[1]
Editor's Note: Prior ordinance history includes portions
of Ordinance Nos. 98-18 and 99-07.
[Ord. No. 09-26 Preamble]
On December 7, 1999, the Board of Public Utilities granted Cablevision
of New Jersey, LLC a Certificate of Approval for the construction,
operation and maintenance of a cable television system within the
Borough of Tenafly for a ten-year term.
On May 15, 2000, the Board of Public Utilities amended said
Certificate of Approval to clarify that the expiration date should
have been March 9, 2008, instead of March 9, 2009; and
On July 5, 2007, Cablevision of New Jersey submitted its municipal
consent application to the Borough of Tenafly for renewal of the cable
television franchise within the Borough of Tenafly.
On September 25, 2007, the Mayor and Council conducted a public
hearing to obtain citizen input on the past performance of the cable
operator and to identify future cable related needs of the community.
A representative of Cablevision of New Jersey attended the public
hearing at which time the Mayor and Council considered public comments,
statistics of Tenafly residents' complaints regarding cable service
covering the franchise period that were provided by the Board of Public
Utilities, survey results from the Borough's online cable television
survey that rated the cable operator's performance, input on
the future cable-related needs of the community, and an assessment
of the cable-related needs of the Tenafly Public Schools.
On October 3, 2007, the Borough advised Cablevision of New Jersey
of the proposed terms and conditions of a new franchise agreement
of the Borough proposed to incorporate into a municipal consent ordinance;
and
Via Resolution #R07-394, adopted by the Mayor and Council on
October 23, 2007, the Borough advised Cablevision of New Jersey of
its intent to renew the cablevision franchise and issue a municipal
consent ordinance subject to certain terms and conditions.
Borough officials met with a representative of Cablevision of
New Jersey on December 28, 2007 to discuss the Borough's proposed
terms and conditions.
Cablevision of New Jersey, LLC finally replied to the Borough's
written correspondence in a letter dated April 16, 2008 setting forth
the cable company's position regarding the proposed terms and
conditions on July 17, 2008 the Borough submitted its response to
the cable company's proposed terms and conditions.
Cablevision of New Jersey, LLC submitted its reply to the Borough's
proposed terms and conditions for renewal on October 28, 2008.
[Ord. No. 09-26 § 1]
The Borough of Tenafly hereby grants the Company its nonexclusive
consent 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, and fixtures necessary for
the maintenance and operation in the municipality of a cable television
system and cable communications system. Construction, pursuant to
said consent, is conditioned upon prior approval of the Board of Public
Utilities. The Borough of Tenafly reserves the right to adopt now
or in the future similar ordinances granting consent to one or more
companies according to law.
[Ord. No. 09-26 § 2]
For the purpose of this Article, the following terms, phrases,
words and their derivations shall have the meaning given herein.
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
Office of the Borough Clerk and is incorporated herein by reference
and made a part hereof, except as modified, changed, limited or altered
by this Article.
c.
BOARD – Shall mean the Board of Public Utilities of the State
of New Jersey or its successor agency.
d.
BOROUGH – Shall mean the Governing Body of the Borough of Tenafly,
County of Bergen in the State of New Jersey.
e.
COMPANY – Shall mean Cablevision of New Jersey, LLC ("Cablevision")
the grantee of rights under this Article.
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, U.S.C. Section 521 et seq. and the Telecommunications Act
of 1996, or those statutes as amended.
h.
FEDERAL REGULATIONS – Shall mean those Federal regulations
relating to cable television services, 47 C.F.R. Section 76 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 C.F.R. 76.3) or as such regulations may be amended.
i.
STANDARD INSTALLATION – Shall mean the installation or drop
cable to a customer's premise where the distance from the point
of entry into the building being served is less than 150 feet from
the active cable television system plan.
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. No. 09-26 § 3]
A public hearing concerning the consent herein granted to the
Company 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 Borough having received all comments regarding
the qualifications of the Company to receive this consent, the Borough
hereby finds 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.
