[HISTORY: Adopted by the Township Committee
of the Township of Colts Neck 9-13-2023 by Ord. No. 2023-17.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded
former Ch. A270, Cable Television Franchise, adopted 11-30-2011.
For the purpose of this ordinance 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.
Cablevision'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 ordinance.
The Board of Public Utilities of the State of New Jersey
or its successor agency.
Cablevision of Monmouth, LLC. ("Cablevision") the grantee
of rights under this ordinance.
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 territorial limits contained within the municipal boundaries
of Colts Neck Township in the County of Monmouth, and the State of
New Jersey, and any area later annexed thereto.
The installation of drop cable to a customer's premise
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 Colts Neck in the County
of Monmouth, and the State of New Jersey.
A public hearing concerning the consent herein granted to Cablevision
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 Cablevision to receive this consent, the Township hereby finds
Cablevision possesses the necessary legal, technical, character, financial
and other qualifications to support municipal consent, and that Cablevision's
operating and construction arrangements are adequate and feasible.
The Township hereby grants to Cablevision 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 as may be authorized
by federal or state regulatory agencies. 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 Cablevision 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-11 and N.J.S.A.
48:5A-16, and applicable state and federal rules and regulations.
The Company shall also seek approval from the Board authorizing continued
operation during the period following expiration of the consent grant
herein, and until such time that a decision is made by the Township
and the Board relative to the renewal of said consent. In accordance
with N.J.S.A. 48:5A-25.1, both the Township and Cablevision shall
be bound by the terms of this municipal consent until such time as
Cablevision converts the municipal consent (and any certificate of
approval) into a system-wide franchise.
The consent granted under this ordinance to Cablevision shall
apply to the entirety of the municipality and any property hereafter
annexed thereto.
Cablevision shall be required to proffer service along any public
right-of-way to any person's residence located in the portion
of the Franchise territory, as described in the map attached to the
application, at Cablevision's schedule of rates for standard
and nonstandard installation. Such area designated shall constitute
the primary service area.
Cablevision shall extend service along any public right of way
outside its service area to those residences within the franchise
territory which are located in areas that have a residential home
density of 20 homes per mile or greater (as measured from the then
existing primary service area), or areas with less than 20 homes per
mile where residents 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, Cablevision 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 Cablevision 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 Cablevision
that is higher than the fee paid by all other cable television service
providers offering service in the Municipality. Cablevision may use
electronic funds transfer to make any payments to the Township required
under this ordinance.
A.
Subject to federal regulations, upon written request from the Township,
the Company shall provide, free of charge, one standard installation
and monthly basic cable television service to all state or locally
accredited public schools and all municipal buildings located within
the municipality and used for municipal government purposes.
B.
Subject to federal regulations, upon written request from the Township,
the Company shall provide to a municipal building, without charge,
the following: 1) one standard installation; 2) one cable modem; and
3) basic cable modem service for the term of this ordinance. The Township
shall be permitted to network, at its own cost, four personal computer
terminals to the cable modem provided by Cablevision. This offer shall
be subject to the terms, conditions and use policies of the Company
as those policies may exist from time to time.
C.
Subject to federal regulations, upon written request from the Township,
the Company shall provide to state and locally accredited elementary
and secondary schools and municipal public libraries in the municipality,
without charge, the following: one standard installation per school
or library; (2) one cable modem per installation; and, (3) basic cable
modem service for the term of this ordinance for each installation.
Each school and library shall be permitted to network, at its own
cost, up to 25 computers to the cable modem provided by Cablevision.
This offer shall be subject to the terms, conditions and use policies
of the Company, as those policies may exist from time to time.
Cablevision 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.
Cablevision shall comply with the technical and customer service
standards established for the cable industry under applicable federal
and state laws, rules and regulations.
Cablevision 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.
Cablevision 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.
Cablevision 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.
Cablevision shall implement a senior citizen discount in the amount
of 10% off the monthly rate of the broadcast basic level of cable
television reception service any person 62 years of age or older,
who subscribes to the Company's cable television services, 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;
and,
(5)
The Company shall have no further obligation to provide the
senior discount herein in the event that a) 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 b) 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),
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.
Cablevision 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 Township approves or permits a cable system
to operate in the community on terms more favorable or less burdensome
than those contained in this ordinance, such more favorable or less
burdensome terms shall be applicable in this consent, subject to a
petition to the Board of Public Utilities as provided for in accordance
with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7.
B.
