[Editor's Note: The most recent cable television
agreement may be found in the Borough offices.]
[Ord. #1-92, § I]
The Municipality hereby grants to the Company its non-exclusive
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, 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. Construction, pursuant to said consent,
is conditioned upon prior approval of the Board of Regulatory Commissioners.
[Ord. #1-92, § II]
For the purpose of this chapter, 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, F.C.C. Rules and Regulations,
47 C.F.R. Subsection 76.1, et seq., and the Cable Communications Policy
Act, 47 USC 521 et seq., as amended, and the Cable Television Act,
N.J.S.A. 48:5A-1, et seq., and shall in no way be construed to broaden,
alter or conflict with the Federal or State definitions:
a.
MUNICIPALITY – Shall mean the Municipality of South Bound Brook,
County of Somerset in the State of New Jersey.
b.
COMPANY – Shall mean the grantee of rights under this ordinance
and is known as TKR Cable Company.
c.
ACT OR CABLE TELEVISION ACT – Shall mean Chapter 186 of the
General Laws of New Jersey, 1972, and subsequent amendments thereto,
Section 48:5A-1, et seq.
d.
BOARD – Shall mean the Board of Regulatory Commissioners.
[Ord. #1-92, § III]
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 as above
stated and said hearing having been fully open to the public, and
the Municipality having received at said hearing all comments regarding
the qualifications of the Company to receive this consent, the Municipality
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. #1-92, § IV]
The consent herein granted shall expire 15 years from the date
of the expiration of the original Certificate of Approval as issued
by the Board.
[Ord. #1-92, § V]
If the Company seeks a successive consent it shall, prior to
the expiration of this consent, apply for a Municipal consent and
Certificate of Approval in accordance with the Cable Television Act,
N.J.S.A. 48:5A-11 and 16 and applicable State and Federal rules and
regulations. The Company shall also petition the Board for a Certificate
of 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 Municipal Governing Body relative to the
renewal of said consent.
[Ord. #1-92, § VI]
Pursuant to the terms and conditions of the Act, the Company
shall, during each year of operation under the consent granted herein,
pay to the Municipality 2% of the gross revenues from all recurring
charges in the nature of subscription fees paid by subscribers for
its cable television reception service in the Municipality or any
amount permitted by the New Jersey Cable Television Act or otherwise
allowed by law.
[Ord. #1-92, § VII]
The Company shall be required to complete any proposed construction
within the service area described in the application. The timetable
as presented in the application incorporated herein has been determined
to be reasonable by the Borough of South Bound Brook.
[Ord. #1-92, § VIII]
The Company shall be required to proffer service along any public
right-of-way to any person's residence or business located in
those areas of the franchise territory described herein, in accordance
with the proposal for the provision of services as described in the
application. Any additional extension of the system will be made in
accordance with the proposal in the Appendix to the application.
[Ord. #1-92, § IX]
a.
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 said work.
b.
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 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 moving of buildings, machinery or in other
similar circumstances. The expense shall be borne by the party requesting
such action except when requested by the Municipality, 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 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 facilities.
[Ord. #1-92, § X]
The Company shall provide installation to any person's
residence or business as described in the Appendix to the application.
[Ord. #1-92, § XI]
The consent granted herein to the Company shall apply to the
entirety of the Municipality and any property hereafter annexed thereto.
[Ord. #1-92, § XII]
During the term of this franchise, and any renewal thereof,
the Company shall maintain a local business office or agent 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. — 5:00 p.m., Monday
through Friday.
[Ord. #1-92, § XIII]
The Office of Cable Television is hereby designated as the complaint
officer for South Bound Brook pursuant to N.J.S.A. 48:5A-26(b).
All complaints shall be received and processed in accordance
with N.J.A.C. 14:17-7.1.
[Ord. #1-92, § XIV]
During the life of the franchise the Company shall give a bond
to the Borough of South Bound Brook, 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
for Municipal consent incorporated herein.
[Ord. #1-92, § XV]
The cable operator shall provide access time to non-commercial
public, governmental and educational entities to the extent such access
was promised to the Municipality during the application and as set
forth in the Appendix to the application.
[Ord. #1-92, § XVI]
The Cable Company shall provide the installation of one outlet
and basic monthly service to each school and/or library in the Municipality
free of charge. Each additional outlet installation shall be paid
for by the institution on a materials plus labor basis. Monthly service
on such additional outlets shall be charged at the regular tariffed
rates for additional outlets.
[Ord. #1-92, § XVII]
The Municipality finds that the equipment and/or personnel to
be provided by the Company for public, educational or governmental
use as provided in the Appendix to the application for Municipal consent
is reasonable.
[Ord. #1-92, § XVIII]
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 Borough of South Bound Brook
as an insured and insuring against loss by any such claim, suit, judgment,
execution or demand in the minimum amounts of:
a.
One hundred fifty thousand dollars for bodily injury or death to
one person, within the limit, however, of $500,000 for bodily injury
or death resulting from any one accident;
b.
One hundred thousand dollars for property damage resulting from any
one accident; and
c.
Fifty thousand dollars for all other types of liability.
[Ord. #1-92, § XIX]
The application and Appendix filed by the Company is incorporated
herein be reference. Any portion of the application which is in conflict
with the provisions of the Cable Television Act, N.J.S.A. 48:5A-1
et seq., the Cable Communications Policy Act, 47 USC 521 et seq.,
and/or FCC Rules and Regulations, 76.1 et seq., as amended, is not
to be construed as effective under the terms of this chapter.
[Ord. #1-92, § XX]
If any section, subsection, sentence, clause, phrase or portion
of this chapter 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 effect the validity of the remaining
portions hereof.
[Ord. #1-92, § XXI]
All ordinances or parts of ordinances in conflict with the provisions
of this chapter are hereby repealed.
[Ord. #1-92, § XXII]
The Consent herein granted shall become effective as of the
date upon which the Borough receives written notification shall the
Company accepts the terms and conditions set forth herein.
