[HISTORY: Adopted by the governing body of
the Township of Little Falls by Ord. No. 842 (Ch. XXV of the 1995
Revised General Ordinances). Amendments noted where applicable.]
A.
Whereas, the governing body of the Township of Little
Falls (hereinafter referred to as the "Township") determined that
Cablevision of Oakland, Inc., (hereinafter referred to as the company
or Cablevision") had the technical competence and general fitness
to operate a cable television system in the Township, and by prior
ordinance granted its municipal consent for Cablevision to obtain
a nonexclusive franchise for the placement of facilities and the establishment
of a cable television system in the Township.
B.
Whereas, by application for renewal consent filed
with the Township and the Office of Cable Television on or about July
24, 1999, Cablevision has sought a renewal of the franchise.
C.
Whereas, the Township having held public hearings
has made due inquiry to review Cablevision's performance under the
franchise, and to identify the Township's future cable-related needs
and interests and has concluded that Cablevision has substantially
complied with its obligations under the franchise and has committed
to certain undertakings responsive to the Township's future cable-related
needs and interests.
D.
Whereas, the governing body of the Township has accordingly
concluded that the consent should be renewed subject to the requirements
set forth below; and that, provided Cablevision's proposal for renewal
embodies the commitments set forth below, the Township's municipal
consent to the renewal of the franchise should be given;
E.
Now therefore, be it ordained by the governing body
of the Township of Little Falls, County of Passaic, and State of New
Jersey, as follows:
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.
Cablevision of Oakland, 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. Section
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 Section 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 Section 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.,
or as such regulations may be amended.
The governing body of the Township of Little Falls in the
County of Passaic, and the State of New Jersey.
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-11
and N.J.S.A. 48:16, 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 within the portion of the franchise territory, as described
in the application for municipal consent, at tariffed rates for standard
and nonstandard installation. Cablevision shall extend service along
any public right-of-way outside its 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.
[Amended 12-22-2008 by Ord. No. 1060]
Pursuant to the terms and conditions of the Cable Television Act, Cablevision shall pay to the Township, as an annual franchise fee, a sum, as set forth in Chapter 71, Fees, 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 provide, free of charge, one
standard installation and monthly cable television reception service
to all state or locally accredited public schools and all public libraries,
as well as the following municipal buildings located within the Township:
|
Municipal Building, 35 Stevens Avenue
|
|
Civic Center, 19 Warren Street
|
|
DPW Complex, Sindle Avenue
|
|
Singac Fire Company, Main Street
|
|
Enterprise Fire Company, 17 Paterson Avenue
|
|
Great Notch Fire Company, 170 Long Hill Road
|
|
Eagle Hose Company, Wilmore Road
|
|
Community Center, Paterson Avenue
|
|
And to the proposed new Municipal Building upon
completion of the construction.
|
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.
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
Township 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 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 to 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 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.
By the end of the calendar year 2002, the company
shall upgrade the cable system serving the Township of Little Falls.
The upgraded system will be capable of providing a minimum of 80 channels
of programming.
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 Township pursuant to the provisions
of N.J.S.A. 48:5A-26 and any complaints by local subscribers to cable
television reception or service shall be filed directly with the said
office. All complaints shall be reviewed and processed in accordance
with N.J.A.C. 14:17-7.1.
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
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 $5,000,000 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.
[Amended 12-22-2008 by Ord. No. 1060]
Not later than 45 days after the effective date of this franchise, Cablevision shall obtain and maintain, at its sole cost and expense, during the entire term of this agreement, a bond to the municipality in an amount as set forth in Chapter 71, Fees. Such bond shall be to insure the faithful performance of its obligations as provided in this franchise.
The rates of the company shall be subject to
regulation as 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.
In the event that the Township 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-15 and N.J.A.C. 14:17-6.7.
B.
In the event that a nonfranchised multichannel video
programmer provides service to residents of the Township, 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-15 and N.J.A.C. 14:17-6.7 seeking
to amend the ordinance. Such petition shall: (1) indicate the presence
of a nonfranchised competitor(s); (2) identify the basis for Cablevision's
belief that certain provisions of this franchise place it at a competitive
disadvantage; and (3) identify the regulatory burdens to be amended
or repealed in order to eliminate the competitive disadvantage. The
Township shall not unreasonably withhold or object to granting the
company's petition and so amending the ordinance, subject to a petition
to the Board of Public Utilities as provided for in accordance with
N.J.S.A. 48:5A-15 and N.J.A.C. 14:17-6.7.
Upon expiration, termination or revocation of
this ordinance, Cablevision at its sole cost and expense and upon
direction of the Board of Public Utilities, 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.
B.
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 provision
of PEG access programming on such channel.
D.
Upon notification from the Township, Cablevision shall
install the modulator and a forward and reverse return at the Municipal
Building to permit the Township to access the public access channel
directly.
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
writings 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.
