[HISTORY: Adopted by the Mayor and Council
of the Borough of Madison 10-10-2007 by Ord. No. 64-2007.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded
former Ch. A237, Cable Television Franchise, adopted 8-28-1995 by
Ord. No. 37-95.
For the purpose of this ordinance the terms
defined below shall have the meanings there indicated:
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 Borough'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 Borough of Madison in the County
of Morris and the State of New Jersey.
CSC TKR, Inc. ("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 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.
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 Borough 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 Borough 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 Borough 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
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-11
and N.J.S.A. 48:5A-16, and applicable state and federal rules and
regulations. The Company shall also seek approval from the Board 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 Borough 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 Borough and any property
hereafter annexed.
Cablevision shall be required to proffer 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 pay to the Borough an annual
franchise fee, in accordance with N.J.S.A. 48:5A-30.
A.
Upon enactment of this ordinance by the Borough and
issuance of a certificate of approval by the Board, the company shall
provide, upon request and within 90 days, free of charge, one standard
installation and monthly basic cable television service to all state
or locally accredited public, private and parochial schools and all
municipal buildings used for governmental purposes within the Borough.
A preliminary schedule of said properties is attached hereto as Exhibit
A.[1]
[1]
Editor's Note: Exhibit A is included at the end of this chapter.
B.
Upon enactment of this ordinance by the Borough and
issuance of a certificate of approval by the Board, the company shall
provide to one municipal location used for governmental purposes,
without charge, the following within 90 days: (1) one standard installation;
(2) one cable modem per installation; and (3) basic cable modem service
for the term of this ordinance. The Borough shall be permitted to
network, at its own cost, four personal computers terminals to the
cable modem provided by Cablevision. This offer shall be subject to
the reasonable terms, conditions and use policies of the company as
those policies may exist from time to time.
C.
Upon enactment of this ordinance by the Borough and
issuance of a certificate of approval by the Board, the company shall
provide, upon request and within 90 days, to state and locally accredited
public and private and parochial elementary and secondary schools
and municipal public libraries in the Borough, without charge, the
following: (1) one standard installation per school and library; (2)
one cable modem per installation; and, (3) basic cable modem service
for the term of this ordinance for each installation. Each school
and library shall be permitted, at its own cost, to network up to
25 computers to the cable modem provided by Cablevision. This offer
shall be subject to the reasonable terms, conditions and use policies
of the Company, 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 Borough:
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 municipality shall alter or change the grade of any street, alley
or other way or place, the company, upon reasonable notice by the
Borough, shall remove or relocate its equipment, at its own expense.
C.
Upon request of a person holding a building or moving
permit issued by the Borough, 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.
During the exercise of its rights and privileges under
this consent, the company shall have the authority to trim public
trees upon and overhanging streets, alleys, sidewalks and public places
of the Borough 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, and shall be coordinated and
approved by the Borough of Madison Shade Tree Management Board.
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 Office of Cable Television is hereby designated
as the complaint officer for the Borough 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 provide to the Borough at the commencement of this
consent evidence of such insurance, which evidence shall, upon the
request of the Borough, also be provided on an annual basis during
the term hereof.
Cablevision shall obtain and maintain, at its
sole cost and expense, during the entire term of this ordinance, 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 bond shall be filed with the Borough Clerk.
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.
Cablevision shall implement a senior citizen discount
in the amount of 10% off the monthly broadcast basic level of cable
television service rate to any person 62 years of age or older who
subscribes to cable television services provided by the company, subject
to the following:
(1)
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;
(2)
Subscribers seeking eligibility for the discount must
meet the income and residence requirements of the Pharmaceutical Assistance
to Aged and Disabled (PAAD) Program in the state pursuant to N.J.S.A
30:4D-21;
(3)
The senior citizen discount herein relates only to
the entry level basic rate of cable television service, and shall
not apply to any additional service, feature, or equipment offered
by the company, including premium channel services and pay-per-view
services.
(4)
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.
C.
In the event that Cablevision shall be required to
increase the franchise fee in accordance with N.J.S.A. 48-5A-30(d),
then at such time as the new fee is instituted, Cablevision shall
no longer be obligated to maintain or offer the senior discount specified
in § A237-17B above.
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 Borough pursuant to state
and federal requirements. The company shall in no way be held liable
for any injury suffered by the Borough 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
Borough shall utilize the state-approved procedures for such emergency
uses.
A.
In the event that the Borough approves or permits
a cable system to operate in the community on terms more favorable
or less burdensome than those contained in this ordinance, such more
favorable or less burdensome terms shall be applicable in this consent,
subject to a petition to the Board of Public Utilities as provided
for in accordance with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7.
B.
In the event that a nonfranchised multi-channel video
programmer provides service to residents of the Borough, Cablevision
shall have a right to request franchise amendments to this ordinance
that relieve Cablevision of regulatory burdens that create a competitive
disadvantage to the company. In requesting amendments, Cablevision
shall file with the Board of Public Utilities a petition for approval
in accordance with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7 seeking
to amend the ordinance. Such petition shall: i) indicate the presence
of a nonfranchised competitor(s); ii) identify the basis for Cablevision's
belief that certain provisions of this franchise place it at a competitive
disadvantage; and iii) identify the regulatory burdens to be amended
or repealed in order to eliminate the competitive disadvantage. The
Borough shall not unreasonably withhold or object to granting the
company's petition.
C.
In any subsequent municipal consent, the Borough shall
require, at a minimum, the same terms and conditions of any other
provider of multi-channel video programming subject to the Borough'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, the Borough 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.
A.
Cablevision shall continue to make available noncommercial
public, educational and governmental (PEG) access as described in
the application for municipal consent.
(1)
The Borough agrees that the company shall retain the
right to use the PEG access channel, or portion thereof, for non-PEG
access programming, during times when the Borough 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 Borough provision
of PEG access programming on such channel.
(2)
Within 90 days from the effective date of this franchise,
Cablevision shall provide and maintain one access return line at Madison
Public Library located at 39 Keep Street in Madison, New Jersey, for
the production of noncommercial educational and governmental access
programming on the cable system. Upon request of the Borough, Cablevision
shall provide access training at least once every year.
B.
In consideration for the rights granted by this ordinance,
Cablevision shall provide the Borough with an initial one-time grant
of $10,000 (the "initial grant"). Such amount shall be paid within
60 days following the grant of the certificate from the Board. The
grant may be used by the Borough for any cable and/or other telecommunications-related
purpose as the Borough, in its discretion, may deem appropriate. Beginning
in year two of the franchise (measured by the certificate of approval)
and annually thereafter through year 10 of the franchise, Cablevision
shall provide the Borough with an annual amount of $1,500 (the "annual
grant"). Cablevision shall not be obligated to make any additional
payments beyond year 10 of the franchise. The annual grant shall be
payable to the Borough within 60 days from receipt of the Borough's
written request. Notwithstanding the foregoing, should Cablevision
apply for a systemwide certification or otherwise convert its municipal
consent to a systemwide certification in accordance with applicable
law, it shall be relieved of any payments due and owing after the
date of such conversion or award of a systemwide franchise with the
exception of the initial grant.
All of the commitments contained in the application
and any amendment thereto submitted in writing to the Borough 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 by the Board of Public Utilities.
The execution hereof by the Mayor of Madison
shall fulfill the requirement to provide written notice as specified
throughout the agreement.
