[Ord. No. 05-2022 adopted a consent agreement with CSC TKR, LLC. Prior history
includes Ord. No. 1-10.]
[Added 10-12-2022 by Ord.
No. 05-2022]
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:
ACT or CABLE TELEVISION ACT
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.
APPLICATION
The Company'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.
BOARD
The Board of Public Utilities of the State of New Jersey
or its successor agency.
BOROUGH
The governing body of the Borough of Ogdensburg in the County
of Sussex, and the State of New Jersey.
COMPANY
CSC TKR, LLC, the grantee of rights under this chapter.
FCC
The Federal Communications Commission.
FEDERAL ACT
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.
FEDERAL REGULATIONS
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.
MUNICIPALITY
The area contained within the present municipal boundaries
of the Borough of Ogdensburg in the County of Sussex, and the State
of New Jersey.
STANDARD INSTALLATION
The installation of 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
plant.
STATE
The State of New Jersey.
STATE REGULATIONS
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.
[Added 10-12-2022 by Ord.
No. 05-2022]
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 to support municipal
consent, and that the Company's operating and construction arrangements
are adequate and feasible.
[Added 10-12-2022 by Ord.
No. 05-2022]
The Borough hereby grants to the Company 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 Municipality 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.
[Added 10-12-2022 by Ord.
No. 05-2022]
This consent granted herein shall be non-exclusive and shall
be for a term of 10 years from the date of issuance of a Certificate
of Approval by the Board.
[Added 10-12-2022 by Ord.
No. 05-2022]
If the Company 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 Borough and the Company shall be
bound by the terms of this municipal consent until such time as the
Company converts the municipal consent (and any certificate of approval)
into a system-wide franchise.
[Added 10-12-2022 by Ord.
No. 05-2022]
The consent granted under this chapter to the Company shall
apply to the entirety of the Municipality and any property hereafter
annexed.
[Added 10-12-2022 by Ord.
No. 05-2022]
The Company shall be required to proffer video programming service
along any public right-of-way to any person's residence within
the "primary service area," as it exists on the effective date of
any written approval order by the Board of this consent, at the Company's
schedule of rates for standard and nonstandard installation.
[Added 10-12-2022 by Ord.
No. 05-2022]
Pursuant to the requirements of the Board, as ordered in its
approval of the transfer of the Franchise from SECTV to the Company
(Docket No. CM20030211, effective July 6, 2020), upon request, the
Company shall extend service along any public right of way outside
its primary service area to those residences or small businesses within
the franchise territory which are located in areas that have a residential
home density of 25 homes per mile or greater (as measured from the
then existing primary service area), or areas with less than 25 homes
per mile where residents and/or small businesses agree to share the
cost of such extension in accordance with the line extension formula
as provided by the Company in its application for municipal consent.
[Added 10-12-2022 by Ord.
No. 05-2022]
Pursuant to the terms and conditions of the Cable Television
Act, the Company 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 Municipality. In
the event applicable law hereinafter permits a larger franchise fee
to be collected, but does not fix the amount thereof, the Borough
and the Company shall negotiate in good faith with respect to the
amount thereof; provided, however, that nothing herein shall be construed
to permit the Borough to require payment of a franchise fee by the
Company that is higher than the fee paid by all other cable television
service providers offering service in the Municipality.
The Company may use electronic funds transfer to make any payments
to the Borough required under this chapter.
[Added 10-12-2022 by Ord.
No. 05-2022]
Subject to applicable FCC regulations, the Company shall, upon
written request, provide free of charge, standard installation and
monthly cable television reception service to all State and locally
accredited public schools, and all municipal public libraries, as
well as municipal buildings located within the Municipality, as follows:
2 cable connections
|
Ogdensburg Municipal Building
|
1 cable connection
|
Ogdensburg Fire Department
|
1 cable connection
|
Ogdensburg First Aid Squad Building
|
1 cable connection
|
Ogdensburg Department of Public Works Garage
|
1 cable connection
|
Ogdensburg Recycling Center
|
2 cable connections
|
Ogdensburg Elementary School
|
[Added 10-12-2022 by Ord.
