[HISTORY: Adopted by the Township Committee
of the Township of Harrison 12-3-2012 by Ord. No. 45-2012. Amendments noted where applicable.]
The title of this Ordinance shall be known as the "Harrison
Township Cable Television Franchise."
The Township of Harrison hereby grants to Comcast renewal of
its nonexclusive municipal consent to place in, upon, across, above,
over and under highways, streets, alleys, sidewalks, easements, public
ways and public places in the Township of Harrison, poles, wires,
cables, underground conduits, manholes and other television conductors,
fixtures, apparatus and equipment as may be necessary for the construction,
operation and maintenance in the Township of Harrison of a cable television
and communications system.
For the purpose of this Ordinance, the following terms, phrases,
words and their derivations shall have the meaning given herein. Such
meaning or definition of terms is supplemental to those definitions
of the Federal Communications Commission (FCC) rules and regulations,
47 CFR Subsection 76.1 et seq., and the Cable Communications Policy
Act, 47 USC. § 521 et seq., as amended, and the Cable Television
Act, N.J.S.A. 48:5A-1 et seq., and shall in no way be construed to
broaden, alter or conflict with the federal and state definitions:
APPLICATION
The company's application for renewal of municipal consent.
BASIC CABLE SERVICE
Any service tier, which includes the retransmission of local
television broadcast signals as defined by the FCC.
BOARD or BPU
The Board of Public Utilities, State of New Jersey.
COMPANY
The grantee of rights under this Ordinance and is known as
Comcast of South Jersey, L.L.C.
FCC
The Federal Communications Commission.
PRIMARY SERVICE AREA or PSA
Consists of the area of the Township of Harrison currently
served with existing plant as set forth in the map annexed to the
company's application for municipal consent.
Public hearings conducted by the Township of Harrison, concerning
the renewal of Municipal Consent herein granted to the Company, were
held after proper public notice pursuant to the terms and conditions
of the Act and the regulations of the Board adopted pursuant thereto.
Said hearings, having been fully open to the public, and the Township
of Harrison, having received at said public hearings all comments
regarding the qualifications of the Company to receive this renewal
of Municipal Consent, the Township of Harrison hereby finds that the
Company possesses the necessary legal, technical, character, financial
and other qualifications and that the Company's operating and
construction arrangements are adequate and feasible.
A. The nonexclusive Municipal Consent granted herein shall expire 15
years from the date of expiration of the previous certificate of approval
issued by the Board with a ten-year automatic renewal as provided
by N.J.S.A. 48:5A-19 and 48:5A-25 and N.J.A.C. 14:18-13.6.
B. In the event that the Township of Harrison shall find that the Company
has not substantially complied with the material terms and conditions
of this Ordinance, the Township of Harrison shall have the right to
petition the OCTV, pursuant to N.J.S.A. 48:5A-47, for appropriate
action, including modification and/or termination of the Certificate
of Approval; provided, however, that the Township of Harrison shall
first have given the Company written notice of all alleged instances
of noncompliance and an opportunity to cure same within 90 days of
that notification.
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 Township of Harrison 2% of the gross revenues from all
recurring charges in the nature of subscription fees paid by subscribers
for cable television reception service in the Township of Harrison
or any higher amount permitted by the Act or otherwise allowable by
law, whichever is greater.
The consent granted under this Ordinance to the renewal of the
franchise shall apply to the entirety of the Township of Harrison
and any property subsequently annexed hereto.
The Company shall be required to proffer service to any residence
or business along any public right-of-way in the Primary Service Area,
as set forth in the Company's Application. Any extension of plant
beyond the Primary Service Area shall be governed by the Company's
line extension policy, as set forth in the Company's Application.
A. Restoration: In the event that the Company or its agents shall disturb
any pavement, street surfaces, sidewalks, driveways, or other surface
in the natural topography, the Company shall, at its sole expense,
restore and replace such places or things so disturbed in as good
a condition as existed prior to the commencement of said work.
B. Relocation: If at any time during the period of this consent, the
Township of Harrison shall alter or change the grade of any street,
alley or other way or place, the Company, upon reasonable notice by
the Township of Harrison, shall remove, re-lay or relocate its equipment,
at the expense of the Company.
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 or other
public places of the Township of Harrison so as to prevent the branches
of such trees from coming in contact with the wires and cable of the
Company. Such trimming shall be only to the extent necessary to maintain
proper clearance of the Company's wire and cables.
In providing services to its customers, the Company shall comply
with N.J.A.C. 14:18-1 et seq. and all applicable state and federal
statutes and regulations. The Company shall strive to meet or exceed
all voluntary company and industry standards in the delivery of customer
service and shall be prepared to report on it to the Township of Harrison
upon written request of the Township of Harrison Clerk.
