[11-18-2020 by Ord. No.
2020-11[1]]
[1]
Editor's Note: This ordinance superseded former § 23-1,
Service Electric Cable T.V. of New Jersey, Inc., adopted by Ord. No.
2014-05 and amended by Ord. No. 2014-07.
For the purpose of this chapter, the terms defined above shall
have the meanings there indicated, and the following additional terms
shall have the following meanings:
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.
The company's application for renewal of municipal consent,
which application is on file in the Township Clerk's office and is
incorporated herein by reference and made a part hereof, except as
modified, changed, limited or altered by this chapter.
The Board of Public Utilities of the State of New Jersey
or its successor agency.
CSC TKR, LLC, the grantee of rights under this chapter.
The Federal Communications Commission.
That federal statute relating to cable communications commonly
known as the "Cable Communications Policy Act of 1984," 47 U.S.C.
§ 521 et seq., and the Telecommunications Act of 1996, or
as those statutes may be amended.
Those federal regulations relating to cable television services,
47 CFR 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 CFR 76.3), or as such regulations
may be amended.
The area contained within the present municipal boundaries
of the Township of Frelinghuysen in the County of Warren and the State
of New Jersey.
The installation of drop cable to a customer's premises where
the distance from the point of entry into the building being served
is less than 150 feet from the active cable television system plant.
The State of New Jersey.
Those regulations of the State of New Jersey Board of Public
Utilities relating to cable television, N.J.A.C. 14:17-1.1 et seq.
and N.J.A.C. 14:18-1 et seq., or as such regulations may be amended.
The governing body of the Township Frelinghuysen in the County
of Warren and the State of New Jersey.
A public hearing concerning the consent herein granted to the
company was held after proper public notice pursuant to the terms
and conditions of the Act. Said hearing having been held and fully
open to the public, and the Township having received all comments
regarding the qualifications of the company to receive this consent,
the Township hereby finds the company possesses the necessary legal,
technical, character, financial and other qualifications to support
municipal consent and that the company's operating and construction
arrangements are adequate and feasible.
The Township hereby grants to the company its nonexclusive consent
to place in, upon, along, across, above, over, and under its highways,
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 or other communications facility and for the provision of any
communication service over such facilities. Operation and construction,
pursuant to said consent, is conditioned upon prior approval of the
Board of Public Utilities.
This consent granted herein shall be nonexclusive and shall
be for a term of 10 years from the date of issuance of a certificate
of approval by the Board.
If the company seeks successive consent, it shall, prior to
the expiration of this consent, apply for a municipal consent and
certificate of approval in accordance with N.J.S.A. 48:5A-16, and
applicable state and federal rules and regulations. In accordance
with N.J.S.A. 48:5A-25.1, both the Township and the company shall
be bound by the terms of this municipal consent until such time as
the company converts the municipal consent (and any certificate of
approval) into a system-wide franchise.
The consent granted under this chapter to the company shall
apply to the entirety of the municipality and any property hereafter
annexed.
a.
The company shall be required to proffer video programming service
along any public right-of-way to any person's residence within the
"primary service area," as it exists on the effective date of any
written approval order by the Board of this consent, at the company's
schedule of rates for standard and nonstandard installation.
b.
The "primary service area" shall include the development known as
"Homestead Farms," located within the municipality, where construction
of the cable system commenced, or shall commence, no later than January
14, 2021.
Pursuant to the requirements of the Board, as ordered in its
approval of the transfer of the franchise from SECTV to the company
(Docket No. CM20030211, effective July 6, 2020), upon request, the
company shall extend service along any public right-of-way outside
its primary service area to those residences or small businesses within
the franchise territory which are located in areas that have a residential
home density of 25 homes per mile or greater (as measured from the
then-existing primary service area), or areas with less than 25 homes
per mile where residents and/or small businesses agree to share the
cost of such extension in accordance with the line extension formula
as provided by the company in its application for municipal consent.
Pursuant to the terms and conditions of the Cable Television
Act, the company shall pay to the Township, as an annual franchise
fee, a sum equal to 2% of the actual gross revenues received from
all recurring charges in the nature of subscription fees paid by subscribers
for its cable television reception services in the municipality. In
the event applicable law hereinafter permits a larger franchise fee
to be collected, but does not fix the amount thereof, the Township
and the company shall negotiate in good faith with respect to the
amount thereof; provided, however, that nothing herein shall be construed
to permit the Township to require payment of a franchise fee by the
company that is higher than the fee paid by all other cable television
service providers offering service in the municipality.
[Amended 1-20-2021 by Ord. No. 2021-02]
Subject to applicable federal regulations, the Company shall,
upon written request, provide free of charge, one standard installation
and monthly cable television reception service to all State or locally
accredited public schools and all municipal public libraries, as well
as municipal buildings located within the Municipality.