No. 05-2022]
The Company 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 Municipality:
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 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 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.
[Added 10-12-2022 by Ord.
No. 05-2022]
The Company shall comply with the technical and customer service
standards established for the cable industry under applicable federal
and State laws, rules and regulations.
[Added 10-12-2022 by Ord.
No. 05-2022]
The Company 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.
[Added 10-12-2022 by Ord.
No. 05-2022]
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.
[Added 10-12-2022 by Ord.
No. 05-2022]
The Company agrees to hold the Borough harmless from any liability
arising out of the Company's operation and construction of its
cable television systems.
[Added 10-12-2022 by Ord.
No. 05-2022]
The Company shall at all times maintain a comprehensive general
liability insurance policy, at its sole cost and expense, with a single
limit amount of one million dollars ($1,000,000) covering liability
for any death, personal injury, property damages, or other liability
arising out of or related to the Company's construction, operation,
and maintenance of the cable television system, and an excess liability
(or "umbrella") policy in the amount of five million dollars ($5,000,000).
The Borough shall be named as an additional insured. The Company shall
submit original certificates and a copy of all applicable endorsements,
including but not limited to the additional insured endorsement, evidencing
the insurance requirements before commencement of any work.
[Added 10-12-2022 by Ord.
No. 05-2022]
The Company shall obtain and maintain, at its sole cost and
expense, during the entire term of this Agreement, a bond to the Borough
in the amount of $25,000. Such bond shall be to insure the faithful
performance of its obligations as provided in this Franchise.
[Added 10-12-2022 by Ord.
No. 05-2022]
The rates of the Company for cable television service shall
be subject to regulation to the extent permitted by federal and State
law.
[Added 10-12-2022 by Ord.
No. 05-2022]
The Company 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 Borough 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.
[Added 10-12-2022 by Ord.
No. 05-2022]
In the event that the service of another multi-channel video
program provider not subject to the Borough's regulatory authority
within the Municipality creates a significant competitive disadvantage
to the Company, 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 the Company's
request for such relief from the Board.
In any subsequent municipal consent, Borough shall require,
at a minimum, the same terms and conditions of any other provider
of multi-channel video programming subject to the Borough'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, 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 to relieve the Company
of competitive disadvantages identified in the Company's petition.
[Added 10-12-2022 by Ord.
No. 05-2022]
Upon expiration, termination or revocation of this chapter,
the Company 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 the Company, 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.
[Added 10-12-2022 by Ord.
No. 05-2022]
a. The Company shall continue to make available non-commercial public,
educational and governmental (PEG) access services available to the
residents of the Municipality as described in the Application for
municipal consent. All the Company support for PEG access shall be
for the exclusive benefit of the Company's subscribers.
b. Subject to applicable state and federal law and regulation, Company
agrees to make available to the Borough one channel for educational
access and one channel for local access which may be shared with commercial
leased access at the Company's discretion.
c. The Borough agrees that Company shall retain the right to use the
PEG channel, or a portion thereof, for non-PEG access programming,
during times when the Borough is not utilizing the PEG channel for
purposes of providing access programming. In the event that the Company
uses the PEG 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 the PEG channel.
d. The Company shall have the discretion to determine the format, channel assignment and method of transmission of the PEG access programming provided for in this Section
19-21.
[Added 10-12-2022 by Ord.
No. 05-2022]
a. The Company has agreed to implement a senior citizen's discount
in the amount of 10% off the monthly basic service rate to any person
62 years of age or older who subscribes to cable services and does
not share the subscription with more than one person in the same household
who is less than 62 years of age. Such subscribers must meet the income
and residence requirements of the Pharmaceutical Assistance to Aged
and Disabled ("PAAD") pursuant to N.J.S.A. 30:4D-21. The Company has
agreed to apply the same discount rate to the disabled with the same
PAAD eligibility requirements.
b. 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 Municipality files, in accordance with N.J.S.A. 48:5A-30(d),
is capable of serving 60% or more of the households within the Municipality.
