Editor's Note: Prior franchise agreements-Ord. No. 79-14,
12-99.
[Ord. #2014-10 § 1]
The municipality hereby grants to Comcast renewal of its non-exclusive
Municipal Consent to place in, upon, across, above, over and under
highways, streets, alleys, sidewalks, easements, public ways and public
places in the municipality, poles, wires, cables, underground conduits,
manholes and other television conductors, fixtures, apparatus and
equipment as may be necessary for the construction, operation and
maintenance in the Municipality of a cable television and communications
system.
[Ord. #2014-10 § 2]
For the purpose 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
of 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-1 et seq., and shall in no way be construed to
broaden, alter or conflict with the federal and state definitions:
a.
TOWNSHIP OR MUNICIPALITY — Is the Township of Scotch Plains,
County of Union, State of New Jersey.
b.
COMPANY — Is the grantee of rights under this Ordinance and
is known as Comcast of New Jersey II, LLC.
c.
ACT or CABLE TELEVISION ACT — Is Chapter 186 of the General
Laws of New Jersey, and subsequent amendments thereto, N.J.S.A. 48:5A-1,
et seq.
d.
FCC — Is the Federal Communications Commission.
e.
BOARD or BPU — Is the Board of Public Utilities, State of New
Jersey.
f.
OFFICE or OCTV — Is the Office of Cable Television of the Board.
g.
BASIC CABLE SERVICE — Means any service tier, which includes
the retransmission of local television broadcast signals as defined
by the FCC.
h.
APPLICATION — Is the Company's Application for Renewal of Municipal
Consent.
i.
PRIMARY SERVICE AREA or PSA — Consists of the area of the Municipality
currently served with existing plant as set forth in the map annexed
to the Company's Application for Municipal Consent.
[Ord. #2014-10 § 3]
Public hearings conducted by the Municipality, concerning the
renewal of Municipal Consent herein granted to the Company were held
after proper public notice pursuant to the terms and conditions of
the Act and the regulations of the Board adopted pursuant thereto.
Said hearings, having been fully open to the public, and the Municipality,
having received at said public hearings all comments regarding the
qualifications of the Company to receive this renewal of Municipal
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. #2014-10 § 4]
The non-exclusive Municipal Consent granted herein shall expire
15 years from the date of expiration of the previous Certificate of
Approval issued by the Board.
In the event that the Municipality shall find that the Company
has not substantially complied with the material terms and conditions
of this Ordinance, the Municipality shall have the right to petition
the OCTV, pursuant to N.J.S.A. 48:5A-47, for appropriate action, including
modification and/or termination of the Certificate of Approval; provided
however, that the Municipality shall first have given the Company
written notice of all alleged instances of noncompliance and an opportunity
to cure same within 90 days of that notification.
[Ord. #2014-10 § 5]
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
cable television reception service in the Municipality or any higher
amount required by the Act or otherwise allowable by law, whichever
is greater.
The current franchise fee amount for the Township is 3.5% pursuant
to N.J.S.A. 48:5A-30(d).
[Ord. #2014-10 § 6]
The consent granted under this Ordinance to the renewal of the
franchise shall apply to the entirety of the Municipality and any
property subsequently annexed hereto.
[Ord. #2014-10 § 7]
The Company shall be required to proffer service to any residence
or business along any public right-of-way in the Primary Service Area,
as set forth in the Company's Application. The Company's Line Extension
Policy, as set forth in the Company's Application, shall govern any
extension of plant beyond the Primary Service Area.
[Ord. #2014-10 § 8]
Restoration: In the event that the Company or its agents shall
disturb any pavement, street surfaces, sidewalks, driveways, or other
surface in the natural topography, the Company shall, at its sole
expense, restore and replace such places or things so disturbed in
as good a condition as existed prior to the commencement of said work.
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 or relocate its equipment, at the expense of
the Company.
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 or other
public places of the municipality so as to prevent the branches of
such trees from coming in contact with the wires and cable of the
Company. Such trimming shall be only to the extent necessary to maintain
proper clearance of the Company's wire and cables.
