[HISTORY: Adopted by the Township of Washington (now Township of Robbinsville) as indicated in article histories. Amendments noted where applicable.]
Article I RCH Communications Franchise
Article II Cablevision Franchise
[Adopted 8-11-1986 by Ord. No. 86-19]
The Township of Washington (now the Township of Robbinsville), Mercer County, New Jersey (hereinafter referred to as "municipality") hereby grants to RCH Communications of Washington Township, Inc. (hereinafter referred to as the "company") a nonexclusive franchise to place in, upon, along, across, above, over and under the highways, streets, alleys, sidewalks, public ways, and public places in the municipality poles, wires, cables, underground conduits, manholes, and other television conductors and fixtures necessary for the maintenance and operation in the municipality of a cable television system and cable communications system pursuant to N.J.S.A. 48:5A-1 et seq. (the Cable Television Act; hereinafter referred to as "the Act").
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 (47 CFR 76.5) 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 or state definitions:
- The Township of Washington (now Township of Robbinsville), County of Mercer, in the State of New Jersey.
- The grantee of rights under this ordinance and is known as "RCH Communications of Washington Township, Inc."
- ACT or CABLE TELEVISION ACT
- Chapter 186 of the General Laws of New Jersey 1972, N.J.S.A. 48:5A-1 et seq.
- The Board of Public Utilities Commission.
- Office of Cable Television within the Department of Public Utilities.
A public hearing concerning the franchise 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 as above stated and said hearing having been fully open to the public, and the municipality having received at said hearing all comments regarding the qualifications of the company to receive this franchise, 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.
The right to use and occupy said streets and other public ways for the purpose herein set forth shall not be exclusive, and the municipality reserves the right to grant a similar use in said streets to any other person, firm, corporation or other approved legal entity.
The consent herein shall expire 10 years from the date of certificate of approval is issued by the Board of Public Utilities. The consent granted herein shall be subject to automatic renewal for a period of 10 years in accordance with the procedures of N.J.S.A. 14:18-11.1 et seq.
The company shall be required to petition the Board for a certificate of approval authorizing continued operation during the period following expiration of the consent granted herein until such a time that a decision is made by the municipal governing body relative to the renewal of said consent. Such petition shall be filed at least 60 days prior to the expiration of the consent granted herein.
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 received by the company from subscribers to its cable television reception service in the municipality.
The consent granted herein to the company shall apply to the entirety of the municipality and any property hereafter annexed thereto.
The construction shall commence within 60 days after receipt of all necessary approvals. The company shall be required to complete all construction within the service area described herein within one year thereafter.
The company shall be required to proffer service to any person's residence or business located in those areas of the franchise territory described herein, in accordance with the proposal for the provision of services as described in the application. Any additional extension of the system which is necessary in the future but not contemplated in the application shall be made in accordance with the office's line extension policy now or thereafter promulgated, and in accordance with the company's proposals for additional extensions of the system in their application and as further elaborated at the public hearings and in additional documentation filed with the governing body during the course of said hearings.
Restoration. In the event that the company or its agents shall disturb any pavement, street surfaces, sidewalks, driveways, or other surfaces in the natural topography, the company shall at its sole expense restore and replace such places or things so disturbed in as good condition as existed prior to the commencement of such work.
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, at its sole expense, remove, re-lay and relocate its equipment.
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 for removal is made by private parties, the cost will be borne by those same parties.
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 and 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 for the company's facilities.
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, except holidays.
The Office of Cable Television is hereby designated as the complaint officer for the Township of Washington (now Township of Robbinsville), pursuant to N.J.S.A. 48:5A-26b. All complaints shall be received and processed in accordance with N.J.A.C. 14:17-7.1.
The company shall post with the municipality a sufficient bond with sufficient securities subject to the approval of the municipality as to zoning and a review by the Director and approval by the Board as to sufficiency of amount in the final sum of not less than $25,000 or such additional sum as shall be finally approved by the Board. Said bond shall be conditioned upon the faithful performance of all undertakings by the company as represented in the application of the company.
The municipality having determined that the rates proposed in the application and subsequent amendments thereto, filed prior to the closing of hearings in the above matter, for cable television reception service are reasonable approves them as presented, subject to review and approval by the Office and the Board.