A. The Company shall continue to comply fully with all applicable state
and federal statutes and regulations regarding credit for outages,
the reporting of same to regulatory agencies and notification of same
to customers.
B. The Company shall continue to fully comply with all applicable state
and federal statutes and regulations regarding the availability of
devices for the hearing impaired and the notification of same to customers.
C. The Company shall use every reasonable effort to meet or exceed voluntary
standards for telephone accessibility developed by the National Cable
Television Association (NCTA).
D. Nothing herein shall impair the right of any subscriber or the Township
of Harrison to express any comment with respect to telephone accessibility
to the Complaint Officer, or impair the right of the Complaint Officer
to take any action that is permitted under law.
The Office of Cable Television is hereby designed as the Complaint
Officer for the Township of Harrison pursuant to N.J.S.A. 48:5A-26b.
All complaints shall be received and processed in accordance with
N.J.A.C. 14:17-6.5. The Township of Harrison shall have the right
to request copies of records and reports pertaining to complaints
by Township of Harrison customers from the OCTV.
During the term of this franchise, and any renewal thereof,
the Company shall maintain a business office or agent in accordance
with N.J.A.C. 14:18-5.1 for the purpose of receiving, investigating
and resolving all local complaints regarding the quality of service,
equipment malfunctions, and similar matters. Such a business office
shall have a publicly listed toll-free telephone number and be open
during standard business hours, and in no event (excepting emergent
circumstances) less than 9:00 a.m. to 5:00 p.m., Monday through Friday.
During the life of the franchise the Company shall give to the
Township of Harrison a bond 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 rates of the Company shall be subject to regulation as permitted
by federal and state law.
A. The Company shall provide expanded basic or a similar tier of cable
television service on one outlet at no cost to each qualified existing
and future school in the Township of Harrison, public and private,
elementary, intermediate and secondary, provided the school is within
175 feet of an active cable distribution plant. Each additional outlet
installed, if any, shall be paid for on a materials-plus-labor basis
by the school requesting service. Monthly service charges shall be
waived on all additional outlets.
B. The Company shall provide expanded basic or a similar tier of cable
television service at no cost on one outlet to each qualified existing
and future police, fire, emergency management facility and public
library in the Township of Harrison, provided the facility is located
within 175 feet of an active cable distribution plant. Each additional
outlet installed, if any, shall be paid for on a materials-plus-labor
basis by the Township of Harrison. Monthly service charges shall be
waived on all additional outlets.
C. The Company shall provide free basic Internet service, via high-speed
cable modem, to one nonnetworked personal computer in each qualified
existing and future public school in the city, elementary, intermediate
and secondary, at no charge provided the facility is located within
175 feet of an active cable distribution plant. The Internet service
shall be installed on a personal computer that is accessible to the
students and not for administrative use only.
D. The Company shall provide free basic Internet access via high-speed
cable modem on one nonnetworked personal computer in each qualified
existing and future public library at no charge provided the facility
is located within 175 feet of an active cable distribution plant.
The Internet service shall be installed on a personal computer that
is accessible to library patrons and not for administrative use only.
A. The Company will comply with the Emergency Alert System (EAS) rules
in accordance with applicable state and federal statutes and regulations.
B. The Company shall in no way be held liable for any injury suffered
by the Township of Harrison or any other person, during an emergency,
if for any reason the Township of Harrison is unable to make full
use of the cable television system as contemplated herein.
The Company shall at all times maintain a comprehensive general
liability insurance policy with a single limit amount of $1,000,000
covering liability for any death, personal injury, property damages
or other liability arising out of its construction and operation of
the cable television system, and an excess liability (or "umbrella")
policy in the amount of $5,000,000.
All of the statements and commitments contained in the Application
or annexed thereto and incorporated therein, and any amendment thereto,
except as modified herein, are binding upon the Company as terms and
conditions of this consent. The Application and other relevant writings
submitted by the Company shall be annexed hereto and made a part hereof
by reference provided same do not conflict with applicable state or
federal law.
Should the Township of Harrison grant a franchise to construct,
operate and maintain a cable television system to any other person,
corporation or entity on terms materially less burdensome or more
favorable than the terms contained herein, the Company may substitute
such language that is more favorable or less burdensome for the comparable
provision of this Ordinance subject to the provisions of N.J.A.C.
14:17-6.7.
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 its validity or unconstitutionality shall not affect
the validity of the remaining portions of the Ordinance.
Nothing in this franchise or in any prior agreement is or was
intended to confer third-party beneficiary status on any member of
the public to enforce the terms of such agreements or franchise.
This Ordinance shall take effect immediately upon issuance of
a renewal certificate of approval from the BPU and upon final passage
and publication in accordance with law.
All prior ordinances or parts of ordinances inconsistent with
this ordinance be and the same are hereby repealed to the extent of
such inconsistencies.