[HISTORY: Adopted by the Mayor and Council of the Borough of Shrewsbury 6-20-2005
by Ord. No. 850. Amendments noted where applicable.]
GENERAL REFERENCES
288a Sch AStreets and sidewalks — See Ch. 220.
Trees, shrubbery and landscaping — See Ch. 246.
The Borough of Shrewsbury hereby grants to Comcast of Monmouth County,
LLC, 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 communication 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 Subsection 76.1 et seq.;
and the Cable Communication 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:
- ACT or CABLE TELEVISION ACT
- Chapter 186 of the General Laws of New Jersey, and subsequent amendments thereto, N.J.S.A. 48:5A-1 et seq.
- 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 known as "Comcast of Monmouth County, LLC."
- FCC
- The Federal Communications Commission.
- MUNICIPALITY
- The Borough of Shrewsbury, County of Monmouth, State of New Jersey.
- OFFICE or OCTV
- The Office of Cable Television of the Board.
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 15 years from the date of expiration of the previous certificate of
approval issued by the Board.
B.
At the end of the first five years after issuance of
a renewal certificate of approval, a review shall be conducted by the municipality
to determine whether the company shall have substantially complied with all
material obligations under this ordinance, in which event the renewal of municipal
consent granted hereunder shall continue for the remaining period.
C.
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 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 the 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, at tariffed rates for standard and nonstandard
installations. 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 as described herein.
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.
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. Whenever the request is made by, for, or on
behalf of private parties, the cost will be borne by those same parties.
D.
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 cables of the company. Such trimming shall be only to the extent necessary to maintain proper clearance of the company's wire and cables and the company shall comply with the requirements of the BPU and Shrewsbury Shade Tree Commission (see Chapter 246, § 246-3B).
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 community upon written request of the Borough Administrator
or Clerk.
A.
The company shall continue to comply fully with all applicable
state and federal statutes and regulations regarding credits 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 effort to meet or exceed
voluntary standards for telephone accessibility developed by the National
Cable Television Association (NCTA) and shall schedule service appointments
within four-hour windows. Those standards shall include, but not be limited
to, the goal of answering 80% of incoming telephone calls within 30 seconds.
D.
The company shall provide credits for service disruptions
of three hours or more when requested by customers.
E.
The company is permitted, but is not required, to charge
a late fee consistent with applicable state and federal statutes and regulations.
F.
The company shall send a second notice if they fail to
disconnect a customer's service within 30 days of the first shutoff notice.
G.
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 appropriate under law.
The Borough Administrator is hereby designated as the complaint officer
for the municipality pursuant to N.J.S.A. 48:5A-26(a). All complaints shall
be in writing, and received and processed by the complaint officer. Upon receipt
of such written complaint, the complaint officer shall investigate the complaint
without formal hearing and provide a determination to all interested parties
within 30 days of receipt of the complaint. The municipality shall have the
right to request copies of records and reports pertaining to the complaints
by municipality customers from the OCTV.
A.
During the term of this franchise, and any renewal thereof,
the company shall maintain a local business office or agent for the purpose
of receiving, investigating and resolving all complaints regarding the quality
of service, equipment malfunctions and similar matters. Such local business
office shall be open during normal business hours and in no event less than
9:00 a.m. to 5:00 p.m., Monday through Friday. Telephone response for such
purposes as mentioned herein will be provided by the company's employees,
representatives or agents 24 hours per day.
B.
The telephone number and address of the local office
shall be listed in applicable telephone directories and in correspondence
from the company to the customer. The telephone number for the local office
shall utilize an exchange that is a nontoll call for municipality residents.
During the life of the franchise, the company shall give 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 residents with
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 company's published public
access rules.
B.
The company shall continue to provide a system-wide 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 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 continue to provide free basic television
service on one outlet in each the Shrewsbury Borough Elementary School and
school library, and on one outlet each in the Municipal Building and Police
Department, one outlet each in the firehouse, first aid, the historical building
and public works building that is located or may be constructed within the
municipality, provided the facility is located within 200 feet of active cable
distribution plant.
B.
Within 12 months of issuance of a renewal certificate
of approval (COA) by the BPU, the company shall provide to the municipality
a one-time grant for cable- and technology-related needs in the amount of
$12,000.
C.
The company shall provide a one-time grant to the Red
Bank Regional High School for television production equipment in the name
of the boroughs of Red Bank, Little Silver, and Shrewsbury within 12 months
of the issuance of a renewal certificate of approval (COA) by the BPU to the
third of the three named municipalities. The amount of the grant shall be
determined by the criteria outlined in Schedule A (attached).[1]
[1]
Editor's Note: Schedule A is included at the end of this chapter.
D.
Based on information distributed by the Division of the
Ratepayer Advocate, cable television late fees are regulated by the BPU. While
the Board rules do not regulate the amount a cable operator may charge for
a late fee, the Board's rules require that a cable television operator may
not impose a late fee until the customer's account balance is 30 or more days
overdue and also requires the cable operators to clearly specify the amount
of a late fee on their bill.
E.
The company shall provide additional services as outlined
in the separate letter of agreement.
In the event that the municipality determines that it is necessary and
feasible for it to contract with the company for the purpose of providing
two-way or interconnection services, the company shall be required to apply
to the BPU for approval to enter into and establish the terms and conditions
of such contract. All costs for such application to the BPU shall be borne
by the municipality.
A.
The company shall be required to fully comply with all
applicable federal and state statutes and regulations, and rules and regulations
governing the implementation, operation and testing of the emergency alert
system (EAS).
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 damage 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 $3,000,000.
All of the commitments and statements contained in the application and
any amendment thereto submitted in writing to the municipality by the company,
except as modified herein, are binding upon the company as terms and conditions
of this municipal consent. The application and any other relevant writings
submitted by the company shall be considered a part of this ordinance and
made part hereof by reference as long as it does not conflict with state or
federal law. All ordinances or parts of ordinances or other agreements are
hereby declared invalid and superseded.
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
provision of N.J.A.C. 14:17-6.7.
If any section, subsection, sentence, clause, phrase or portion of this
ordinance 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 ordinance.
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 by the BPU.