[HISTORY: Adopted by the Mayor and Council of the Borough
of Neptune City 4-26-1976 by Ord.
No. 76-3. Amended in its entirety 4-26-1993 by Ord. No. 1993-10. Amended in its entirety 9-22-2003 by Ord. No. 03-10. Further amendments noted where
applicable.]
The governing body of the Borough of Neptune City (hereinafter
referred to as the "borough") determined that Cablevision of Monmouth,
Inc., (hereinafter referred to as "the Company" or "Cablevision")
had the technical competence and general fitness to operate a cable
television system in the borough, and by prior ordinance granted its
municipal consent for Cablevision to obtain a nonexclusive franchise
for the placement of facilities and the establishment of a cable television
system in the borough.
By application for renewal consent filed with the borough and
the office of Cable Television on or about July 26, 2002, Cablevision
has sought a renewal of the franchise.
The borough having held public hearings has made due inquiry
to review Cablevision's performance under the franchise, and
to identify the borough's future cable-related needs and interests
and has concluded that Cablevision has substantially complied with
its obligations under the franchise and has committed to certain undertakings
responsive to the borough's future cable-related needs and interests.
The governing body of the borough has accordingly concluded
that the consent should be renewed subject to the requirements set
forth below; and that, provided Cablevision's proposal for renewal
complies with the requirements set forth below, the borough'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. 48:5A-1 et
seq.
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 Ordinance.
The Board of Public Utilities of the State of New Jersey
or its successor agency.
The governing body of the Borough of Neptune in the county
of Monmouth, and the State of New Jersey.
Cablevision of Monmouth, Inc. ("Cablevision") the grantee
of rights under this ordinance.
The Federal Communications Commission.
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.
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 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 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.
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 provision 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.
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.
If Cablevision seeks a renewal of the consent provided herein,
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.
The consent granted under this Ordinance to Cablevision shall
apply to the entirety of the borough 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 located
in the franchise territory at tariffed rates for standard and nonstandard
installation.
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.
Cablevision shall, upon request, provide free of charge, one
standard installation and monthly cable television reception service
to all state or locally accredited public elementary and secondary
schools and all municipal public libraries, as well as municipal buildings
located within the borough as set forth in Exhibit A[1] to this Ordinance.
The Company shall provide to the borough, free of charge, one
high-speed cable modem and monthly Internet access service, including
a standard installation, to the Neptune Borough Community Center located
at 117 Third Avenue, Neptune City Borough, NJ 07753. The borough shall
be permitted, at its own cost, to network up to three additional personal
computer terminals in the designated building (four computers in total)
to the cable modem provided by the Company.
Cablevision shall provide, upon request, free of charge, one
high-speed cable modem and monthly Internet access service, including
a standard installation, to each state accredited public and private
elementary and secondary school and the municipal public library within
the borough.
[1]
Editor's Note: Exhibit A, referred to herein, is included as an attachment to this chapter.
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,
as determined by the Borough's Engineer under the borough's
generally applicable laws, rules and regulations.
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.
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. 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.
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.
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 $500,000 for bodily injury or
death to one person, and $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 in form
acceptable 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.
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.
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 borough 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.
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.
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 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 noncommercial public,
educational and governmental (PEG) access as described in the application
for municipal consent.
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.
In consideration for the rights granted in this Ordinance, the Company
shall provide the borough with a one-time grant of $10,000, 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.
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 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.
This consent shall be construed in a manner consistent with
all applicable federal, state and local laws.
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.
This Ordinance shall take effect upon issuance of a certificate
of approval as issued by the Board of Public Utilities.