Upon written request from the Township, the Company shall provide
to the Township at: (a) Town Hall at 210 Main Street and; (b) one
additional Township owned facility currently passed by the Company’s
System, without charge, the following at each: (1) one standard installation;
(2) one cable modem per installation; and (3) cable modem service
for the term of this Ordinance for each installation. This offer shall
be subject to the terms, conditions and use policies of the Company
as those policies may exist from time to time.
The company shall perform construction and installation of its
plant and facilities in accordance with applicable state and federal
law. The company shall be subject to the following additional construction
requirements with respect to the installation of its cable plant and
facilities in the municipality:
a.
In the event that the company or its agents shall disturb any pavement,
street surfaces, sidewalks, driveways or other surfaces, the company
shall, at its sole expense, restore and replace such disturbances
in as good a condition as existed prior to the commencement of said
work.
b.
If, at any time during the period of this consent, the Township shall
alter or change the grade of any street, alley or other way or place,
the company, upon reasonable notice by the Township, shall remove
or relocate its equipment, at its own expense.
c.
Upon request of a person holding a building or moving permit issued
by the Township, the company shall temporarily move or remove appropriate
parts of its facilities so as to permit the moving or erection of
buildings or for the performance of other work. The expense of any
such temporary removal or relocation shall be paid in advance to the
company by the person requesting the same. In such cases, the company
shall be given not less than 14 days' prior written notice in order
to arrange for the changes required.
d.
During the exercise of its rights and privileges under this consent,
the company shall have the authority to trim trees upon and overhanging
streets, alleys, sidewalks and public places of the Township so as
to prevent the branches of such trees from coming in contact with
the wires, cables, conduits and fixtures of the company. Such trimming
shall be only to the extent necessary to maintain proper clearance
for the company's facilities.
The company shall comply with the technical and customer service
standards established for the cable industry under applicable federal
and state laws, rules and regulations.
The company shall establish and maintain, during the entire
term of this consent, a local area business office or agent for the
purpose of receiving, investigating and resolving complaints regarding
the quality of service, equipment malfunctions and similar matters.
Said office shall be open daily during normal business hours, and
in no event less than 9:00 a.m. to 5:00 p.m., Monday through Friday,
with the exception of holidays.
The Office of Cable Television is hereby designated as the complaint
officer for the Township pursuant to the provisions of N.J.S.A. 48:5A-26.
All complaints shall be reviewed and processed in accordance with
N.J.A.C. 14:17-6.5.
The company agrees to maintain and keep in force and effect,
at its sole cost, at all times during the term of this consent, sufficient
liability insurance naming the Township as an additional insured and
insuring against loss by any such claim, suit, judgment, execution
or demand in the minimum amounts of $500,000 for bodily injury or
death to one person and $1,000,000 for bodily injury or death resulting
from any one accident or occurrence stemming from or arising out of
the company's exercise of its rights hereunder.
The company shall obtain and maintain, at its sole cost and
expense, during the entire term of this agreement, a bond to the Township
in the amount of $25,000. Such bond shall be to insure the faithful
performance of its obligations as provided in this franchise.
a.
The rates of the company for cable television service shall be subject
to regulation to the extent permitted by federal and state law.
b.
The company shall implement a senior citizen discount in the amount
of 10% off the monthly broadcast basic level of cable television service
rate to any person 62 years of age or older, who subscribes to cable
television services provided by the company, subject to the following:
1.
Such discount shall only be available to eligible senior citizens
who do not share the subscription with more than one person in the
same household who is less than 62 years of age; and
2.
In accordance with N.J.S.A. 48:5A-11.2, subscribers seeking eligibility
for the discount must meet the income and residence requirements of
the Pharmaceutical Assistance to the Aged and Disabled Program pursuant
to N.J.S.A. 30:4D-21; and
3.
The senior discount herein relates only to the broadcast basic level
of cable television service and shall not apply to any additional
service, feature, or equipment offered by the company, including any
premium channel services and pay-per-view services; and
4.
Senior citizens who subscribe to a level of cable television service
beyond expanded basic service, including any premium or per-channel
a la carte service, shall not be eligible for the discount.
c.
The company shall have no further obligation to provide the senior
discount herein in the event that: the company converts the municipal
consent granted herein to a system-wide franchise in accordance with
N.J.S.A. 48:5A-25.1; or upon Board approval of a certification that
another cable television service provider offering services to residents
of the municipality files, in accordance with N.J.S.A. 48:5A-30(d),
and is capable of serving 60% or more of the households within the
municipality. In the event the company does cease providing a senior
discount pursuant to this provision, it shall comply with all notice
requirements of applicable law.
