[HISTORY: Adopted by the Board of Commissioners of the City of Millville
2-18-2003 by Ord. No. 1-2003.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. 76, Cable
Television Franchise, adopted 3-20-1990 as Ch. XXV of the Revised General
Ordinances of the City of Millville 1989, as amended through Ord. No. 13-1993.
The municipality hereby grants to Comcast Cablevision 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-l et seq., and shall in no way
be construed to broaden, alter or conflict with the federal and state definitions:
Chapter 186 of the General Laws of New Jersey, and subsequent amendments
thereto, N.J.S.A. 48:5A-1 et seq.
The company's Application for Renewal of municipal consent.
Any service tier, which includes the retransmission of local television
broadcast signals as defined by the FCC.
The Board of Public Utilities, State of New Jersey.
The City of Millville, County of Cumberland, State of New Jersey.
The grantee of rights under this ordinance and is known as "Comcast
Cablevision of South Jersey, Inc."
The Federal Communications Commission.
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 with a ten-year automatic renewal as provided
by N.J.S.A. 48:5A-19 and 25, and N.J.A.C. 14:18-13.6.
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 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 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. 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.
A.
Restoration. In the event that the company or its agents
shall disturb any pavement, street surfaces, sidewalks, driveways or other
surface in the nature 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, relay 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
report 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).
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 designated as the complaint
officer for the municipality pursuant to N.J.S.A. 48:5A-26(b). 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.
Within 12 months of receipt of a renewal certificate
of approval (COA) by the OCTV, the company shall activate a dedicated government
access channel to be viewed by residents of the City. Qualified individuals
and organizations may utilize the access channel for the purpose of cable
casting noncommercial access programming in conformance with the City's published
access rules.
B.
Within 12 months of receipt of a renewal certificate
of approval (COA) by the OCTV, the company shall construct a dedicated fiber
optic return line to a location designated by the City for the purpose of
cablecasting live and/or recorded programming on the education-government
access channel. Upon reasonable written request, the City shall notify the
company regarding the location for the dedicated fiber return line.
C.
The company will provide and maintain the cable, modulators
and equipment necessary for the City education-government access channel to
send a signal to the company and to receive the return feed of signal. The
company will not be responsible for the maintenance of any studio equipment
used for the access channel, including but not limited to cameras, editing
decks, monitors and character generators, etc.
D.
The City has indicated that it is receptive to those
municipalities in the Millville sending district area receiving the access
channel while recognizing the activation of the access channel for those municipalities
might only occur as a direct result of agreements reached during the franchise
renewal negotiations.
E.
Within 12 months of receipt of a renewal certificate
of approval, the company shall provide the City with a one-time technology
grant in the amount of $25,000 for purchase of video production equipment
in association with the government access channel or for any other purpose
the City deems appropriate.
F.
Within 12 months of receipt of a renewal certificate
of approval (COA) by the OCTV, the company shall provide a dedicated fiber
link beginning at the Municipal Building to the High School.
G.
Within 12 months of receipt of a renewal certificate
of approval (COA) by the OCTV, the company shall provide a dedicated fiber
link beginning at the Municipal Building to the Culver (Administration) Building.
H.
Within 12 months of receipt of a renewal certificate
of approval (COA) by the OCTV, the company will realign the Laurel Lakes section
of the City to feed from the existing head end that services all other sections
of the City.
I.
The company shall provide total preferred cable television
service on one outlet at no cost to each school in the municipality, public
and private, elementary, intermediate and secondary, provided the school is
within 200 feet of active cable distribution plant. Each additional outlet
installed, if any, shall be paid for on a materials plus labor basis by the
school requesting service. Monthly service charges shall be waived on all
additional outlets.
J.
The company shall provide total preferred cable television
service at no cost on one outlet to each police, fire, emergency management
facility and public library in the municipality, provided 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 plus labor basis
by the municipality. Monthly service charges shall be waived on all additional
outlets.
K.
The company shall provide free basic Internet service,
via high-speed cable modem, to one nonnetworked personal computer in each
qualified existing and future school in the City, public and private, elementary,
intermediate and secondary, at no charge, provided the facility is located
within 200 feet of active cable distribution plant. The Internet service shall
be installed on a personal computer that is accessible to the students and
not for administrative use only.
L.
The company shall provide free basic Internet access
via high-speed cable modem on one nonnetworked personal computer in each qualified
existing and future public library at no charge, provided the facility is
located within 200 feet of active cable distribution plant. The Internet service
shall be installed on a personal computer that is accessible to library patrons
and not for administrative use only.
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 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 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 writing
submitted by the company shall be annexed hereto and made a 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 between the municipality and the
company that are in conflict with the provisions of this agreement 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
the provisions 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.
This ordinance shall take effect immediately upon issuance of a renewal
certificate of approval from the BPU and publication as provided by law.
