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., enacted as Chapter 186 of the General Laws of New Jersey,
1972, and subsequent amendments thereto.
APPLICATION
The application for renewal of municipal consent, which application
is on file in the Borough Clerk's office and is incorporated herein
by reference and made a part hereof, except as modified, changed,
limited or altered by the ordinance.
BOARD
The Board of Public Utilities of the State of New Jersey
or its successor agency.
BOROUGH
The governing body of the Borough of Chatham in the County
of Morris and the State of New Jersey.
CABLEVISION or COMPANY
CSC TKR, Inc., the grantee of rights under this ordinance,
and includes the successors and/or assigns of Cablevision or Cablevision
of Morris.
CABLE SYSTEM
A facility consisting of antennae, wire, co-axial cable,
amplifiers, towers, microwave links, wave guide laser beams, optical
fibers, optical transmitters and receivers, satellite receive/transmit
antennae, and/or equipment designed and constructed for the purpose
of producing, receiving, amplifying, storing, processing, or distributing
audio, video, digital or other forms of electronic, electromagnetic,
optical or electrical signals.
FCC
The Federal Communications Commission.
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.
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. 14:18-1.1 et seq., or as such regulations may be amended.
The Borough hereby grants to Cablevision its
nonexclusive consent to place in, upon, along, across, over and under
the highways, streets, alleys, sidewalks, public ways, and public
places in the Borough poles, wires, cables and fixtures necessary
for the maintenance and operation in the Borough of a cable system.
This renewal of the franchise is subject to the terms and conditions
of this ordinance and upon conditions that Cablevision accepts the
provisions of this ordinance and confirms in writing that it shall
comply therewith and with the commitments included in its application.
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.
This consent granted herein shall be nonexclusive
and shall be for a term of 10 years commencing with the date of final
passage of this ordinance.
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. Cablevision 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 Borough relative to the renewal of said consent.
The Borough may undertake a review of Cablevision's
performance of its obligations under this franchise at any time as
provided for in state law. Upon the reasonable written request of
the Borough, Cablevision and the Borough's designee shall meet at
least annually to review matters relating to cable system services
in the Borough.
The consent granted under this ordinance to
Cablevision shall apply to the entirety of the Borough of Chatham
and any property hereafter annexed.
Cablevision shall, subject to §
A324-9 below, be required to proffer video programming service along any public right-of-way to any person's residence within the portion of the franchise territory, as described in the application for municipal consent, at tariff rates for standard and nonstandard installation.
Cablevision shall extend service along any public
right of way outside its existing 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 Cablevision in its application for municipal consent.
Although nothing herein shall require Cablevision
to carry or transmit any particular television stations or programming
source, Cablevision shall provide the subscribers in the Borough of
Chatham with at least the same broad categories of programming, in
approximately the same or greater quantity, as are now provided, and
which appear in the application.
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 consent.
The application and any other written amendments thereto 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.
This franchise shall be construed in a manner
consistent with all applicable federal, state and local laws. The
Borough reserves the right, subject to the scope of authority granted
by state law, to regulate Cablevision to the extent permitted by federal
law as amended from time to time, during the term of this franchise,
which shall be deemed amended in conformity to such regulations upon
their effective date.
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.
Cablevision agrees that the capabilities of
the system shall be maintained as technologically current throughout
the duration of the franchise, as compared with other Cablevision
systems of comparable size, measured by the number of subscribers
in the system, and to the extent economically reasonable and commercially
practicable. Notwithstanding the foregoing, nothing herein shall obligate
Cablevision to perform a rebuild of the system.
This ordinance shall take effect upon issuance
of a certificate of approval as issued by the Board of Public Utilities.