[HISTORY: Adopted by the Township Council
of the Township of Burlington 7-22-1980; amended 8-12-1980; 12-23-1980 (Ch. IX of the 1975 General Ordinances). Subsequent amendments
noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Chapter 186 of the General Laws of New Jersey, 1972, N.J.S.A. 48:5A-1 et seq.
The Board of Public Utilities of the Department of Energy
of the State of New Jersey.
Futurevision Cable Enterprises, Inc., its servants, employees,
agents, officers, directors and contractors.
The construction, installation and completion of cable television
system facilities, fixtures and other things described and/or referred
to in the company's application and all minutes, correspondence, commitments,
representations and other statements in connection therewith.
The office of Cable Television of the Department of Energy.
The Township of Burlington, County of Burlington, State of
New Jersey.
A.
The Township hereby consents, subject to the terms,
conditions and provisions of this ordinance, to the company's placing
in, upon, along, across, above, under and over the highways, streets,
alleys, sidewalks and public ways of the Township poles, wires, cables,
underground conduits, manholes and other incidental television conductors
and fixtures necessary for the operation and maintenance within the
Township of a cable television system.
B.
The company is hereby granted the use of the streets,
alleys, sidewalks, public ways and public places which are owned by
the Township or in which the Township possesses an easement or right-of-way.
However, no interest in real estate is granted with respect to any
other public property owned by the Township, whether by easement,
right-of-way, title in fee simple, leasehold or otherwise.
C.
The foregoing consent is and shall at all times be
subject also to full and detailed compliance with the Burlington Township
Zoning Ordinance, Land Subdivision Ordinance, all other Township ordinances
and resolutions and all rules, regulations and laws of all applicable
jurisdiction as to all aspects of locations, operations, maintenance
and to every microwave or other receiver or transmitter, studio facilities,
mobile equipment and vehicles, all other facilities, equipment, apparatus
and the like incidental to the origination of programming, the sending
or receiving of signals, and offices, storage, power sources, power
plant, and the like.
A public hearing was held concerning the application by the company for consent by the Township to cable television operations proposed by the company within the Township. The hearing was held after public notice had been given pursuant to the Act. The hearing was open to the public, who were given full right to present comments, information and questions. The Township Council has been satisfied with the answers and information received with respect to said qualifications, proposed construction timetable and arrangements, commitments and plans for construction, operation and maintenance, and has concluded that it is in the best interest of the Township that the consent set forth in § A610-2 of this ordinance hereby be granted.
A.
The consent herein granted in § A610-2 shall expire five years from the effective date of this ordinance.
B.
The consent granted herein shall be subject to renewal
for a period of 10 years only after review of the performance of the
company and the adequacy of the terms of the consent herein granted
in a full public proceeding.
C.
The company shall be required to petition the Board
for a certificate of approval authorizing continued operation during
the period following expiration of the consent granted herein until
such a time that a decision is made by the municipal governing body
relative to the renewal of said consent. Such a petition shall be
filed at least 60 days prior to the expiration of the consent granted
herein.
Pursuant to the terms and conditions of the Act, the company shall, during each year of operations under the consent granted herein, pay to the Township a sum equal to 2% of the gross revenues from all recurring charges in the nature of subscription fees received by the company from subscribers to the company's cable television reception service within the franchise territory referred to under § A610-6.
The consent granted herein to the company shall
apply to all territory within the lawful geographical boundaries of
the Township (subject to such changes in said boundaries which may
occur from time to time in the future) as to which the Township may
consent. As to all questions of boundary location, rights and interests
in property, federal, state, county and/or other governmental or quasi-governmental
rights, privileges, immunities and/or interest in real estate, the
company shall at its own cost and expense cause such investigation
and research to be performed and such procedures to be pursued in
its own name as shall be necessary to gather relevant information
and resolve every such question, and the Township shall never be under
any obligation to perform investigations or research, conduct or prosecute
proceedings, expend legal fees or pay the charges of engineers, surveyors,
title searchers or others, or otherwise take any steps to define,
delineate, establish or clarify the boundaries or rights of the Township.
The company currently is the holder of a franchise
previously issued by the Township. Although the application indicates
that all construction contemplated under the original franchise would
be completed by the end of 1979, this representation was amended at
the time of the hearings to September 1, 1980. No other construction
is proposed based on the existence of a franchise and company's representation.
Company shall complete construction not later than September 1, 1980.
(Appendix 6)[1]
[1]
Editor's Note: A complete copy of the franchise agreement
and all appendixes are on file in the Township offices.
A.
Restoration. In the event the company shall from time
to time disturb any public or private pavement, street surface, curbs,
gutters, sidewalks, driveways, aboveground or below-ground utilities,
lines, fixtures, equipment or other facilities, or trees, shrubs or
other landscaping or surfaces in the natural topography, the company
shall at its sole expense restore and replace such places and things
so disturbed to and in not less than as good condition as existed
prior to each such disturbance. In so doing, the company shall comply
with all then applicable ordinances, resolutions, laws, rulings and
regulations.