The company shall be required to have the capability to override
the audio portion of the system in order to permit the broadcasting
of emergency messages by the Township pursuant to state and federal
requirements. The company shall in no way be held liable for any injury
suffered by the Township or any other person, during an emergency,
if for any reason the Township is unable to make full use of the cable
television system as contemplated herein. The Township shall utilize
the state-approved procedures for such emergency uses.
a.
In the event that the service of another multi-channel video program
provider not subject to the Township's regulatory authority within
the municipality creates a significant competitive disadvantage to
the company, the company shall have the right to request from the
Township lawful amendments to its franchise that relieve it of burdens
which create the unfair competitive situation. Should the company
seek such amendments to its franchise, the parties agree to negotiate
in good faith appropriate changes to the franchise in order to relieve
the company of such competitive disadvantages. If the parties can
reach an agreement on such terms, the Township agrees to support the
company's petition to the Board for modification of the consent in
accordance with N.J.S.A 48:5A-47 and N.J.A.C. 14:17-6.7.
b.
If the parties are unable to reach an agreement on appropriate amendments
to the franchise, the Township acknowledges that the company shall
have the right to petition the Board directly for such amendments
in accordance with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7; provided,
however, the Township shall be under no obligation to support the
company's request for such relief from the Board.
c.
In any subsequent municipal consent, the Township shall require,
at a minimum, the same terms and conditions of any other provider
of multi-channel video programming subject to the Township's regulatory
authority as those contained in the instant consent. In the event
such subsequent consent does not contain the same terms and conditions
as the instant consent, the Township agrees to support the company's
petition to the Board for modification of the consent in accordance
with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7 to relieve the company
of competitive disadvantages identified in the company's petition.
Upon expiration, termination or revocation of this chapter,
the company at its sole cost and expense, and upon direction of the
Board, shall remove the cables and appurtenant devices constructed
or maintained in connection with the cable services authorized herein,
unless the company, its affiliated entities or assignees should, within
six months after such expiration, termination or revocation, obtain
certification from the FCC to operate an open video system or any
other federal or state certification to provide telecommunications.
a.
The company shall continue to make available noncommercial public,
educational and governmental (PEG) access services available to the
residents of the municipality as described in the application for
municipal consent. All the company support for PEG access shall be
for the exclusive benefit of the company's subscribers.
b.
The Township agrees that the company shall retain the right to use
the PEG access channel, or portion thereof, for non-PEG access programming,
during times when the Township is not utilizing the channel for purposes
of providing PEG access programming. In the event that the company
uses said PEG access channel for the presentation of such other programming,
the PEG programming shall remain the priority use, and the company's
rights with respect to using the channel for non-PEG programming shall
be subordinate to the Township's provision of PEG access programming
on such channel.
All of the commitments contained in the application and any
amendment thereto submitted in writing to the Township by the company,
except as modified herein, are binding upon the company as terms and
conditions of this consent. The application and any other written
amendments thereto submitted by the company in connection with this
consent are incorporated in this chapter by reference and made a part
hereof, except as specifically modified, changed, limited, or altered
by this chapter, or to the extent that they conflict with state or
federal law.
This consent shall be construed in a manner consistent with
all applicable federal, state and local laws; as such laws, rules
and regulations may be amended from time to time.
If any section, subsection, sentence, clause, phrase, or portion
of this chapter is for any reason held invalid or unconstitutional
by any court 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 portion thereof.
Notices required under this chapter shall be in writing and
shall be mailed, first class, postage prepaid, to the addresses below.
Either party may change the place where notice is to be given by providing
such change in writing at least 30 days prior to the time such change
becomes effective. The time to respond to notices under this chapter
shall run from receipt of such written notice.
|
Notices to the company shall be mailed to:
|
|
|
|
Altice USA
|
|
1 Court Square West, 49th Floor
|
|
Long Island City, NY 11101
|
|
Attention: Senior Vice President for Government Affairs
|
|
|
|
With a copy to:
|
|
|
|
CSC TKR, LLC
|
|
c/o Altice USA
|
|
1 Court Square West
|
|
Long Island City, NY 11101
|
|
Attention: Legal Department
|
|
Notices to the Township shall be mailed to:
|
|
|
|
Township of Frelinghuysen
|
|
210 Main Street
|
|
Johnsonburg, NJ 07825
|
|
Attention: Township Clerk
|
This chapter shall take effect upon issuance of a certificate
of approval as issued by the Board of Public Utilities that incorporates
the material terms of this chapter. Nothing herein shall alter the
right of the company to seek modification of this chapter in accordance
with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7. In accordance with
N.J.S.A. 48:5A-25.1, the terms of this chapter will no longer be in
effect upon the company converting the municipal consent (and any
certificate of approval) into a system-wide franchise.
