Editor's Note: Prior ordinance history includes portions
of Ordinance 7/19/71, 2010-03, 2010-14.
[Ord. No. 2016-16 § 1]
The Municipality hereby grants to the company its non-exclusive
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.
[Ord. No. 2016-16 § 2]
For the purposes of this ordinance, 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
given by 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 U.S.C. section 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 federal or state definitions:
Shall mean Chapter 186 of the General Laws of New Jersey,
and subsequent amendment thereto, section 48:5A-l et seq.
Shall mean the grantee of rights under this ordinance and
is known as Service Electric Cable T.V. of New Jersey, Inc.
Shall mean the Borough of Sussex, County of Sussex, State
of New Jersey.
[Ord. No. 2016-16 § 3]
A public hearing concerning the consent herein granted to the
Company was held, after proper public notice, on March 15, 2015 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.
[Ord. No. 2016-16 § 4]
The Borough hereby grants to the Company consent to the issuance
of a non-exclusive 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 Borough of Sussex, 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 rights so granted include 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 federal and state law, and are subject to the terms
and conditions herein.
[Ord. No. 2016-16 § 5]
The consent herein granted shall expire on September 6, 2026,
10 years from the date of expiration of the current Certificate of
Approval as issued by the Board of Public Utilities (BPU). The Company
shall be required to proffer service to any persons, residents or
businesses in conformance with its Tariff on file with the Office
of Cable Television including any policies for line extension and/or
non-standard installations.
[Ord. No. 2016-16 § 6]
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.
[Ord. No. 2016-16 § 7]
In accordance with N.J.S.A. 48:5A-l l, 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 Borough
acknowledges that under the Act, municipalities do not have the authority
to regulate the rates the Company charges subscribers for its services.
The Borough is desirous of obtaining reduced rates for senior
citizens, disabled residents and other parties for whom reduced rates
may currently be available or may be available during the term of
this ordinance. Therefore, if the company adopts reduced rates for
senior citizens, disabled persons or other parties in the future in
accordance with N.J.S.A. 48:5A-11.1 et seq. and the Federal Act or
any other law or regulation, these special rates shall be offered
to qualified Borough residents.
[Ord. No. 2016-16 § 8]
The consent granted herein to the Company shall apply to the
entirety of the Municipality, and any property hereafter annexed.
[Ord. No. 2016-16 § 9]
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.
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 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. No. 2016-16 § 10]
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.
[Ord. No. 2016-16 § 11]
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).
All complaints shall be received and processed in accordance
with N.J.A.C. 14:17-6.5.
[Ord. No. 2016-16 § 12]
During the life of the franchise, the Company shall give bond
to the Municipality, 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 and
incorporated herein.
[Ord. No. 2016-16 § 13]
The Company shall provide public, educational, and governmental
(PEG) access channels and facilities in accordance with its Application
for Renewal of Municipal Consent.
[Ord. No. 2016-16 § 14]
The Company shall provide services in accordance with its Tariff
for cable television service approved by the Board of Public Utilities
on January 1, 2016. In addition, the Company shall provide the following
locations with complimentary, expanded basic cable service:
a.
One cable connection for the Fire Department and Rescue Squad located
at 25 Loomis Ave, Sussex NJ 07461.
b.
One cable connection for the Sussex Municipal Building located at
2 Main Street, Sussex NJ 07461.
c.
One cable connection for the Sussex DPW garage located at 33 Brookside
Avenue, Sussex NJ 07461.
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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
build out/extension of cable that may be necessary to extend cable
to the location in question, including any non-standard or custom
installation fees that may be applicable, if any, as well as for the
cost of each digital box that the subscriber maintains, which fees
are determined by the Company in accordance with the type of digital
box(es) that the subscriber maintains.
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[Ord. No. 2016-16 § 15]
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 Borough 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.
[Ord. No. 2016-16 § 16]
The Company shall indemnify, protect and hold the Borough harmless
from and against losses and physical damage to property, including
those properties owned or under the control of the Borough, and bodily
injury or death of persons, including payments made under any workmen's
compensation law, if such damage may arise out of or is caused by
any act of the Company, its agents or employees.
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.
The contractor building the cable television lines shall file
a worker's compensation certificate of insurance with the Borough
Clerk prior to commencing any work.
All insurance required by this ordinance shall be and remain
in full force and effect for the entire life of this franchise. A
certificate of insurance must be submitted to the Borough Attorney
to review for compliance with the above mentioned limits of liability.
The Borough shall be a named insured on said policies. The insurer
shall notice the Borough at least 30 days prior of its intention to
cancel any policy.
[Ord. No. 2016-16 § 17]
The Company shall cause all construction plans relating to work
which could have significant impact on public works within the Borough,
to be filed with the Borough Engineer's Office.
[Ord. No. 2016-16 § 18]
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. No. 2016-16 § 19]
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.
[Ord. No. 2016-16 § 20]
If any section, subsection, sentence, clause, phrase or portion
of this ordinance 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.
[Ord. No. 2016-16 § 21]
This ordinance is subject to all provisions of the Act and to all lawful rules and regulations of the Board of Public Utilities and the Office of Cable Television, 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 of Public Utilities. 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 ordinance, shall be so incorporated, consistent with any applicable effective dates specified in such modification. To the extent that any such modification(s) place(s) limits on permissible terms and conditions, and any provision of this Ordinance becomes invalid by virtue of such modification(s), the preceding section, Section 16-20, shall apply.
[Ord. No. 2016-16 § 22,
adopted August 16, 2016]
This ordinance shall take effect upon its final passage and
publication according to law.