[Ord. #2014-10 § 9]
In providing services to its customers, the Company shall comply
with N.J.A.C. 14:18-1, et seq. and all applicable state and federal
statutes and regulations. The Company shall strive to meet or exceed
all voluntary company and industry standards in the delivery of customer
service and shall be prepared to report on it to the municipality
upon written request of the Municipality Administrator or Clerk.
a.
The Company shall continue to comply fully with all applicable state
and federal statutes and regulations regarding credit for outages,
the reporting of same to regulatory agencies and notification of same
to customers.
b.
The Company shall continue to fully comply with all applicable state
and federal statutes and regulations regarding the availability of
devices for the hearing impaired and the notification of same to customers.
c.
The Company shall use every reasonable effort to meet or exceed voluntary
standards for telephone accessibility developed by the National Cable
Television Association (NCTA). Those standards shall include, but
not be limited to, the goal of answering 90% of incoming telephone
calls within 30 seconds.
d.
Nothing herein shall impair the right of any subscriber or the Municipality
to express any comment with respect to telephone accessibility to
the Complaint Officer, or impair the right of the Complaint Officer
to take any action that is permitted under law.
[Ord. #2014-10 § 10]
The Office of Cable Television is hereby designed 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. The Municipality shall have the right to request copies
of records and reports pertaining to complaints by Municipality customers
from the OCTV.
[Ord. #2014-10 § 11]
During the term of this franchise, and any renewal thereof,
the Company shall maintain a business office or agent in accordance
with N.J.A.C. 14:18-5.1 for the purpose of receiving, investigating
and resolving all local complaints regarding the quality of service,
equipment malfunctions, and similar matters. Such a business office
shall have a publicly listed toll-free telephone number and be open
during standard business hours, and in no event (excepting emergent
circumstances) less than 9:00 A.M. to 5:00 P.M., Monday through Friday.
The telephone number and address of the local office shall be
listed in applicable telephone directories and in correspondence from
the Company to the customer. The telephone number for the local office
shall utilize an exchange that is a non-toll call for Township residents.
[Ord. #2014-10 § 12]
During the life of the franchise the Company shall give to the
municipality a bond 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. #2014-10 § 13]
The rates of the Company shall be subject to regulation as permitted
by federal and state law.
[Ord. #2014-10 § 14]
a.
The Company shall continue to provide residents with a system-wide
public access channel maintained by the Company. Qualified individuals
and organizations may utilize public access for the purpose of cablecasting
non-commercial access programming in conformance with the Company's
published public access rules.
b.
The Company shall continue to provide a system-wide leased access
channel maintained by the Company for the purpose of cablecasting
commercial access programming in conformance with the Company's guideline
and applicable state and federal statutes and regulations.
c.
The Company shall continue to provide a dedicated local access channel
maintained by the Company for the purpose of cablecasting non-commercial
access programming in conformance with the Company's guidelines and
applicable state and federal statutes and regulations.
d.
The Company shall take any steps that are necessary to ensure that
the signals originated on the access channels are carried without
material degradation, and with a signal whose quality is equal to
that of the other standard channels that the Company transmits.
e.
The Communications Act of 1934, as amended (47 U.S.C. § 543(b)(4)),
allows the Company to itemize and/or identify the amount on the monthly
bill assessed to satisfy any requirements imposed on the Company by
the cable franchise to support public, educational, and governmental
channels, or the use of such channels or any other services required
under the franchise. The Company reserves its external cost, pass-through
rights to the extent permitted by law.
[Ord. #2014-10 § 15]
a.
The Company shall provide standard installation and basic cable television
service on one outlet at no cost to each school in the Municipality,
public and private, elementary, intermediate and secondary, provided
the school is within 200 feet of active cable distribution plant.
Each additional outlet installed, if any, shall be paid for on a materials
plus labor basis by the school requesting service. Monthly service
charges shall be waived on all additional outlets except for equipment.
b.
The Company shall provide standard installation and basic cable television
service at no cost on one outlet to each police, fire, emergency management
facility and public library in the Municipality, provided the facility
is located within 200 feet of active cable distribution plant. Each
additional outlet installed, if any, shall be paid for on a materials
plus labor basis by the Municipality. Monthly service charges shall
be waived on all additional outlets except for equipment.
c.
