[Ord. No. 22-08 grants a Municipal Consent for the Operation of a Cable Television System. Added 9-13-2023 by Ord. No. 2022-08. Prior ordinance history includes Ordinance Nos. 1002 and 09-34; Ord. No. 11-01.]
[Added 9-13-2023 by Ord. No. 2022-08]
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:
a. 
"Act" or "Cable Television Act" shall mean 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.
b. 
"Application" shall mean 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 Ordinance.
c. 
"Board" shall mean the Board of Public Utilities of the State of New Jersey or its successor agency.
d. 
"Township" shall mean the governing body of the Township Sparta in the County of Sussex, and the State of New Jersey.
e. 
"COMPANY" — shall mean CSC TKR, LLC, the grantee of rights under this Ordinance.
f. 
"FCC" shall mean the Federal Communications Commission.
g. 
"Federal Act" shall mean that federal statute relating to cable communications commonly known as the Cable Communications Policy Act of 1984, 47 U.S.C. Section 521 et seq. and the Telecommunications Act of 1996, or as those statutes may be amended.
h. 
"Federal Regulations" shall mean those federal regulations relating to cable television services, 47 C.F.R. Section 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 C.F.R. Section 76.3), or as such regulations may be amended.
i. 
"Municipality" shall mean the area contained within the present municipal boundaries of the Township of Sparta in the County of Sussex, and the State of New Jersey.
j. 
"Standard Installation" shall mean 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.
k. 
"State" shall mean the State of New Jersey.
l. 
"State Regulations" shall mean 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.
[Added 9-13-2023 by Ord. No. 2022-08]
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.
[Added 9-13-2023 by Ord. No. 2022-08]
The Township hereby grants to the Company its non-exclusive 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 and cable communication system, and for the provision of any communication service over such facilities as permitted by federal and state law. Operation and construction, pursuant to said consent, is conditioned upon prior approval of the Board of Public Utilities.
[Added 9-13-2023 by Ord. No. 2022-08]
This consent granted herein shall be non-exclusive and shall be for a term of ten (10) years from the date of issuance of a Certificate of Approval by the Board.
[Added 9-13-2023 by Ord. No. 2022-08]
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, provided that such conversion is undertaken in compliance with the Act.
[Added 9-13-2023 by Ord. No. 2022-08]
The consent granted under this Ordinance to the Company shall apply to the entirety of the Municipality and any property hereafter annexed.
[Added 9-13-2023 by Ord. No. 2022-08]
The Company shall be required to proffer video programming service along any public right-of-way to any person's residence or business 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.
[Added 9-13-2023 by Ord. No. 2022-08]
The Company shall extend service along any public right of way outside its primary service area to those residences and businesses within the franchise territory which are located in areas that have a residential home density of twenty (20) homes per mile or greater. In areas with less than twenty (20) homes per mile service shall be extended where residents and/or 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.
[Added 9-13-2023 by Ord. No. 2022-08]
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 two percent (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.
[Added 9-13-2023 by Ord. No. 2022-08]
Subject to applicable federal regulations, the Company shall, upon written request, provide free of charge, one (1) 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, the requested locations are listed in Exhibit A.[1]
[1]
Editor's Note: Exhibit A can be viewed in the Township offices.
[Added 9-13-2023 by Ord. No. 2022-08]
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, re-lay, or relocate its equipment, at the Company's expense.
c. 
Upon request of a person holding a building or moving permit issued by the Township, and has secured required permits or approvals, if any, from any other government or agency thereof, 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, unless such request is made by the Township, in which case the Company shall bear the cost. In such cases, unless an emergency exists, the person requesting the temporary removal or relocation shall endeavor to provide the Company not less than fourteen (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.
[Added 9-13-2023 by Ord. No. 2022-08]
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 all 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.
[Added 9-13-2023 by Ord. No. 2022-08]
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.
[Added 9-13-2023 by Ord. No. 2022-08]
a. 