The company shall not alter its basic service without first notifying the municipality, but may do so without notifying the Office. The basic service includes those channels which the company has previously agreed to carry without a separate or additional charge, including but not limited to those basic services and channels as discussed and described in the aforementioned public hearings and as outlined in the resolution previously passed granting a franchise to RCH Communications of Washington Township, Inc.
The cable operator shall access time to noncommercial public, governmental and educational entities to the extent such access was promised to the municipality during the application and franchising process.
The cable company shall provide the installation of one outlet and basic monthly service to each school and/or library in the municipality free of charge. Upon request, each additional outlet installation shall be paid for by the institution on a cost-plus-labor basis. Monthly service on such additional outlets shall be charged at the regular tariffed rates for additional outlets.
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 additional equipment or specific services to the municipal government or its agencies, the company shall be required to apply to the Board and if necessary the FCC for approval to enter into and establish the terms and conditions of such a contract. All costs related to such application to the Board and the FCC shall be allocated and paid in a manner agreeable to the company and the municipality, subject to approval of the Board.
The company shall be required to have the capability, at the head end, to override the audio portion of the system in order to permit the broadcasting of emergency messages by the municipality. The municipality shall provide such facilities, or if such facilities are provided by the company, it shall be the responsibility of the municipality to pay for their use. 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 municipality shall also establish reasonable procedures for such uses.
The company agrees to maintain and keep in full force and effect as its sole expense at all times during the term of this consent sufficient liability insurance naming the municipality as an insured and insuring against loss by any such claim, suit, judgment, execution or demand in the minimum amounts of $1,000,000 for bodily injury or death to one person, $1,000,000 for property damage resulting from any one accident, and more specifically, as set forth in the respective company's application.
The company shall not hinder or in any way unreasonably or unnecessarily obstruct the public use of any and all parts of the streets, and where it is necessary to temporarily obstruct some part of a street for the purpose of installation, inspection, maintenance or repair of its facilities, the company shall, with prior notice to and approval from the local police, schedule such work at such times as pedestrian and vehicular traffic is normally light, and at all times shall provide adequate guards, barriers and warning devices to safeguard the public from injury to persons and property.
Wherever practicable, the company shall employ the use of existing poles heretofore or hereafter installed and maintained by franchised utility companies, under pole lease agreements with the owners of such poles. No new poles, cables, guys or other equipment will be permitted at any point or place where the same will or may interfere with any sidewalk, crosswalk, driveway, building, shade tree, street intersection, utility pole, electrical power, telephone or telegraph line, gas, water, storm or sanitary sewer main, catch basin or any other existing public facility, or with any contemplated municipal improvement. No new poles shall be installed without obtaining the prior approval of the Board.
The company's transmission and distribution system poles, wires and appurtenances shall be located, erected and maintained so as not to endanger or interfere with the lives of persons, or to interfere with new improvements the Township may deem proper to make, or to unnecessarily hinder or obstruct the free use of the streets, alleys, bridges or other public property. Removal of poles to avoid such interference shall be at the company's expense.
In the maintenance and operation of its television transmission and distribution system in the streets, alleys and other public places, and in the course of any new construction or addition to its facilities, the company shall proceed so as to cause the least possible inconvenience to the general public. Any opening or obstruction in the streets or other public places made by the company in the course of its operation shall be granted and protected at all times by the placement of adequate barriers, fences or boardings, the bounds of which, during period of dusk and darkness, shall be clearly designated by red warning lights. All openings in public streets or places shall, nevertheless, be subject to and governed by the regulations and provisions of Township ordinances pertaining to excavation and construction in public streets, roads or highways.
It is the stated intention of the municipality that all other holders of public licenses and franchises within the limits of the municipality shall cooperate with the company to allow the company's joint usage of their poles and pole-line facilities wherever such usage does not interfere with the normal operation of said poles and pole lines so that a number of new or additional poles constructed by the company within the municipality may be minimized. Such cooperation shall include the rights of joint usage at reasonable rates and on reasonable terms.
The company shall grant to the municipality, free of expense, joint use of any and all poles owned by it for any proper municipal purpose acceptable to the company, insofar as it may be done without interfering with the free use and enjoyment of the company's own wires and fixtures. Proper regard shall be given to all existing safety rules governing construction and maintenance in effect at the time of construction.
All equipment shall be properly installed and shielded so as to prevent interference with television and radio reception.
