Editor's Note: Amended in entirety by Ord. No. 2016-35. Prior
history includes Ordinance Nos. 1016, 83-13, 93-28, 2003-12 and 2003-21.
[Ord. No. 2016-35 § 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. No. 2016-35 § 2]
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 in 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) MUNICIPALITY - Shall mean the Municipality of Princeton, County of
Mercer, State of New Jersey.
(b) COMPANY OR COMCAST - Shall mean the grantee of rights under this
chapter and is known as Comcast of Central New Jersey II.
(c) ACT OR CABLE TELEVISION ACT - Shall mean Chapter 186 of the General
Laws of New Jersey, and subsequent amendments thereto, N.J.S.A. § 48:5A-1,
et seq.
(d) FCC - Shall mean the Federal Communications Commission.
(e) BOARD OR BPU - Shall mean the Board of Public Utilities, State of
New Jersey.
(f) OFFICE OR OCTV - Shall mean the Office of Cable Television of the
Board.
(g) BASIC CABLE SERVICE - Shall mean any service tier, which includes
the retransmission of local television broadcast signals as defined
by the FCC.
(h) APPLICATION - Shall mean the Company's Application for Renewal of
Municipal Consent.
(i) PRIMARY SERVICE AREA OR PSA - Shall mean and consist 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. No. 2016-35 § 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. No. 2016-35 § 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 with a ten-year automatic renewal as
provided by N.J.S.A. § 48:5A-19 and 25, and N.J.A.C. § 14:18-13.6.
In the event that the Municipality shall find that the Company
has not substantially complied with the material terms and conditions
of this chapter, 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
non-compliance and an opportunity to cure same within 90 days of that
notification.
[Ord. No. 2016-35 § 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 permitted by the Act or otherwise allowable by law, whichever
is greater. The current franchise fee amount for the Municipality
is 3.5% of the gross revenues pursuant to N.J.S.A. 48:5A-30(d).
[Ord. No. 2016-35 § 6]
The consent granted under this chapter for the renewal of the
franchise shall apply to the entirety of the Municipality and any
property subsequently annexed hereto.
[Ord. No. 2016-35 § 7]
The Company shall be required to proffer service to any residence
along any public right-of-way in the Primary Service Area, as set
forth in the Company's Application. Any extension of plant beyond
the Primary Service Area shall be governed by the Company's Line Extension
Policy, as set forth in the Company's Application, with a HPM ("homes-per-mile")
of 25 dwellings per linear mile from the nearest active trunk or feeder
line.
[Ord. No. 2016-35 § 8]
(a) 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.
(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 or relocate its equipment, at the expense of
the Company prior to approval of the board.
(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 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 wires and cables.
(d) Temporary removal of cables: The Company shall, upon request of the
Municipality, at the Company's expense, temporarily raise, lower or
remove its lines in order to facilitate the moving of buildings or
machinery or in other like circumstances, subject to the prior approval
of the Board.
(e) Installation of Equipment: The Company shall install equipment in
the same location and manner as existing public utilities whenever
possible, in order to minimize the impact of same on surrounding property.
[Ord. No. 2016-35 § 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").
(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. No. 2016-35 § 10]
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. The Municipality shall have the right
to request copies of records and reports pertaining to complaints
by Municipality customers from the OCTV.
[Ord. No. 2016-35 § 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.
[Ord. No. 2016-35 § 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. No. 2016-35 § 13]
The rates of the Company shall be subject to regulation as permitted
by Federal and State law.
[Ord. No. 2016-35 § 14; Ord. No. 2018-20]
(a) The Company shall provide Expanded Basic or a similar tier of cable
television service to one outlet at no cost to each qualified existing
and future school in the Municipality, public and private, elementary,
intermediate and secondary, provided the school building is within
200 feet of active cable distribution plant or through customer owned
conduit. Each additional outlet installed, if any, shall be paid for
on a materials plus labor basis by the school requesting service.
(b) The Company shall provide Expanded Basic or a similar tier of cable
television service at no cost to one outlet to each qualified existing
and future municipal building, police, fire, emergency management
facility and public library in the Municipality, provided the facility
is located within 200 feet of active cable distribution plant or through
customer owned conduit. Each additional outlet installed, if any,
shall be paid for on a materials plus labor basis by the Municipality.