[Ord. No. 09-26 § 4]
The consent herein granted shall expire 10 years from the date
of issuance of the Certificate of Approval issued by the Board of
Public Utilities.
[Ord. No. 09-26 § 5]
Upon request from the Borough, the Company shall report to the
Mayor and Borough Council at a public meeting, on an annual basis,
regarding changes, improvements, new procedures and service response.
[Ord. No. 09-26 § 6]
Cablevision of New Jersey, LLC shall pay to the Borough of Tenafly
an annual franchise fee in accordance with N.J.S.A. 48:5A-30.
[Ord. No. 09-26 § 7]
The cable system was completely rebuilt during the term of the
previous municipal consent.
[Ord. No. 09-26 § 8]
The consent granted herein to the Company shall apply to the
entirety of the Borough of Tenafly and any property hereafter annexed.
[Ord. No. 09-26 § 9]
The Company shall be required to proffer service along any public
right-of-way to any person's residence located in all areas of
the franchise territory described herein at tariffed rates for standard
and nonstandard installation. For commercial entities, any additional
extension of the system will be made in accordance with the Company's
commercial line extension policy.
[Ord. No. 09-26 § 10]
a.
Restoration. In the event that the Company or its agents shall disturb
any pavement, street surface, 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 said work.
b.
Relocation. If at any time during the period of this consent, the
Borough 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, re-lay and relocate its equipment, at the expense of
the Company. The Company shall temporarily move or remove appropriate
parts of its facilities to allow for the buildings, and machinery,
or in other similar circumstances. The expense shall be borne by the
party requesting such action, except when requested by the Borough,
in which case the Company shall bear the cost.
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 and
public places of the Borough 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 facilities. No trees shall be removed
without the prior consent of the Borough.
[Ord. No. 09-26 § 11]
During the term of this franchise, the Company shall maintain
a local business office for the purpose of receiving, investigating
and resolving all complaints regarding billing, quality of service,
equipment malfunctions and similar matters. The local office is currently
at 5 Legion Drive, Cresskill, NJ 07626. 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 with the exception of
holidays. The Company shall also maintain an adequate staffed 24-hour
customer service toll-free call center.
[Ord. No. 09-26 § 12]
The Officer of Cable Television is hereby designated as the
complaint officer for the Borough of Tenafly, 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.
[Ord. No. 09-26 § 13]
During the life of the franchise, the Company shall give a bond
to the Borough, which bond shall be 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 and incorporated
herein.
[Ord. No. 09-26 § 14]
The rates of the Company shall be subject to regulation as permitted
by Federal and State law, subject to applicable rate regulations.
The Company shall not alter its basic service without providing at
least 30 days' written notice to the Borough and subscribers,
and without obtaining approval, if necessary, from the Board of Public
Utilities.
[Ord. No. 09-26 § 15]
The Company will continue to provide one local origination channel
and one channel for public, education and government access programming.
In consideration for the rights granted in this Article, the
Company shall provide the Borough with a technology grant in the amount
of $21,400 for its use to purchase equipment to enhance public, educational
and governmental access. Cablevision agrees not to exercise its option
to pass through this cost to Tenafly subscribers directly as a line
item on customer bills. Cablevision shall provide an initial grant
payment in the amount of $7,000 within 60 days from the issuance of
the Certificate of Approval by the Board of Public Utilities. The
remaining grant in the amount of $14,400 shall be provided in annual
installments of $1,600 upon written request by the Borough (the "Annual
Grant"). The Annual Grant may be used by the Borough for any cable
and/or telecommunications related purpose as the Borough, in its discretion,
might deem appropriate. Cablevision shall not be obligated to make
any additional payments beyond year 10 of this franchise. The Annual
Grant shall be payable to the Borough within 60 days from receipt
of the Borough's written request. Notwithstanding the foregoing,
should Cablevision apply for a system-wide certification or otherwise
convert its municipal consent to a system-wide certification in accordance
with applicable law, it shall be relieved of any payment due and owing
after the date of such conversation or award of a system-wide franchise.
All PEG access support provided by Cablevision shall be for the exclusive
use of the Company's customers in the municipality.