The company, at its own expense, promptly and in a workmanlike manner, will repair any damage to streets as herein defined or to any drains, sewers, lawns, shrubs or in any other public or private property, caused by any act of the company, its officers, agents, servants, contractors, or subcontractors, any third person, or by act of God, and upon the municipality's request will temporarily, remove, at its own expense, any wire, cable, pole, or other equipment within any street, as herein defined, at any time such removal may be considered by the municipality to be necessary to accomplish a municipal purpose, and whenever requested by the municipality, the company, at its own expense, will permanently remove and relocate such of its facilities as may interfere or tend to interfere with municipal improvement.
The company, during the period it exercises privileges herein granted, shall maintain and operate its system according to the highest current prevailing operating standards promulgated by the Federal Communications Commission and/or the Office of Cable Television, in such manner as to provide its subscribers the highest possible level of quality and reliability. The company shall exercise its best effort to provide its subscribers with all the advantages resulting from time to time from advances and improvements in the community antenna television industry.
Upon 20 days advance notice, the company shall appear at a public hearing before the governing body for the purpose of public review of the performance of the company in accordance with the terms of the ordinance and regulations of the Office of Cable Television.
The privilege herein granted to the company is made upon the express condition that within 10 days after the final adoption of this ordinance, the company shall file with the Municipal Clerk a written acceptance of the same and all of its conditions, and bind itself to provide the necessary television antenna service within the municipality to all persons subscribing for such service, and to provide, maintain and continuously operate the system contemplated in this ordinance without interruption, except for causes beyond the company's reasonable control. In the event the company fails to file such written acceptance within such period, this ordinance shall be void as it applies to the company that fails to file such written acceptance.
In the event that the municipality determines that it is necessary and feasible for it to contract with the company for the purposes of providing interconnection services, the company shall be required to apply to the Board for approval to enter into and establish the terms and conditions of such contract. All costs for such application to the Board shall be borne by the company.
In the event that the municipality determines that it is necessary and feasible for it to contract with the company for the purposes of providing two-way service, the company shall be required to apply to the Board for approval to enter into and establish the terms and conditions of such contract. All costs for such application shall be borne by the company.
All of the written commitments contained in the written application, except as modified herein, are to be considered to be binding upon the applicant as the terms and conditions of this consent, and that application shall be annexed hereto and made a part hereof by reference.
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 such holding shall not affect the validity of the remaining portions hereof.
It is understood that should any state or federal agency or body modify, change or alter any of its provisions with respect to cable television generally, such modifications, changes or alterations shall be incorporated into this consent consistent with the applicable dates specified in the change.
This municipal consent shall become effective as of the date upon which the municipality received written conditions herein, but not earlier than its passage and publication in the manner provided by law.
In addition to the hearing fees set forth in N.J.S.A. 48:5A-23(f), the applicant shall reimburse the municipality for all costs incurred in the publication of this ordinance required by the ordinance adoption procedure of the statutes of the State of New Jersey.
[Adopted 2-28-2014 by Ord. No. 2014-1]
Editor's Note: This ordinance also superseded former Art. II, Cablevision Franchise, adopted 9-30-1999 by Ord. No. 99-26.
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:
- ACT or CABLE TELEVISION ACT
- 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.
- CSC TKR, LLC d/b/a Cablevision of Hamilton ("Cablevision"), the grantee of rights under this ordinance.
- FEDERAL ACT
- 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.
- FEDERAL REGULATIONS
- 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 Federal Communications Commission.
- STANDARD INSTALLATION
- The installation of drop cable to a customer's premises 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.
- STATE REGULATIONS
- 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 of Robbinsville in the County of Mercer, and the State of New Jersey.
- VIDEO PROGRAMMING SERVICE
- Programming provided by, or generally considered comparable to programming provided by, a television broadcast station.
Editor's Note: Refer to the preamble of Ord. No. 2014-1, adopted 2-28-2014.
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 municipality 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 Township of a cable television system, and for the provision of any communication service over the such system 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-16, and applicable state and federal rules and regulations. The Company shall also petition the Board for approval authorizing continued operation during the period following expiration of the consent granted herein, and until such a time that a decision is made by the Township and the Board relative to the renewal of said consent.
The consent granted under this ordinance to Cablevision shall apply to the entirety of the Township and any property hereafter annexed.
