[Ord. 5/12/93 § 1]
This chapter shall be known and may be cited as the "Comcast
Cablevision Corporation, d/b/a Comcast Cablevision, Franchise Renewal
Ordinance" (herein, the "ordinance").
[Ord. 5/12/93 § 2]
For the purpose of this ordinance, the following terms, phrases,
words, and their derivations shall have the meaning given herein.
When not inconsistent with the context, words used in the present
tense include the future, words in the plural include the singular,
and words in the singular, include the plural.
Shall be the Application for Renewal of Municipal Consent
filed with the Borough on or about August 13, 1992.
Shall mean the Board of Regulatory Commissioners of the State
of New Jersey.
Shall mean the Borough of East Newark, County of Hudson,
State of New Jersey, and shall include, as appropriate, the Governing
Body of the Borough.
Shall mean any person owning, controlling, operating, or
managing a cable television system. The term "person" as used herein
shall be construed, without limiting the generality thereof, to include
specifically any agency or instrumentality of this State or of any
of its political subdivisions; but this definition shall not include
a telephone, telegraph, or electric utility company regulated by the
Board in a case where it merely leases or rents or otherwise provides
to a CATV Company wires, conduits, cables, or pole space used in the
redistribution of television signals to or toward subscribers or customers
of such CATV Company.
Shall mean any facility within this State which is operated
or intended to be operated to perform the service of receiving and
amplifying the signals broadcast by one or more television stations
and redistributing such signals by wire, cable, or other device or
means for accomplishing such redistribution, to members of the public
who subscribe to such service; or distributing through its facility
any television signals, whether broadcast or not; or any part of such
facility. The term "facility" as used in this subsection includes
all real property, antennas, poles, wires, cables, conduits, amplifiers,
instruments, appliances, fixtures, and other personal property used
by a CATV Company in providing service to its subscribers and customers.
Shall mean the grantee of rights under this ordinance awarding
a Franchise and is known as Comcast Cablevision Corporation, d/b/a
Comcast Cablevision.
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. sec. 521 et seq., or as that statute may be amended.
Shall mean those Federal regulations relating to cable television
service, 47 C.F.R. sec. 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. sec. 76.3,
or as such regulations may be amended.
As used herein shall mean and include every street, road,
alley, thoroughfare, way or place of any kind used by the public or
open to use by the public.
Shall mean any person, firm, partnership, association, corporation,
company, or organization of any kind.
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., or as such State statute may be amended.
Shall mean those regulations of the Board relating to cable
television, N.J.A.C. 14:17-1.1 et seq. and N.J.A.C. 14:18-1.1 et seq.,
or as such State regulations may be amended.
Shall mean those revenues derived from all recurring charges
in the nature of subscription fees paid by subscribers located within
the Borough for cable television reception service for which no separate
or additional charge is made — i.e., basic cable service. Subscriber
revenues shall not include revenues received as installation charges
and fees for reconnections, inspection, repairs, or modifications
of any installations. Subscriber revenues shall also not include any
revenues received: a) as reimbursement of expense in the operation
of any access channels; b) as advertising payments; c) from the leasing
of cable channels; and d) from furnishing other communications and
nonbroadcast services either directly or as a carrier for another
party.
[Ord. 5/12/93 § 3]
A public hearing concerning the renewal of the Franchise herein
granted to the Company was held after proper public notice pursuant
to the terms and conditions of the State Act. Said hearing, having
been held as above stated and having been fully open to the public,
and the Borough, having received at said hearing all comments regarding
the qualifications of the Company to receive this Franchise, hereby
finds, to the best of its knowledge and in reliance upon the representations
made, that the Company continues to possess the necessary legal, technical,
character, financial, and other qualifications and that the Company's
operating and construction arrangements are adequate and feasible,
and that, therefore, the Borough hereby grants the Company a nonexclusive
consent, Franchise, right and privilege (herein, the "Franchise")
to construct, erect, operate, modify and maintain, in, upon, along,
across, above, over, and under the highways, streets, alleys, sidewalks,
public ways and public places now laid out or dedicated and all extensions
thereof, and additions thereto, in the Borough such poles, wires,
cables, underground conduits, manholes, and other television conductors
and fixtures necessary for the maintenance and operation in the Borough
of a Cable Television System and Cable Communications System for the
purpose of distributing television and radio signals, and other electronic
impulses in order to furnish television and radio programs, and various
communications and other electronic services to the public. The right
so granted includes the right to use and occupy said highways, streets,
alleys, public ways and public places, and all manner of easements
for the purposes herein set forth and as provided by the Federal and
the State Act.
[Ord. 5/12/93 § 4]
The Franchise granted the Company herein shall terminate 15
years from the date of issuance of a Renewal Certificate of Approval
by the Board.
[Ord. 5/12/93 § 5]
The Company shall, during each year of operation under this
Franchise, pay to the Borough 2% of the annual gross subscriber revenues
received by the Company for cable television services rendered to
subscribers located within the Borough, or an amount equal to the
maximum franchise fee permitted pursuant to N.J.S.A. 48:5A-30(a),
as same may be amended from time to time, whichever is greater.
[Ord. 5/12/93 § 6]
The Borough acknowledges that, under the Federal Act, municipalities
do not have the authority to regulate the rates the Company charges
subscribers for its services. However, should the State permit said
regulation then and in such event the State permission shall prevail.
[Ord. 5/12/93 § 7]
a.
During the term of this Franchise, the Company shall maintain a local
business office or agent for the purpose of receiving and resolving
all complaints regarding the quality of service, equipment malfunctions,
and similar matters in accordance with N.J.A.C. 14:18-5.1. All complaints
shall be received and processed pursuant to N.J.A.C. 14:17-7.1.
b.
