[HISTORY: Adopted by the Mayor and Council of the Borough of Norwood 10-3-2000 by Ord. No. 00:14. Amendments noted where applicable.]
For the purpose of this ordinance, the terms defined above shall have the meanings there indicated,[1] 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.
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 this 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 Norwood in the County of Bergen, and the State of New Jersey.
CABLE SYSTEM
A facility consisting of antennas, wire, coaxial cable, amplifiers, towers, microwave links, wave guide, laser beams, optical fibers, optical transmitters and receivers, satellite receive/transmit antennas and/or other 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.
CABLEVISION
The grantee of rights under this Ordinance.
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 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.
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., or as such regulations may be amended.
[1]
Editor's Note: See the preamble to this ordinance, on file in the office of the Borough Clerk.
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.
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 all franchise territory at tariffed rates for standard and nonstandard installation.
A. 
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 said work.
B. 
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 remove, re-lay and relocate its equipment at the expense of the company. The company shall temporarily move or remove appropriate parts of its facilities to allow moving of buildings, machinery or in other similar circumstances. The expense shall be borne by the party requesting such action except when requested by the municipality, in which case the company shall bear the cost.
C. 
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 only be to the extent necessary to maintain proper clearance for the company's facilities.
The company shall give a bond to the Borough of Norwood, which bond shall be in the amount of $25,000. Such bond shall be to insure the faithful performance of all undertakings of the company as represented in its application for municipal consent incorporated herein.
The municipality having reviewed the rates proposed in the application for cable television reception service makes no determination as to their reasonableness but approves them as presented subject to review and regulation by the Board, if permitted by law.
The basic service includes those channels which the company is required to carry by FCC rules and any channel which the company caries as part of its entry level service without a separate or additional charge.
The cable operator shall provide access time to noncommercial, public, governmental and educational entities to the extent such as was promised to the municipality during the application at Page 13, Section IV, Paragraph 5.
The company shall provide the installation of one outlet and basic monthly cable reception service to each school and library in the municipality and to all municipally owned buildings, free of charge. Each additional outlet installation shall be paid for by the institution on a materials-plus-labor basis.
The municipality finds that the equipment and/or personnel to be provided by the company for public, educational or governmental use as provided at Page 13 Section 4 of the Application for Municipal Consent is reasonable.
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 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 use.
Cablevision shall pay as an annual franchise fee a sum equal to 2% percent of the actual gross revenues from all recurring charges in the nature of subscription fees paid by subscribers for its cable television reception services in the Borough. Cablevision shall annually file the reports as required by N.J.S.A. 48:5A-30 and regulations as promulgated from time to time by the Office of Cable Television.
The Norwood Borough Clerk is hereby designated as the complaint officer for the Borough 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. 14:17-6.5.
A. 
Cablevision agrees to maintain and keep in force and effect at its sole cost and expense 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 claim, suit, judgment, execution or demand in the minimum amounts of $1,000,000 for bodily injury or death to any person, and $3,000,000 for bodily injury or death resulting from any one accident or occurrence. Cablevision also agrees to maintain during the term of this consent an excess liability or umbrella policy, naming the Borough as an additional insured, in the minimum amount of $10,000,000.
B. 
The insurance policy or policies maintained pursuant to this section shall contain provisions to the effect that the insurer will not cancel, refuse to renew, or change the insurance without first giving the Borough prior notice of such intention to cancel, change or not renew.
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 such additional periods as may be necessary to effectively serve such purpose.
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 franchise, subject to approval of 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 services 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 Cablevision. In requesting amendments, Cablevision shall file with the Board 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 indicate the presence of a nonfranchised competitor(s); identify the basis for Cablevision's belief that certain provisions of this franchise place it at a competitive disadvantage, and identify the regulatory burdens to the amended or repeated in order to eliminate the competitive disadvantage. The Borough shall not unreasonably withhold or object to granting the company's petition and so amending the franchise ordinance, subject to approval of the petition by 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 is sole cost and expense and upon direction of the Borough and with the approval of the Board of Public Utilities, Office of Cable Television, 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 telecommunication services.
All of the commitments contained in the application and any amendment thereto, or otherwise submitted in writing by Cablevision to the Borough, except as modified herein, are binding upon Cablevision as terms and conditions in this consent. The application and any other writings submitted by Cablevision are incorporated in this ordinance by reference and made a part hereof, except as specifically modified, changed, limited, or altered by this ordinance. If any portion of the application conflicts with state or federal law, the same will not be effective to the extent of the conflict.
Notwithstanding any specific mention of applicable federal or state statutes or regulations above, Cablevision shall comply with all of the requirements of the Federal Act, Federal Regulations, the State Act and State Regulations (to the extent not preempted) and any other valid statute, regulation, rule or promulgation, specifically including, but without limitation, those relating to equal employment opportunity.
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 consent shall become effective as to the date upon which the Board issues a certificate of approval, which confirms Cablevision's acceptance of the provisions of this ordinance.