B.
Relocation. If at any time during the period of this
consent the Township shall alter or change the grade of any public
street, alley or other way or place, or alter or change the location
or grade of any public water or sewer facility or other utility facility,
the company, upon reasonable notice by the Township, shall, at its
own expense, remove, re-lay and relocate its cables, equipment or
other facilities.
C.
Temporary removal of cables. The company shall, upon
request of the Township, at the company's expense, temporarily raise,
lower or remove its cables and associated facilities in order to facilitate
the moving of buildings, equipment, vehicles and machinery and to
accommodate other like circumstances.
D.
Trimming of trees. The company may, in carrying out
its usual operation, reasonably and prudently trim trees which are
under the jurisdiction of the Township or other public body to the
extent necessary, upon and overhanging public streets, alleys, sidewalks
and places within the Township to prevent the branches of such trees
from coming in contact with the wires and cables of the company. Such
trimming shall not exceed that necessary to maintain proper clearance
for the company's wires and cables.
A.
The company shall, during the entire period of five
years following the effective date of this ordinance, offer cable
television reception service to every present and future dwelling
unit, school, institution and business located and to be located in
the franchise territory described herein, in accordance with the proposal
for provision of services as described in the company's application,
notwithstanding that certain dwelling units, schools, institutions
and businesses may be located, constructed or created as far into
the future as five years following the effective date of this ordinance.
B.
All extensions of service deemed necessary by Township's
governing body shall be carried out and completed by the company promptly
and in a proper manner. All extensions of service deemed necessary
either by said governing body or by the company, or by both of them,
shall be carried out in accordance with the Board's line extension
policy as now promulgated and as may from time to time be changed
and promulgated by the Board in the future.
C.
The company shall provide, free of all installation
and monthly service charges, the initial connections to basic cable
television service for all accredited schools, whether public or private.
Installation of all outlets beyond the first will be on a cost-plus-labor
basis.
D.
Once construction is complete, the company shall provide
a connection with the cable television system to every new dwelling
unit within the Township, the company shall provide that connection
not later than three months following the date of the issuance of
a certificate of occupancy for that dwelling unit, provided that reasonable
advance notice is given by the new owner or resident to the company
concerning his or her desire for service.
A.
During the term of this municipal consent, the company
shall maintain and staff a business office in the area for the purpose
of receiving in person, by mail and by telephone, investigating and
resolving all complaints regarding the quality of service, equipment
malfunctions and similar matters.
B.
The company shall receive and respond promptly to
all such complaints in whatever form or manner received, and the company
shall respond to same during the twenty-four-hour period following
receipt of each such complaint, except the company shall, in the case
of any complaint received on a weekend or holiday, respond not later
than the first business day following receipt of the complaint or
not later than 36 hours after receipt of the complaint (whichever
shall be earlier). The company shall promptly investigate and resolve
all such complaints. The company shall make no charge for receiving,
responding to, investigating and resolving such complaints, nor for
any repair, maintenance or other service to or for a subscriber, arising
out of a complaint or otherwise, except for regular monthly charges
of the same kind and magnitude as are made to all subscribers; provided,
however, that the company shall not be responsible to bear the cost
of repairs necessitated by mistreatment (except by the company) of
the company's equipment and connection to same.
C.
The company shall keep said area business office open
and staffed during normal business hours, and in no event during fewer
hours than 9:00 a.m. through 5:00 p.m., Mondays through Fridays.
D.
The company shall also receive, respond to, investigate and resolve promptly (as set forth in Subsection B above) all telephone complaints during the hours 9:00 a.m. through 10:00 p.m. every day, including weekends and holidays; provided, however, that the company's telephone answering facility may be outside the Township's geographical boundaries and as distant as 15 miles from the Township's boundaries.
The Office of Cable Television of the Department
of Energy of the State of New Jersey is hereby designated as the complaint
officer for the township pursuant to the provisions of N.J.S.A. 48:5A-26B.
All complaints shall be received and processed in accordance with
the provisions of N.J.A.C. 14:17-7.1.
The company shall at its own cost and expense
within 90 days after the company shall have received approval from
the Board, but not later than one day before the date of commencement
of construction, deliver to the Township valid and binding instruments
enforceable by the Township according to their terms as follows:
A.
A bond in form and of surety to be approved by the
Township in the amount of $25,000 which shall remain in effect during
the entire life of the company's cable television franchise consented
to by this ordinance and conditioned upon:
(1)
Faithful performance and no violation of the terms
of the grant of this municipal consent as incorporated in the certificate
of approval, the approval by the Board, the terms and conditions of
all other governmental approvals, permits and licenses, and of all
undertakings by the company as represented in its application as amended
to the Township for municipal consent.