In the event that a nonfranchised multichannel video programmer provides
service to residents of the municipality, Cablevision shall have a
right to request franchise amendments to this ordinance that relieve
Cablevision of regulatory burdens that create a competitive disadvantage
to the Company. In requesting amendments, Cablevision shall file with
the Board of Public Utilities a petition for approval in accordance
with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7 seeking to amend the
ordinance. Such petition shall: i) indicate the presence of a nonfranchised
competitor(s); ii) identify the basis for Cablevision's belief
that certain provisions of this franchise place it at a competitive
disadvantage; and iii) identify the regulatory burdens to the amended
or repealed in order to eliminate the competitive disadvantage. The
Township shall not unreasonably withhold or object to granting the
Company's petition and so amending the ordinance, subject to
a petition to the Board of Public Utilities as provided for in accordance
with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7.
C.
In any subsequent municipal consent, the Township shall require,
at a minimum, the same terms and conditions of any other provider
of multichannel 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 ordinance,
Cablevision 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 Cablevision, 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.
Cablevision shall continue to make available noncommercial public,
educational and governmental (PEG) as described in the application
for municipal consent. 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 provision of PEG access programming on such channel.
B.
Upon 180 days advanced written request, Cablevision shall provide and maintain one fiber-optic access return line at a location to be mutually agreed upon by the Township and Cablevision, for use by the Township in the production of noncommercial educational and governmental access programming on the cable system. Cablevision shall have discretion to determine the format and method of transmission of the PEG access programming provided for in this § A270-21.
C.
In consideration for the rights granted by this ordinance, Cablevision
shall provide the Township with an initial grant in the amount of
$2,500. Such amount shall be paid within 90 days following the grant
of the certificate from the Board. In addition, beginning in the second
year of the municipal consent and annually thereafter through the
ten-year term of the franchise, Cablevision shall pay a grant to the
Township in the amount of $9,000 to be provided in annual installments
of $1,000 in each of the following nine years of the term of the ordinance
(the "annual grant"). The Annual grant may be used by the Township
for any lawful cable and/or other telecommunications related purpose
as the Township, may deem appropriate. Cablevision shall not be obligated
to make any additional payments beyond year 10 of the franchise. The
annual Grant shall be payable to the Township within 60 days from
receipt of the Township's written request. Notwithstanding the
foregoing, should Cablevision apply for a system-wide certification
or otherwise convert its municipal consent to a system-wide certification
in accordance with applicable law, it shall be relieved of any payments
due and owing after the date of such conversion or award of a system-wide
franchise.
D.
The Company shall have no further obligation to provide any PEG grant
payments due and payable after the date upon which a) 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 b) Board approval of a
certification of another cable television service provider offering
services to residents of the Municipality files, in accordance with
N.J.S.A. 48:5A-30(d), that the provider is capable of serving 60%
or more of the households within the municipality.
E.
All PEG access support provided by the Cablevision shall be for the
exclusive use and benefit of Company's customers within the municipality.
A.
Each employee of the Company who routinely comes into contact with
members of the public at their places of residence must wear a picture
identification card clearly indicating his or her employment with
the Company. The photograph on the identification card shall prominently
show the employee's name and/or identification number. Such employee
shall prominently display such identification card and shall show
it to all such members of the public. Each employee of any contractor
or subcontractor of the Company who routinely comes into contact with
members of the public at their places of residence must wear a picture
identification card clearly indicating his or her name, the name of
such contractor or subcontractor and the name of the Company.
B.
Notwithstanding any other provision of law regulating door-to-door solicitation or other sales activities undertaken on public or private property within the municipality, including any licensing or permit obligations required for such activities, the obligations set forth in this § A270-22 of this ordinance shall be the sole conditions governing the authorization and identification required for the entrance onto public or private property imposed upon Company or its employees, agents, contractors or subcontractors for the purpose of selling, marketing or promoting services offered by the Company to residents of the municipality.
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 Cablevision as terms and
conditions of this consent. The application and any other written
amendments thereto submitted by Cablevision in connection with this
consent are incorporated in this ordinance by reference and made a
part hereof, except as specifically modified, changed, limited, or
altered by this ordinance, 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 ordinance 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 ordinance 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
ordinance shall run from receipt of such written notice.
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Notices to the Company shall be mailed to:
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Altice USA
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1 Court Square West, 49th Floor
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Long Island City, NY 11101
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Attention: Senior Vice President for Government
Affairs
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With a copy to:
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Cablevision of Monmouth, LLC
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c/o Altice USA
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1 Court Square West
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Long Island City, NY 11101
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Attention: Legal Department
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Notices to the Township shall be mailed to:
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Township of Colts Neck
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3 Veterans Way, Colts Neck,
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New Jersey 07722
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Attention: Township Manager
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Notwithstanding anything herein to the contrary, regulatory
notices from the Company to the Township which are required pursuant
to federal and state law and regulations may be served electronically
upon the Township, instead of by first-class mail as described above,
to an email address provided by the Township.
This ordinance 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 ordinance. Nothing herein shall alter the
right of the Company to seek modification of this ordinance 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 ordinance will no longer be
in effect upon Cablevision converting the municipal consent (and any
certificate of approval) into a system-wide franchise.