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 one million dollars ($1,000,000.00) for bodily injury or death to one person, and five million dollars ($5,000,000.00) 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. In addition, the Company shall maintain motor vehicle liability insurance with at least the minimum amount of coverage required in this Section.
b. 
By its acceptance of this Franchise, the Company expressly agrees that it will indemnify, defend and hold harmless the Township from, all liability, damage, cost or expense arising from claims of injury to persons or damage to property occasioned by reason of any conduct undertaken or omission(s) by the Company as a result of the installation, operation, or maintenance of the Cable Television System authorized herein. The Township shall notify the Company's Legal Department within thirty (30) days after the presentation of any claim or demand to the Township, either by suit or otherwise, made against the Township on account of any acts or omissions by or on behalf of the Company, including but not limited to negligence or contract. If the Company does not engage its own legal counsel, the Company's obligation to indemnify, defend and hold harmless the Township shall include paying any and all reasonable attorney's fees and costs that the Township may incur, which are directly related to defending a claim set forth in this Section 15(B).
[Added 9-13-2023 by Ord. No. 2022-08]
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 twenty-five thousand dollars ($25,000.00). Such bond shall be to insure the faithful performance of its obligations as provided in this Franchise.
[Added 9-13-2023 by Ord. No. 2022-08]
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 ten percent (10%) off the monthly broadcast basic level of cable television service rate to any person sixty-two (62) years of age or older, who subscribes to cable television services provided by the Company, subject to the following:
(i) 
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 sixty-two (62) years of age; and,
(ii) 
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,
(iii) 
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,
(iv) 
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,
c. 
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 sixty percent (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.
[Added 9-13-2023 by Ord. No. 2022-08]
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.
[Added 9-13-2023 by Ord. No. 2022-08]
In any subsequent municipal consent, 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.
[Added 9-13-2023 by Ord. No. 2022-08]
Upon expiration, termination or revocation of this Ordinance, 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 (6) 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.
[Added 9-13-2023 by Ord. No. 2022-08]
A. 
The Company shall continue to make available non-commercial 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 Company shall continue to provide one (1) dedicated public, educational and government access channel for use by the Township (the "PEG Channel"). Additionally, the Company shall continue to provide a return feed from the Municipal Building located at 65 Main Street, and the equipment necessary to allow for the transmission of video and audio over the channel (not including production, programming and mixing equipment) without charge, to the Company's headend or other location of interconnection to the cable television system for public, educational or governmental use of the PEG Channel, which return feed, at a minimum, provides the ability for the Township to cablecast live or taped access programming, in real time, as may be applicable, to the Company's customers in the Municipality.
C. 
The Township agrees that the Company shall retain the right to use the PEG Channel, or portion thereof, for non-PEG access programming, during times when the Township is not utilizing the PEG Channel for purposes of providing PEG access programming. In the event that the Company uses the PEG 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 PEG Channel for non-PEG programming shall be subordinate to the Township's provision of PEG access programming on the PEG Channel.
D. 
The Company shall have discretion to determine the format and method of transmission of the PEG Channel provided for in this Section 21.
[Added 9-13-2023 by Ord. No. 2022-08]
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 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.
[Added 9-13-2023 by Ord. No. 2022-08]
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.
[Added 9-13-2023 by Ord. No. 2022-08]
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid, preempted 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.
[Added 9-13-2023 by Ord. No. 2022-08]
Notices required under this Ordinance shall 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 thirty (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.
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 Sparta
65 Main Street
Sparta, NJ 07871
Attention: Township Manager
[Added 9-13-2023 by Ord. No. 2022-08]
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 The Company converting the municipal consent (and any certificate of approval) into a system-wide franchise.
[Added 9-13-2023 by Ord. No. 2022-08]
The Company shall make available representatives to meet upon the request of the Township and upon thirty (30) days written notice on a bi-annual basis with the Township, for the purpose or reviewing the Company's performance. The Company representatives shall respond to the reasonable requests for information made by the Township.