[HISTORY: Adopted by the Board of Health of the Borough of Franklin Lakes 3-12-2003 by Ord. No. 1245. Amendments noted where applicable.]
Cable TV Committee — See Ch. 14.
The municipality hereby grants to the company a nonexclusive franchise to place in, upon, along, across, over and under the highways, streets, alleys, sidewalks, public ways and public places in the municipality poles, wires, cables, underground conduits, manholes and other television conductors and fixtures necessary for the maintenance and operation in the municipality of a cable television system and cable communications system. Construction pursuant to said consent is conditioned upon prior approval of the Board of Public Utilities.
The franchisee will agree to meet or exceed federal and industry standards regarding signal quality in the Borough and will comply with the technical performance requirements as stipulated in N.J.A.C. 14:18-10.2.
The franchisee will comply with the service outage requirements under federal and state law, including but not limited to N.J.A.C. 14:18-3.13.
Upon receiving a written request by the Borough and subject to approval of the Board, Cablevision shall provide the number of subscribers in the Borough and the annual gross revenues received by the company from subscribers in the Borough for cable television reception service. The Borough shall be entitled to review and audit all fees charged by the franchisee to ensure that the municipality receives all fees due to it under the terms of this ordinance.
The rates of the company shall be subject to regulation as permitted by federal and state law. In the event that applicable hereinafter is amended to permit the exercise of regulatory authority over rates, the Borough reserves the right to exercise such authority to the maximum extent permitted by law.
The basic service shall be as defined under the Federal Act and applicable regulations.
The company shall provide access channels for noncommercial public, governmental, and educational entities within the Borough to the extent such access was promised the Borough in the application for municipal consent and this ordinance.
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:
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;
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;
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
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.
In consideration for the rights granted by this ordinance, Cablevision shall provide the Borough with a one-time grant of $15,000 to be used by the Borough to establish a fund for any cable and/or telecommunications purpose in the municipality. Such funding shall be provided by Cablevision within 60 days following the issuance of a certificate of approval by the Board renewing the cable franchise ordinance in the Borough. The company shall provide free standard installations and expanded basic service monthly on up to three outlets in the library and Borough Hall and up to one outlet in all other municipality-owned buildings if requested. Each additional outlet installed, if any, shall be paid for by the facility requesting service on a materials-plus-labor basis. Monthly service charges shall be waived on all additional outlets.
Upon request, the cable franchisee will provide one high-speed internet access via cable modem to each public primary and secondary school and the municipal library in the Borough, provided it is a standard installation. The company shall provide to the Borough, free of charge, one high-speed cable modem and monthly internet access service, including a standard installation, to a designated municipal building.
Cablevision shall meet or exceed all federal and state standards pertaining to customer service in accordance with 47 CFR 309 as may be amended during the term of this ordinance and N.J.A.C. 14:18-3.1 to 14:18-3.24 as may be amended during the term of this ordinance.
The consent herein granted shall expire 10 years from the issuance of a new certificate of approval as issued by the Board of Public Utilities.
If the company seeks a successive consent it shall, prior to the expiration of this consent, apply for a municipal consent and certificate of approval in accordance with the Cable Television Act, N.J.S.A. 48:5A-16, and applicable state and federal rules and regulations. The company shall also petition the Board for a certificate of 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 governing body relative to the renewal of said consent.
Pursuant to the terms and conditions of the Act, the company, shall, during each year of operation under the consent granted herein, pay to the municipality 2% of the gross revenues from all recurring charges in the nature of subscription fees paid by the subscribers for its cable television reception service in the Borough or any amount permitted by the New Jersey Cable Television Act. In the event that the franchise fee is increased by modification of applicable rules and regulations, such increase shall become automatically effective within 90 days following modification allowing such increase.
The consent granted herein to the company shall apply to the entirety of the Borough of Franklin Lakes and any property hereafter annexed thereto.
The company shall be required to proffer service along any public right-of-way to any person's residence or business located in those areas of the franchise territory described herein, in accordance with the proposal for the provision of services as described in the application. Any additional extension of the system will be made in accordance with the provisions set forth in Appendix IV attached to the application.
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.
Relocation. 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 no less than 14 days' prior written notice in order to arrange for the changes required.
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 wires and cables. The company shall take reasonable precautions to prevent damage to such trees. The company will comply with all generally applicable Borough laws, rules and regulations related to the trimming of trees in the public right-of-way.
The company shall provide installation to any person's residence located along public rights-of-way within the Borough at tariffed rates for standard and nonstandard installation and as described in the application for municipal consent. The company shall provide installation to any person's business located along public rights-of-way within the Borough in accordance with the provisions set forth in Appendix IV of the application, the company's commercial line extension policy.
During the term of this franchise and any renewal thereof, the company shall maintain a local business office or agent with adequate personnel and facilities, including telephone lines with toll-free numbers for the municipality. This will be for the purpose of efficiently and expeditiously receiving, investigating and resolving all complaints regarding the quality of service, equipment malfunctions and similar matters. Such local business office shall be open 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 New Jersey Office of Cable Television is hereby designate as the complaint office for the municipality pursuant to N.J.S.A. 48:5A-26(b). All complaints shall be received and processed in accordance with N.J.A.C. 14:17-6.5.
During the period of the franchise hereby granted, the company shall give a bond to the municipality, which bond shall be in the amount of $25,000, in the form annexed to the application for municipal consent incorporated herein.