[Ord. No. 09-26 § 16]
Upon request from the Borough, the Company shall provide the
standard installation of one outlet of basic cable television service
to each school within the Borough, the Tenafly Free Public Library,
the Tenafly Youth Center, the Tenafly Senior Center and the new Tenafly
Police Headquarters building free of charge.
Upon written request from the Borough, the Company shall provide
to State and locally accredited elementary and secondary schools and
municipal public libraries in the Borough, without charge, the following:
one standard installation per school or library; one cable modem per
installation; and basic cable service for the term of this Article
and 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.
[Ord. No. 09-26 § 17]
The Company voluntarily offers a discount for senior citizens
meeting the eligibility requirements pursuant to State's Pharmaceutical
Aid for the Aged and Disabled Program. In the event that Cablevision
shall be required to increase the franchise fee in accordance with
N.J.S.A. 48:5A-30(d), then at such time as the new fee is instituted,
Cablevision shall not longer be obligated to maintain or offer a senior
citizen discount plan in the Borough.
[Ord. No. 09-26 § 18]
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 by insurers licensed to do business
by the State of New Jersey or surplus line carriers on the New Jersey
Insurance Commissioner's approved list of companies qualified
to do business in the State of New Jersey naming the Borough of Tenafly
as an additional insured and insuring against loss by any such claim,
suit, judgment, execution or demand in the minimum amount of $3,000,000
for bodily injury or death to any one person, $1,000,000 for property
damage resulting from one accident, excess liability in the amount
of $10,000,000 over the bodily injury and property damage minimum
requirements.
All policies shall name the Borough of Tenafly and its officers,
officials, agents, and employees as additional insureds, and shall
indemnify and hold the Borough harmless from any and all liability,
claims, costs and attorney's fees arising out of the Company's
construction, operation and maintenance of a cable television system
within the Borough. Certificates of insurance for each insurance policy
required to be maintained by the Company shall be filed and maintained
with the Borough during the term of this consent.
[Ord. No. 09-26 § 19]
The Company shall have the right to have the capability to override
the audio portion of the system in order to permit the broadcasting
of emergency messages by the Borough. 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 Borough is unable
to make full use of the cable system as contemplated herein. The Borough
shall establish reasonable procedures for such emergency uses.
[Ord. No. 09-26 § 20]
Upon expiration, termination or revocation of this franchise,
and upon the direction and approval of the Board of Public Utilities,
the Company, at its sole cost and expense shall remove the cables
and appurtenant devices constructed or maintained within the Borough
in connection with the cable services authorized by this consent,
unless the Company, its affiliated entities or assignees should, within
six months after said expiration, termination or revocation obtain
certification from the Federal Communications Commission to operate
an Open Video System, or any other Federal or State Certification
to provide telecommunications services.
[Ord. No. 09-26 § 21]
In the event that service of another multi-channel video program
provider, other than a provider operating under a system-wide franchise,
creates a significant competitive disadvantage to Cablevision, the
Company shall have the right to request from the Borough lawful amendments
to its franchise that relive it of the burdens which create the unfair
competitive situation, pursuant to the provisions of N.J.S.A. 48:5A-47
and N.J.A.C. 14:17-6.7, approval by the Board of Public Utilities.
In the event that the terms of such amendments cannot be agreed upon,
Cablevision shall have the right to either continue under its current
franchise, or it may be relieved of its franchise upon converting
to a system-wide franchise.
[Ord. No. 09-26 § 22]
All of the commitments and statements contained in the application
and any amendment thereto submitted in writing to the Borough by the
Company except as modified herein, are binding upon the Company as
terms and conditions of this consent. The application and any other
relevant writings submitted by the Company shall be annexed hereto
and made a part hereof by reference as long as they do not conflict
with Federal or State law.
[Ord. No. 09-26 § 23]
In any section, subsection, sentence, clause, phrase or portion
of this Article 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.
[Ord. No. 09-26 § 24]
This municipal consent shall become effective as of the date
upon which the Board of Public Utilities issues a Certificate of Approval.
