 a.m. and 10:00 p.m., during any consecutive
12 week period during the term of this consent. If the usage ratio
of the second PEG channel should at any time fall below 50%, based
upon the formula described herein, use of the second designated PEG
access channel shall revert back to the company upon 60 days advance
written notice to the Borough. For purposes of this section, "locally
produced original PEG programming" shall mean programming produced
by the Borough and its Cablevision subscribers within the Borough,
and the governmental agencies, schools and/or school districts within
the Borough, but excluding programming consisting of character generated
message and/or repeat programming.
b.
The Borough 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 Borough 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 Borough's provision of PEG access programming
on such channel.
c.
The company agrees to follow any applicable statutory and/or regulatory
provisions prohibiting the transmission of obscene programming on
any of its PEG channels.
d.
Provided that PEG access channel use shall remain on a shared basis
with other municipalities in the region, the company shall continue
to be responsible for administering, interpreting and enforcing reasonable
rules for PEG access channel use, in accordance with applicable Federal
and State law.
e.
The Company shall continue to provide PEG access facilities as described
in its application for municipal consent. The Company further agrees
to provide training in the use of equipment and studio facilities
to the Borough and to qualified PEG access users within the Borough.
Such training shall be provided no more frequently than semi-annually,
upon the advanced written request of the Borough on a first come,
first served basis, and shall be free of charge.
f.
In consideration for the rights granted in this Chapter, the Company
shall provide the Borough with a one-time grant of $8,000, which may
be used by the Borough for any cable and/or other telecommunications
related purpose as the Borough, in its discretion, may deem appropriate.
[Ord. #929, § 23]
a.
Upon sixty-day notification by the Borough, the Company shall be
prepared to participate in a meeting or series of meetings evaluating
the performance of the Company under this Chapter. The timing of such
performance evaluation sessions shall be solely in the discretion
of the Borough; however, each such session shall not be initiated
sooner than one year after the close of a previously conducted performance
evaluation session. All performance evaluation meetings shall be open
to the public.
b.
Topics which may be discussed at any performance evaluation session
may include, but not be limited to, cable system performance, compliance
with this Chapter and applicable law, customer service and complaint
response, services provided, fees described in this Chapter, free
services, applications of new technologies, and judicial, Federal
or State filings pertaining to the operation of the cable system in
the Borough. Not less than 45 days prior to such performance evaluation
session, the Borough shall furnish to franchisee a list of the issues,
which it seeks to consider at such meeting.
c.
During review and evaluation, Company shall reasonably cooperate
with the Borough.
d.
Each performance evaluation session shall be deemed to have been
completed as of the date the Borough issues a final report on its
findings.
e.
In the event that the Borough shall determine, as a result of any
performance evaluation review session that the Company has not substantially
complied with all material obligations under this Chapter, the Borough
shall have the right to request that the Board take appropriate action,
provided, however, that the Borough shall first give the Company written
notice of all alleged instances of noncompliance and an opportunity
to cure same within 60 days.
[Ord. #929, § 24]
Cablevision agrees that the capabilities of the cable system
shall be maintained technologically current throughout the duration
of the franchise, as compared with other communities, of similar size,
served by Cablevision of Monmouth, Inc. from the same system, to the
extent economically reasonable and commercially practicable. Cablevision
further agrees that it will exercise reasonable efforts to deploy
the same or comparable cable services in the Borough, that are provided
to other similarly situated communities operated by Cablevision of
Monmouth, Inc., from the same system, on other than a trial or test
basis; provided, however, this obligation shall apply only to comparisons
with other communities where Cablevision has the same technical capabilities
to offer such cable services, including, but not limited to bandwidth
capacity, physical architecture, and network construction; and, further
provided that this requirement shall be subject to Cablevision's
reasonable right to consider the commercial practicality of providing
such cable service in the Borough, including its ability to obtain
a reasonable rate of return on investment over the remaining term
of the consent.
[Ord. #929, § 25]
All of the commitments contained in the application and any
amendment thereto submitted in writing to the Borough 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 Chapter by reference and made a part
hereof, except as specifically modified, change, limited, or altered
by this Chapter, or to the extent that they conflict with State or
Federal law.
[Ord. #929, § 26]
This consent shall be construed in a manner consistent with
all applicable Federal, State and local laws.
[Ord. #929, § 27]
If any section, subsection, sentence, clause, phrase, or portion
of this Chapter 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. #929, § 28]
This Chapter shall take effect upon issuance of a certificate
of approval as issued by the Board of Public Utilities.