(c) Within six months of the issuance of a Renewal Certificate of Approval
by the BPU, the Company shall provide to the Municipality a one-time
Technology Grant in the amount of $75,000 to meet the technology and/or
cable related needs of the community.
(d) The Communications Act of 1934, as amended [47 U.S.C. § 543
(b)], allows the Company to itemize and/or identify: (1.) the amount
on the subscriber bill assessed as a franchise fee and the identity
of the governmental authority to which the fee is paid; (2.) the amount
on the bill assessed to satisfy any requirements imposed on the Company
by the cable franchise to support public, education, and/or governmental
access channels, the use of such channels or required to meet the
technology and/or cable related needs of the community; and (3.) any
grants or other fees on the bill or any tax, assessment, or charge
of any kind imposed by any governmental authority on the transaction
between the operator and the subscriber. The Company reserves its
external cost, pass-through rights to the full extent permitted by
law.
(e) The Company shall provide additional services as outlined in a separate letter of agreement attached hereto as
Exhibit A.
(f) The Company shall meet with the Council or their designee annually
upon written request of the Municipality.
[Ord. No. 2016-35 § 15; Ord. No. 2018-20]
(a) The Company will continue to provide one channel for public access
and one channel for governmental access. It will be on the most basic
tier of service offered by the Company in accordance with the Cable
Act, Section 611 [47 U.S.C. § 531], and as further set forth
herein.
(b) The Company does not relinquish its ownership of or ultimate right
of control over a channel by designating it for PEG access use. A
PEG access user - whether an educational or government user - acquires
no property or other interest by virtue of the use of a channel so
designated, and may not rely on the continued use of a particular
channel number, no matter how long the same channel may have been
designated for such use.
(c) The Company shall not exercise editorial control over the use of
any educational or governmental channel capacity, except Company may
refuse to transmit any educational or governmental access program
or portion of any public or governmental access program that contains
obscenity, indecency, or nudity.
(d) Public access. "Public access" shall mean non-commercial use by the
public.
(e) Educational access. "Educational access" shall mean non-commercial
use by educational institutions such as public or private schools,
but not "home schools," community colleges and/or universities.
(f) Government access. "Government access" shall mean non-commercial
use by the governing bodies of the Municipality for the purpose of
showing the public local government at work.
(g) Fallow time. Because blank or underutilized PG channels are not in
the public interest, in the event the Municipality or other PG access
users elect not to fully program the PG access channel, the Company
may program unused time on those channels subject to reclamation by
the Municipality upon no less than 60 days' written notice.
(h) The Communications Act of 1934, as amended [47 U.S.C. § 543
(b)], allows the Company to itemize and/or identify: (1.) the amount
on the subscriber bill assessed as a franchise fee and the identity
of the governmental authority to which the fee is paid; (2.) the amount
on the bill assessed to satisfy any requirements imposed on the Company
by the cable franchise to support public, education, and/or governmental
access channels, the use of such channels or required to meet the
technology and/or cable related needs of the community; and (3.) any
grants or other fees on the bill or any tax, assessment, or charge
of any kind imposed by any governmental authority on the transaction
between the operator and the subscriber. The Company reserves its
external cost, pass-through rights to the full extent permitted by
law.
(i) The Company shall provide additional services as outlined in a separate letter of agreement attached hereto as
Exhibit A.
(j) The Company shall meet with the Council or their designee annually
upon written request of the Municipality.
[Ord. No. 2016-35 § 16]
(a) The Company will comply with the Emergency Alert System ("EAS") rules
in accordance with applicable State and Federal statutes and regulations.
(b) 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. No. 2016-35 § 17]
The Company shall at all times maintain a commercial 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. No. 2016-35 § 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 application State
or Federal law.
[Ord. No. 2016-35 § 19]
Should the Municipality grant Municipal Consent for 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 chapter subject to the provisions
of N.J.A.C. § 14:17-6.7.
[Ord. No. 2016-35 § 20]
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 its validity or unconstitutionality shall not affect
the validity of the remaining portions of the chapter.
[Ord. No. 2016-35 § 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. No. 2016-35 § 22]
This chapter shall take effect immediately upon issuance of
a Renewal Certificate of Approval from the BPU.