[HISTORY: Adopted by the Town Council of the Town of Newton 3-9-2020 by Ord. No. 2020-3. Amendments noted where applicable.]
The Town of Newton (the "Municipality") hereby grants to Service
Electric Cable T.V. of New Jersey, Inc. (the "Company") its nonexclusive
consent to place in, upon, along, across, above, over and under the
highway, 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.
For the purposes of this chapter, the following terms, phrases,
words and their deviations shall have the meaning given herein. Such
meaning or definition of terms is supplemental to those definitions
given by the Federal Communications Commission (FCC) Rules and Regulations,
47 C.F.R. subsection 76.1, et seq., and the Cable Communications Policy
Act, 47 U.S.C. section 521 et seq., as amended and the Cable Television
Act, N.J.S.A. 48:5A-l et seq., and shall in no way be construed to
broaden, alter or conflict with federal or state definitions:
COMPANY
The grantee of rights under this chapter and is known as
Service Electric Cable T.V. of New Jersey, Inc. ("SECTV").
A public hearing concerning the consent herein granted to the
company was held, after proper public notice, on December 9, 2019,
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 the company
to receive this consent, the Municipality hereby finds that 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.
The Town hereby grants to the company consent to the issuance
of a nonexclusive franchise by the New Jersey Board of Public Utilities
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 Town of Newton, such poles,
wires, cables, underground conduits, manholes, and other television
conductors and fixtures necessary for the maintenance and operation
in the Town 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 rights so granted include the right to use and
occupy said highways, streets, alleys, sidewalks, public ways and
public places, and all manner of easements for the purposes herein
set forth and as provided by federal and state law, and are subject
to the terms and conditions herein.
The consent herein granted shall expire 10 years from the date
of expiration of the previous certificate of approval, as issued by
the Board of Public Utilities (BPU).
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 to
its cable television reception service in the Municipality, or any
amount permitted by the Cable Television Act or otherwise allowable
by law.
In accordance with N.J.S.A. 48:5A- 11, the Board of Public Utilities,
through the Office of Cable Television, shall, consistent with federal
law, prescribe just and reasonable rates, charges and classifications
for the services rendered by a cable television provider. The Town
acknowledges that under the Act, municipalities do not have the authority
to regulate the rates the company charges subscribers for its services.
In the event that either the company and/or the Town breaches
its responsibilities herein, both parties reserve the right to seek
redress and/or to present a defense, administratively through the
Board of Public Utilities, or at law in a court of competent jurisdiction.
The consent granted herein to the company shall apply to the
entirety of the Municipality, and any property hereafter annexed.
The company shall be required to proffer service to any persons,
residents or business in conformance with its tariff on file with
the Office of Cable Television, including any policies for line extension
and/or nonstandard installations.
A. Restoration: In the event that the company or its agents shall disturb
any pavement, streets, 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 to as good
a 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.
(1)
The company shall temporarily move or remove appropriate parts
of its facilities to allow for the moving of buildings, and machinery,
or in other similar circumstances. The expense shall be borne by the
party requesting such action, except when required 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 into 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.
During the term of this franchise, and any renewal thereof,
the company shall maintain a local business office in Sussex County
for the purpose of receiving, investigating and resolving all complaints
regarding the quality of service, equipment, malfunctions, and similar
matters. Said 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, except on holidays.
A. The Office of Cable Television is hereby designated as the complaint
officer for the Municipality, pursuant to N.J.S.A. 48:5A-26(b).
B. All complaints shall be received and processed in accordance with
N.J.A.C. 14:17-6.1, et seq.
During the life of the franchise, the company shall give bond
to the Municipality, which bond shall be in the amount of $25,000.
The company shall provide public, educational, and governmental
(PEG) access channels and facilities in accordance with its application
for renewal of municipal consent.
A. The company shall provide services in accordance with its tariff
for cable television service approved by the Board of Public Utilities.
B. In addition, the company shall provide the following services to
the Town, free of charge:
(1)
Three cable connections for the Newton Police Department;
(2)
Eight cable connections for the existing Newton Fire Department
and buildings;
(3)
Twenty-four classroom cable connections for Halstead Middle
School;
(4)
Thirty classroom cable connections for Merriam Avenue School;
(5)
Five cable connections for Newton High School;
(6)
Two cable connections for Dennis Library;
(7)
Three cable connections for Newton Town Hall;
(8)
Four cable connections for the Newton Department of Public Works;
(9)
Two cable connections for the Newton Water Department;
(10)
Two cable connections for the Newton Sewer Department;
(11)
Two cable connections for the Newton Fire Museum; and
(12)
Two cable connection for the Newton First Aid Squad.
C. The complimentary services provided herein are for expanded basic
cable service only. All subscribers, including those set forth herein,
shall be fully responsible for the cost associated with any installation
of service and with each digital box and/or other equipment that the
subscriber maintains, which fees are determined by the company in
accordance with the type of digital box(es) and/or other equipment
that the subscriber maintains.
Although nothing herein shall require the company to carry or
transmit any particular television stations or programming source,
the company shall provide the subscribers in the Town with at least
the same broad categories of programming, in approximately the same
quantity, as are now provided, and which appear in the application
for municipal consent.
A. 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 Municipality as an insured
and insuring against loss by any such claim, suit, judgment, execution
or demand, in the minimum amount of $1,000,000 combined single limit
for bodily injury or death to one person, $500,000 for property damage
resulting from any one accident, and an excess liability (or umbrella)
policy in the amount of $10,000,000.
B. The contractor building the cable television lines shall file a worker's
compensation certificate of insurance with the Town Clerk prior to
commencing the work.
The Company shall cause all construction plans relating to work
on any extension of its plant, or work which could have significant
impact on public works within the Town, to be filed with the Town
Engineer's Office.
The company shall not allow its cable or other operations to
interfere with television reception or personal 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 Town.
SECTV agrees that public meetings shall be held upon Town request,
up to a maximum of one public meeting per year, to review the services
provided by SECTV and any concerns raised by the Town and/or its residents.
SECTV agrees to attend and participate in such public meetings.
All of the commitments and statements contained in the application
and any amendment thereto submitted in writing to the Municipality
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 it does not conflict
with state or federal law.
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 affect the validity of the remaining
portions hereof.
Should any of the federal or state acts, regulations, or pronouncements applicable to the regulation of cable television service be modified in any way, such modification, to the extent it embodies required terms and conditions, and meaningfully can be incorporated into this chapter, shall be so incorporated, consistent with any applicable effective dates specified in such modification. To the extent that any such modification(s) places(s) limits on permissible terms and conditions, and any provision of this chapter becomes invalid by virtue of such modification(s), the preceding section, §
A326-22, shall apply.
This chapter shall take effect upon its final passage and publication
according to law.