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.
[Added 10-12-2022 by Ord.
No. 05-2022]
a. Each employee of the Company who routinely comes into contact with
members of the public at their places of residence must wear a picture
identification card clearly indicating his or her employment with
the Company. The photograph on the identification card shall prominently
show the employee's name and/or identification number. Such employee
shall prominently display such identification card and shall show
it to all such members of the public. Each employee of any contractor
or subcontractor of the Company who routinely comes into contact with
members of the public at their places of residence must wear a picture
identification card clearly indicating his or her name, the name of
such contractor or subcontractor and the name of the Company.
b. Notwithstanding any other provision of law regulating door-to-door solicitation or other sales activities undertaken on public or private property within the Municipality, including any licensing or permit obligations required for such activities, the obligations set forth in this Section
19-21 of this chapter shall be the sole conditions governing the authorization and identification required for the entrance onto public or private property imposed upon Company or its employees, agents, contractors or subcontractors for the purpose of selling, marketing or promoting services offered by the Company to residents of the Municipality.
[Added 10-12-2022 by Ord.
No. 05-2022]
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 the Company as terms and
conditions of this consent. The Application and any other written
amendments thereto submitted by the Company in connection with this
consent are incorporated in this chapter by reference and made a part
hereof, except as specifically modified, changed, limited, or altered
by this chapter, or to the extent that they conflict with State or
federal law.
[Added 10-12-2022 by Ord.
No. 05-2022]
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.
[Added 10-12-2022 by Ord.
No. 05-2022]
a. In the event the Company breaches its responsibilities herein, the
Borough reserves the right to seek redress administratively through
the Board of Public Utilities.
b. The Company will restore any Borough property damaged by the installation
of its wires or facilities to its original condition at its own cost
and expense, and in any event, within 30 days of receiving written
notice of such damage from the Borough.
[Added 10-12-2022 by Ord.
No. 05-2022]
The Company shall not allow its cable or other operations to
interfere with television reception of persons not served by the Company,
nor shall the system interfere with, obstruct or hinder in any manner,
the operation of the various utilities serving the residents of the
Borough.
[Added 10-12-2022 by Ord.
No. 05-2022]
The Company shall cause all construction plans relating to work
on any extensions of its plant, or work which could have significant
impact on public works within the Borough, to be filed with the Borough
Engineer's Office.
[Added 10-12-2022 by Ord.
No. 05-2022]
Notices required under this chapter shall 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
chapter shall run from receipt of such written notice.
Notices to the Company shall be mailed to:
|
Altice USA
1 Court Square West, 49th Floor
Long island City, NY 11101
Attention: Senior Vice President for Government Affairs
|
With a copy to:
|
CSC TKR, LLC
c/o Altice USA
1 Court Square West
Long island City, NY 11101
Attention: Legal Department
|
Notices to the Borough shall be mailed to:
|
Borough of Ogdensburg
14 Highland Avenue
Ogdensburg, New Jersey 07439
Attention: Borough Clerk
|
Notwithstanding anything herein to the contrary, regulatory
notices from Cablevision to the Borough which are required pursuant
to State and federal rules and regulations may be served electronically
upon the Borough, instead of by first class mail as described above,
to an email address provided by the Borough.
|
[Added 10-12-2022 by Ord.
No. 05-2022]
This chapter 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 chapter. Nothing herein shall alter the
right of the Company to seek modification of this chapter in accordance
with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7. In accordance with
N.J.S.A. 48:5A-25.1, the terms of this chapter will no longer be in
effect upon The Company converting the municipal consent (and any
certificate of approval) into a system-wide franchise.