The Company shall continue to provide free basic Internet service,
via high-speed cable modem, to one non-networked outlet in each school
in the Township, public and private, elementary, intermediate and
secondary, at no charge, provided the schools are located within 200
feet of active cable distribution plant.
d.
Within one year of written request from the Township, the Company
shall provide at no cost to the municipality a second dedicated local
access channel and return line and necessary equipment for signal
transmission. The origination site and return line shall be constructed
at a site of the Township's choosing. Origination sites for all access
channels and return lines must be within 200 feet of active cable
distribution plant.
e.
Within one year of written request from Township, the Company shall
provide an additional return line for the Township's access channel
at a site of the Township's choosing. Additionally, within one year
of written request from the Township and after at least one year from
the completion of the first additional return line, the Company shall
provide a second additional return line for the Township's access
channel at a site of the Township's choosing. Both additional return
lines must be within 200 feet of active cable distribution plant and
shall terminate at the Township's studio location at Township hall.
f.
In the event that the current channel designations for local access
channels are changed by the Company, the Company shall take reasonable
measures to inform customers in Scotch Plains of the changes and reimburse
the Municipality for reasonable administrative costs associated with
notifying persons of the channel re-designations and re-branding content
and materials. The total amount to be paid by Comcast shall not exceed
the sum of $5,000.
g.
Within six months of the issuance of a renewal Certificate of Approval
(COA) by the Board, the Company shall provide to the municipality
a one-time access-related technology grant in the amount of $75,000.
h.
The Company shall continue to make available to the Township, a mobile
production vehicle for the purpose of producing non-commercial community,
governmental or educational access programming, consistent with Company's
written rules and regulations on the use of said vehicle and to the
extent that such vehicle is made available by the Company, the Company
shall continue to provide basic training for all users of said vehicle.
i.
Company representatives shall appear upon reasonable written request
of the Township, at a public hearing of the governing body or before
the Township's Cable Television Advisory Committee, to discuss any
matter pertaining to the provision of cable service to residents of
the Township and other related issues as the Township and the Company
may see fit.
[Ord. #2014-10 § 16]
The Company will comply with the Emergency Alert System ("EAS")
rules in accordance with applicable state and federal statutes and
regulations.
The Company shall in no way be held liable for any injury suffered
by the municipality or any other person, during an emergency, if for
any reason the municipality is unable to make full use of the cable
television system as contemplated herein.
[Ord. #2014-10 § 17]
The Company shall at all times maintain a comprehensive general
liability insurance policy with a single limit amount of $1,000,000
covering liability for any death, personal injury, property damages
or other liability arising out of its construction and operation of
the cable television system, and an excess liability (or "umbrella")
policy in the amount of $5,000,000.
[Ord. #2014-10 § 18]
All of the statements and commitments contained in the Application
or annexed thereto and incorporated therein, 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 provided same do not conflict with applicable State or
Federal law.
[Ord. #2014-10 § 19]
Should the Municipality grant a franchise to construct, operate
and maintain a cable television system to any other person, corporation
or entity on terms materially less burdensome or more favorable than
the terms contained herein, the Company may substitute such language
that is more favorable or less burdensome for the comparable provision
of this Ordinance subject to the provisions of N.J.A.C. 14:17-6.7.
[Ord. #2014-10 § 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 its validity or unconstitutionality shall not affect
the validity of the remaining portions of the Ordinance.
[Ord. #2014-10 § 21]
Nothing in this Franchise or in any prior agreement is or was
intended to confer third-party beneficiary status on any member of
the public to enforce the terms of such agreements or Franchise.
[Ord. #2014-10 § 22]
Should any of the federal or state statutes or regulations applicable
to this Ordinance 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 incorporated, consistent
with any applicable effective dates specified in such modifications.
To the extent that any such modification places limits on permissible
terms and conditions, and any provision of this Ordinance becomes
invalid by virtue of such modification, the preceding Section 20 shall
apply.
[Ord. #2014-10 § 22]
This Ordinance shall take effect immediately upon issuance of
a Renewal Certificate of Approval from the BPU.