In addition to the requirement of paragraph a of this subsection,
the New Jersey Office of Cable Television (herein, the "OCTV") is
hereby designated as the Complaint Officer required by N.J.S.A. 48:5A-26
to receive and act upon complaints by subscribers to cable television
reception service provided pursuant to the Franchise.
[Ord. 5/12/93 § 8]
a.
The Company shall pay, and by its acceptance of this Franchise the
Company expressly agrees that it will pay, all damages and penalties
which the Borough may legally be required to pay as a result of the
Company's negligence in the installation, operation, or maintenance
of the Cable Television System authorized herein. The Borough shall
notify the Company's General Manager within 15 days after the
presentation of any claim or demand to the Borough, either by suit
or otherwise, made against the Borough on account of any negligence
or contract as aforesaid on the party of the Company.
b.
Furthermore, the Company shall carry liability insurance, naming
the Borough as an additional insured, in the minimum amounts as follows:
(1) $300,000 for bodily injury or death to any one person, within
the limit, however, of $500,000 for bodily injury or death resulting
from any one accident; (2) $100,000 for property damage resulting
from any one accident; and (3) $50,000 for all other types of liability.
c.
During the life of the Franchise, the Company shall give a bond to
the Borough in accordance with N.J.S.A. 48:5A-28(d), 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 the
application herein.
[Ord. 5/12/93 § 9]
a.
Franchise Territory. The consent granted under this ordinance shall
apply to the entirety of the Borough, and any property hereafter annexed
thereto.
b.
Facilities and Equipment. In transmitting its television signals
to subscribers in the Borough, the Company shall provide a quality
of signal not less than that required under prevailing regulatory
standards, and shall comply with any requirements imposed by the Federal
regulations, and (to the extent not preempted by Federal law) any
State regulations relating to technical standards for the transmission
of television signals, transmission quality, or facilities and equipment.
c.
Extension of Service.
1.
The Company shall be required to provide service to any person's
residence or business located in the Borough in accordance with the
Company's stated installation charges and line extension policy
as set forth in the application or as the same hereafter may be amended.
2.
For purposes of any existing line extension areas, extension of service
shall not be required without a subscriber contribution-in-aid-of-construction
into any area where there are less than 35 homes per linear mile within
500 feet of the Company's existing cable.
3.
The Company shall cause any and all construction plans relating to
work on any extensions of its plans or work which could have a significant
impact on public works within the Borough to be filed with the Borough
Engineer.
d.
Relocation of Poles. In the event that, at any time during the term
of this ordinance, the Borough shall elect to alter or change the
grade of any street, alley, or other public way, the Company, upon
reasonable notice by the Borough, shall remove, relay and relocate
its poles, wires, cables, underground conduits, manholes, and other
fixtures at the Company's own expense.
e.
Temporary Wire Changes. The Company shall, on the request of any
person holding a valid building moving permit issued by the Borough,
temporarily raise or lower its wires to permit the moving of buildings,
machinery or in other similar circumstances, the expense of such temporary
removal, raising or lowering of wires shall be paid by the person
requesting same, and the Company shall have the authority to require
such payment in advance. The Company shall be given not less than
10 days' advance notice to arrange for temporary wire changes.
f.
Tree Trimming. The Company shall have the authority to trim trees
upon and overhanging streets, highways, alleys, sidewalks, and public
places within the Borough so as to prevent the branches of such trees
from coming into contact with the wires and cables of the Company.
The trimming shall be done in a manner so as to minimize the damage
to the tree(s). The Borough's Department of Public Works shall
be advised in advance of all projected tree trimming.
g.
Compliance With Standards. All facilities and equipment of the Company
shall be constructed and maintained in accordance with the requirements
and specifications of the applicable ordinance and regulations set
forth by the Borough and/or any other local, State or Federal agency.
[Ord. 5/12/93 § 10]
The Company shall promulgate such rules, regulations, terms
and conditions governing the conduct of its business as shall be reasonably
necessary to exercise its rights and perform its obligations under
this Franchise so as to assure uninterrupted service to each and all
of its customers; provided, however, that such rules, regulations,
terms and conditions shall not be in conflict with any Federal, State
and/or local laws or regulations.
[Ord. 5/12/93 § 11]
The Company shall not sell or transfer its CATV System to another,
nor transfer any rights under this Franchise to another, except as
provided in the State Act and as approved by the Borough.
[Ord. 5/12/93 § 12]
This ordinance and Franchise is subject to all provisions of
the State Act and Federal Act and to all lawful rules and regulations
of the Board and OCTV, adopted pursuant thereto. The Company shall
at all times comply with the rules and regulations governing cable
television operations lawfully promulgated and adopted by the Board.
In the event of a conflict between the State Act and State regulations
and any F.C.C. or Federal regulations, the F.C.C. or Federal regulations
shall prevail.
[Ord. 5/12/93 § 13]
The Company shall not allow its cable or other operations to
interfere with television reception or 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.
[Ord. 5/12/93 § 14]
All of the statements and commitments contained in the application
and any amendment thereto, except as modified herein, are binding
upon the Company as terms and conditions of this consent. The application
and other relevant writings submitted by the Company shall be annexed
hereto and made a part hereof by reference.
[Ord. 5/12/93 § 15]
If any section, subsection, sentence, clause, phrase, or portion
of this ordinance is for any reason held invalid, preempted, or determined
unconstitutional by any court or Federal or State agency of competent
jurisdiction, such portion shall be deemed a separate, distinct, and
independent provision of this ordinance, and such holding shall not
affect the validity of the remaining portions hereof.
[Ord. 5/12/93 § 16]
This ordinance shall take effect upon its final passage and
publication according to law.
