[HISTORY: Adopted by the Board of Health of the Borough of Franklin
Lakes 3-12-2003 by Ord. No. 1245. Amendments
noted where applicable.]
GENERAL REFERENCES
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
The basic service shall be as defined under the Federal
Act and applicable regulations.
F.
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.
G.
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:
(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)
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;
(3)
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
(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.
H.
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.
I.
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.
J.
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.
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. 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.
C.
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:
A.
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.
B.
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.
C.
The cable company shall provide, deliver and install
at a public location determined when requested the following equipment to
produce access programming:
(1)
Three S-VHS 1/3 CCD camcorders with camera control
units.
(2)
Three shore lapel microphones and necessary cables.
(3)
One Panasonic edit controller.
(4)
One Panasonic S-V.S. editing player.
(5)
One Lowell lighting kit.
(6)
One Panasonic MX 12 switcher and audio board.
(7)
One Videodisc TM 3000 character generator.
(8)
Two Panasonic nineteen-inch color television monitors.
(9)
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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.