The company shall provide access time to noncommercial public, governmental and education entities to the extent such access was promised to the Borough in accordance with the application filed and the following:
The cable company shall maintain access studios for use by any interested group in furtherance of producing access programming without charge. The company shall provide a free television-production training course, up to 12 weeks in length, teaching various aspects of production such as camera, directing, lighting, etc. Access studios, equipment and editing facilities shall be available free of charge for interested groups to produce access programs for cablecast on the public access channels. Additional remote camera and lighting equipment shall be made available without charge for field shoots. All studio, editing and remote equipment shall be made available on a first-come, first-serve basis through scheduling with a studio supervisor. Each access studio shall have at least one studio with two cameras, studio board character, generator, and graphic as well as two complete remote equipment sets. Studios shall be open five days per week, and hours shall be established to include daytime and evening hours. The company shall provide technical advice and assistance without charge.
Upon completion of the upgrade, the company shall designate one composite public, educational, and government (PEG) access channel for the exclusive use of the Borough, its residents, and the state-accredited public and private educational institutions located within the Borough. The channel will be available for the Borough's use on a basis of 24 hours a day, seven days a week. The Borough agrees that Cablevision shall retain the right to use the PEG access channel, or a 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 the 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's provision of PEG access programming on such channel.
The cable company shall provide, deliver and install at a public location determined when requested the following equipment to produce access programming:
Three S-VHS 1/3 CCD camcorders with camera control units.
Three shore lapel microphones and necessary cables.
One Panasonic edit controller.
One Panasonic S-V.S. editing player.
One Lowell lighting kit.
One Panasonic MX 12 switcher and audio board.
One Videodisc TM 3000 character generator.
Two Panasonic nineteen-inch color television monitors.
One bogged tripod with dolly.
The cable company shall provide the standard installation of up to three outlets and basic monthly service to the Borough of Franklin Lakes school buildings and Board of Education administration building free of charge. Each additional outlet installation shall be paid for by the institution on a materials-plus-labor basis. Monthly service on such additional outlets shall be charged at the regular rates for additional outlets.
In the event that the municipality determines that is reasonable, necessary and feasible for it to contract with the company or its affiliates for the purpose of providing other specialized services, then the company or its affiliates shall be required to apply to the Board and, if necessary, the Federal Communications Commission for approval to enter into and establish the terms and conditions of such contract. All costs for such application to the Board and/or the Federal Communications Commission shall be borne by the contractee.
The company agrees to maintain and keep in full force and effect, at its sole expense, at all times during the term of this consent, sufficient liability insurance naming the Borough of Franklin Lakes as an additional insured and insuring against loss by any such claim, suit, judgment, execution or demand in the minimum amounts of $5,000,000 combined limit for bodily injury or death to one person or resulting from any one accident and/or property damage resulting from any one accident.
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 broadcast of emergency messages by the Borough. The company shall in no way be held liable for the injury suffered by the Borough or any other person during an emergency if for any reason the Borough is unable to make full use of the cable television system as contemplated herein. The Borough shall also establish reasonable procedures for such uses.
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court or federal or state agency 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 portions hereof.
In the event that any portion of the application or this ordinance is in conflict with the provisions of the Cable Television Act, N.J.S.A. 48:5A-1 et seq., the Federal Cable Communications Policy Act, 47 U.S.C. § 521 et seq., and/or FCC Rules and Regulations, 47 CFR 76.1 et seq., as amended, it shall not be construed as effective.
This ordinance shall not be deemed to authorize the company to enter upon private property for any purpose whatsoever without having the prior consent of the owner of such property.
The Borough finds that the equipment and/or personnel to be provided by the company for public, educational, or governmental use as provided in the application for municipal consent are reasonable.
The cable company agrees that the capabilities of the system shall be maintained as technologically current throughout the duration of the franchise, as compared with other Cablevision of Oakland, LLC, municipalities of comparable size, measured by the number of subscribers in the system and to the extent economically reasonable and commercially practical. Cablevision shall make every effort to deploy advanced technology in the Borough as the technology becomes commercially available and economically feasible.
The company shall provide the Borough Council upon written request with an annual written report, no later than 45 days after the request, each year, regarding changes in rates and programming, service enhancements and compliance with this ordinance and other such matters which may be of interest to the Borough related to the operation of the cable system in the Borough.
All of the commitments and statements contained in the application and any amendment thereto submitted in writing to the Borough by the company, except as modified herein, are binding upon the company as terms and conditions of this consent. The application and any other relevant writings submitted by the company shall be annexed hereto and made a part hereof by reference as long as they do not conflict with state or federal law.
In the event the Borough approves or permits a cable system franchise to operate in the community on terms more favorable or less burdensome than those contained in this ordinance, then such more favorable or less burdensome terms shall be applicable to this franchise, subject to approval of a petition to the Board of Public Utilities as provided for in accordance with N.J.S.A. 48:58:5A-15 and N.J.A.C. 14:17-6.7.
In the event that another multichannel video program provider's service within the Borough creates a significant competitive disadvantage to Cablevision, the company shall have the right to request from the Borough 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 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.
If the parties are unable to reach an agreement on appropriate amendments to the franchise, the Borough 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, that the Borough shall be under no obligation to support Cablevision's request for such relief from the Board.
Cablevision represents and acknowledges that as of the date of its acceptance of this municipal consent competition within the Borough has not yet risen to the level of creating a significant competitive disadvantage sufficient to enable the company to seek relief under this section.
This municipal consent shall become effective as of the date upon which the certificate of approval is issued by the Board of Public Utilities.