Once constructed, the company shall continuously
operate a cable television system within the Township and continuously
furnish cable television reception service to all subscribers within
the Township.
The Township, having determined the rates proposed
in the company's application for cable television reception service
to be reasonable, hereby approves them as stated therein; provided,
however, that in the event any controlling law requires or permits
or shall in the future require or permit a lesser of preferential
rate to or for any subscriber, said lesser or preferential rate shall
apply and control, and the company shall charge no greater rate. In
the event any such present or future law permits such a lesser or
preferential rate but does not specify the extent of such reduction
or preference, the company, in its discretion and in consultation
with the Township, shall set the rate.
The company shall be required to have the capability
to override at the head end the audio portion of the system simultaneously
on all channels in order to permit the broadcasting of emergency messages
by an authorized representative of the Township, and the company shall
honor every reasonable request made to the Township from time to time
to broadcast such emergency messages. The cost to activate this service
will be paid for by the Township.
The company shall hold and save the Township
harmless from and indemnify and defend the Township against every
claim, loss and liability of every kind arising in any and every way,
directly and indirectly, immediately and consequentially, from:
A.
The grant or use of this municipal consent.
B.
The construction, operation and/or maintenance of
a cable television system and/or incidental fixtures or facilities
within or without the Township.
C.
The acquisition of, or negotiation for the acquisition
of, any interest in real estate, rights or privileges within or without
the Township.
D.
The making, prosecuting or processing of any application
for any governmental approval, permit or license, including all appeals.
E.
All proceedings of every kind by or against the company.
F.
Any act or omission of the company or any of its officers,
directors, employees, agents, contractors, suppliers, materialmen
or affiliated companies.
G.
The exercise or implementation (whether or not proper
or lawful) of any right or privilege expressed or implied hereunder
by law or otherwise arising out of this municipal consent.
H.
In any other way caused, directly or indirectly, by
the company's action, inaction, franchise, operation, maintenance,
construction, installation or the like.
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 coverage policies
naming the Township as an additional insured and insuring against
loss by any and every claim, suit, judgment, execution or demand in
the minimum amount of $100,000 for each person and for each occurrence,
comprehensive general liability as to bodily injury and property damage;
$50,000 for each person and $100,000 for each occurrence, automobile
liability as to bodily injury; $100,000 for each occurrence, automobile
liability as to property damage; and $1,000,000 "umbrella" liability
as to both bodily injury and property damage for each occurrence and
in the aggregate excess of the foregoing coverages. The company shall
assure that no such policy of insurance shall be cancellable without
a minimum of 10 days' notice to the Township. The company shall deliver
to the Township copies of every such policy immediately upon or prior
to the effective date of each.
Except as modified by this ordinance, the following
are hereby incorporated by reference and are and shall continue to
be binding upon the company as the terms and condition of this consent
to the same extent as if set forth verbatim herein except where in
conflict with the provisions of the Cable Television Act and/or FCC Rules and Regulations:
A.
All minutes taken in connection with the company's
application.
B.
All correspondence and other writings and documents
submitted by the company in connection with its application.
C.
The written application of the company and all commitments,
representations and other statements contained therein. The company's
application, which has been filed with the Township Clerk and available
for public inspection, shall upon final adoption of this ordinance
be annexed hereto and made a part hereof.
If any section, paragraph, sentence, clause,
phrase, term, provision or part of this ordinance shall be adjudged
by any court of competent jurisdiction to be invalid or inoperative,
such judgment shall not affect, impair or invalidate the remainder
thereof, but shall be confined in its operation to the section, paragraph,
sentence, clause, phrase, term, provision or part thereof directly
involved in the controversy in which such judgment shall have been
rendered.
A.
The company shall, at a location convenient to Burlington
Township residents, conduct a meeting to which its Burlington Township
subscribers shall be invited to explain and discuss all proposed changes,
or requests and applications for changes, in rates for cable television
reception service and other rates and charges then applicable or sought
to be made applicable to subscribers within the Township. Such meeting
will in no case be held less than 10 days before the events to be
discussed (the rate change or the regulatory proceedings) will take
place.
B.
The company shall give notice, as hereafter provided,
of all proposed or contemplated changes, and requests and applications
for changes, in the configuration of channels used and/or sought or
intended to be used.
C.
The company shall not later than 30 days nor earlier than 60 days in advance of events referred to in Subsections A and B in this section give notice of those events as follows: to the Township by written letter to the Township Clerk, Municipal Building, Old York Road, Burlington, New Jersey, by certified mail, return receipt requested; to subscribers by bill insert to each subscriber; to the public by publication once in a newspaper of general circulation within the Township.
In the event of any change in controlling law
or any change in any controlling regulation or ruling of any federal,
state or other governmental body or agency, each such change shall
be incorporated into this consent effective on and after the applicable
date of each such change.
This consent shall become effective upon receipt
by the Township of timely written notification that the company accepts
the terms and conditions hereof.
