[HISTORY: Adopted by the Township Committee of the Township
of Union 2-14-2012 by Ord. No. 5230. Amendments noted where applicable.]
The municipality hereby grants to Comcast renewal of its nonexclusive
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.
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 CFR 76.1 et seq. and the Cable Communications Policy Act, 47 U.S.C.
§ 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.
APPLICATION
The company's application for renewal of municipal consent.
BASIC CABLE SERVICE
Any service tier, which includes the retransmission of local
television broadcast signals as defined by the FCC.
BOARD or BPU
The Board of Public Utilities, State of New Jersey.
COMPANY
The grantee of rights under this ordinance and is known as
Comcast of New Jersey 11, LLC.
FCC
The Federal Communications Commission.
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.
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.
A. The nonexclusive municipal consent
granted herein shall expire on April 29, 2027, 15 years from the date
of expiration of the previous certificate of approval issued by the
Board.
B. 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.
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 3.5% of the gross revenues as defined in N.J.S.A.
48:5A-3 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 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.
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.
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.
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
wire and cables.
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.
The Office of Cable Television is hereby designed as the Complaint
Officer for the municipality pursuant to N.J.S.A. 48:5A-26b. 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.
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.
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.
The rates of the company shall be subject to regulation as permitted
by federal and state law.
A. The company shall continue to
provide a system-wide public access channel maintained by the company.
Qualified individuals and organizations may utilize public access
for the purpose of cablecasting noncommercial access programming in
conformance with the company's published public access rules.
B. The company shall continue to
provide a systemwide 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 two dedicated digital local access channels and existing return
lines maintained by the company for the purpose of cablecasting noncommercial
access programming in conformance with the company's guideline 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.
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, and any additional authorized outlets,
provided that the school is within 200 feet of active cable distribution
plant. Each additional outlet installed, if any, shall be paid for
on a materials and equipment, plus labor, basis by the school requesting
service. Monthly service charges shall be waived on all additional
outlets.
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 and any additional authorized outlets,
provided that 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 and equipment, plus labor, basis by the
municipality. Monthly service charges shall be waived on all additional
outlets.
C. Within six months of the issuance
of the renewal certificate of approval the company shall provide the
municipality a one-time access related need grant in the amount of
$100,000.
D. The municipality shall have
use of an existing fiber optics interconnection between the municipal
building located at 1776 Morris Avenue and the municipal police headquarters
building located at 981 Caldwell Avenue for the duration of this franchise.
The company shall be responsible to maintain the signal quality of
this interconnection.
E. The company shall provide, free
of charge, one nonnetworked cable modem and monthly Internet service
to each school in the municipality, public and private, elementary,
intermediate and secondary, and to the public library. The Internet
service provided for herein must be available to student and patron
use and cannot be limited to administrative uses. All facilities must
be located with 200 feet of active cable distribution plant,
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.
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.
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 that same do not conflict with applicable state
or federal law.
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.
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.
This ordinance shall take effect immediately upon issuance of
a renewal certificate of approval from the BPU.