[HISTORY: Adopted by the Township Council
of the Township of Saddle Brook 10-9-2003 by Ord. No. 1293. Amendments noted where
applicable.]
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.
The governing body of the Township of Saddle Brook in the
County of Bergen and the State of New Jersey.
Cablevision of Oakland, 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 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.
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 such system as may be authorized by federal or state regulatory
agencies. Operation and construction, pursuant to said consent, is
conditional upon prior approval of the Board of Public Utilities.
A.Â
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.
B.Â
At the end of the first five years after the issuance
of the certificate of approval by the Board, the Township shall have
the right to conduct a review to determine whether the company has
substantially complied with all material obligations under this ordinance.
In the event that the Township shall determine, as a result of said
review, that the company shall not have substantially complied with
all material obligations under this ordinance, the Township shall
provide the company with written notice of all alleged instances of
noncompliance and an opportunity to cure same within six months. If
the company has not after such notice brought itself into material
compliance, then the Township shall have the right to request that
the Board take appropriate action. Nothing herein shall be deemed
a waiver by the Township or the company of any rights which either
may possess as a matter of law.
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 proffer video
programming service along any public right-of-way to any person's
residence located in the franchise territory as described in the application
for municipal consent, at tariffed rates for standard and nonstandard
installation.
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.
A.Â
Cablevision shall, upon written request, provide free
of charge, one standard installation and monthly cable television
reception service to all state or locally accredited public schools
and all municipal public libraries, as well as municipally owned buildings
used for governmental purposes and located within the Township as
set forth in Exhibit A[1] to this ordinance.
[1]
Editor's Note: Exhibit A is on file in the
Township's offices.
B.Â
The company shall provide to the Township, upon written
request, free of charge, one high-speed cable modem and monthly Internet
access service, including a standard installation to a municipally
designated building. The Township shall be permitted, at its own cost,
to network up to three additional personal computer terminals in the
designated building (four computers in total) to the cable modem provided
by the company. There will not be any monthly service fees for the
single high-speed cable modem and monthly service provided to the
Township.
C.Â
Cablevision shall, upon written request, provide free
of charge, one high-speed cable modem and monthly Internet access
service, including a standard installation service, to all state or
locally accredited elementary and secondary public schools and all
municipal public libraries.
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:
A.Â
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. The company will comply with all road-opening requirements
in the Township unless preempted or otherwise superseded by applicable
federal and state law or regulations.
B.Â
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.
C.Â
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.Â
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 Officer 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 $1,000,000 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 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.
A.Â
In the event that another multichannel video program
provider's service 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.
B.Â
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.
C.Â
Cablevision represents and acknowledges that as of
the date of its acceptance of this municipal consent, competition
within the Township has not yet risen to the level of creating a significant
competitive disadvantage sufficient to enable the company to seek
relief under this section.
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.
A.Â
Cablevision shall continue to make available noncommercial
public, educational and governmental (PEG) access as described in
the application for municipal consent.
B.Â
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.
C.Â
Upon written request by the Mayor's office, Cablevision
shall, within 90 days from receipt of such request, relocate the Township's
PEG access return line from the existing location at Coolidge School
to the Township Municipal Building located at 93 Market Street or
the Township Department of Public Works facility located at 20 Sampson
Street.
D.Â
Cablevision shall continue to provide the Township,
in lieu of the regional public access channel described in the application,
with its own designated PEG channel available for the exclusive use
of the Township of Saddle Brook. The Township's PEG channel shall
be administered by the Mayor's office.
E.Â
In consideration for the rights granted by this ordinance,
Cablevision shall provide a one-time grant of $12,000 to be used by
the Township toward the purchase of PEG access programming and production
equipment. The equipment purchased shall be under the exclusive control
of the Township and may be used solely for noncommercial programming
by the Township, its residents and schools, for the benefit of Cablevision
subscribers within the municipality.
F.Â
Upon written request from the Mayor's office, Cablevision
will offer complimentary training at its public access studio to allow
residents of the Township to be trained in public access television
production.
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:
A.Â
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;
B.Â
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;
C.Â
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
D.Â
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.
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.
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.
This ordinance shall take effect upon-issuance
of a certificate of approval as issued by the Board of Public Utilities.