Cablevision shall be required to offer video programming 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 tariffed 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 primary service area to those residences within the franchise territory which are located in areas that have a residential density of 25 homes per mile or greater, or areas with less than 25 homes per mile where residents agree to share the costs 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 Township. 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.
Cablevision shall, upon written request, provide free of charge one standard installation and monthly cable television broadcast basic level of 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 Township and used for governmental purposes.
Upon written request from the Township, Cablevision shall provide without charge basic cable modem service to state and local accredited elementary and secondary schools and municipal public libraries in the municipality as follows: 1) one standard installation per school or library campus; 2) one cable modem per installation; 3) cable modem service the term of this agreement for each installation; 4) subject to the terms, conditions and use policies of the provider of the cable modem service as those policies may exist from time to time.
Upon written request from the Township, Cablevision shall provide without charge basic cable modem service to the Township municipal building or other place where the public business is conducted on behalf of the municipality in the municipality as follows: 1) one cable modem per installation; 2) cable modem service for the term of this agreement for each installation; 3) subject to the terms, conditions and use policies of the provider of the cable modem service 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 plant and facilities in the Township:
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.
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 Township, shall remove or relocate its equipment, at its own expense.
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.
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 and currently open on Saturday.
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 Borough 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 municipality in the amount of $25,000. Such bond shall be to insure the faithful performance of its obligations as provided in this franchise.
The rates of the Company for cable television services shall be subject to regulation to the extent permitted by federal and state law.
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 to any person 62 years of age or older who subscribes to the Company's cable television service, subject to the following:
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;
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;
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
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.
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 Township files, in accordance with N.J.S.A. 48:5A-30(d), is capable of serving 60% or more of the households within the Township. 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 municipality 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.
In the event that the service of another multi-channel video program provider not subject to the Township's regulatory authority within the Township creates a significant competitive disadvantage to Cablevision, the Company shall have the right to request from the Township lawful amendments to its franchise that relieve it of burdens which create the unfair competitive situation. Should the Company seek such amendments to its franchise, the parties agree to negotiate in good faith appropriate changes to the franchise in order to relieve the Company of such competitive disadvantages. If the parties can reach an agreement on such terms, 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.
If the parties are unable to reach an agreement on appropriate amendments to the franchise, the Township acknowledges that the Company shall have the right to petition the Board directly for such amendments in accordance with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7; provided, however, the Township shall be under no obligation to support Cablevision's request for such relief from the Board.
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. In the event such subsequent consent does not contain the same terms and conditions as the instant consent, 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 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.
Cablevision shall continue to make available noncommercial public, educational and governmental (PEG) access as described in the application for municipal consent. All Cablevision support for PEG access shall be for the exclusive benefit of Cablevision's subscribers.
The Township agrees that Cablevision 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's provision of PEG access programming on such channel.
Upon written request by the Township, Cablevision shall install one fiber access return feed at a municipally designated building. Upon completion of the installation, Cablevision shall provide the Township, in lieu of the regional PEG channel described in the application, with its own designated channel, which the Township will use exclusively for education and government access.
Cablevision shall have discretion to determine the format and method of transmission of the PEG access programming provided for in this § A301-21.
Cablevision shall provide the Township with a one-time PEG grant of up to $18,500 payable as follows: 1) an initial grant payment of $5,000 within 60 days of the issuance of the certificate of approval by the Board of Public Utilities (the "initial grant"); and 2) a grant of $1,500 provided in annual installments, upon written request by the Township (the "annual grant"). Each installment of the annual grant shall be payable to the Township within 90 days from receipt of the Township's written request. Cablevision shall not be obligated to make any additional payments beyond year 10 of the franchise term.
The Township agrees that the initial grant and the annual grant provided pursuant to Subsection E, shall be used for the exclusive support of PEG access programming, such as the purchase and/or rental of PEG access equipment and facilities. On request, the Township shall provide Cablevision with a certification of compliance with this § A301-21F.
The Company shall have no further obligation to provide any PEG grant payments due and payable after the date upon which the Company converts the municipal consent granted herein to a system-wide franchise in accordance with N.J.S.A. 48:5A-25.1.
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.
[Amended 4-18-2018 by Ord. No. 2018-9]
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.
This ordinance shall take effect upon issuance of a certificate of approval as issued by the Board of Public Utilities.