[HISTORY: Adopted by the Township Committee (now Township Council)
of the Township of West Windsor 9-9-2002 by Ord. No. 2002-17. This chapter
also superseded former Ch. 59, Cable Television Franchise, adopted 12-2-1991
by Ord. No. 91-30 (Ch. XXV of the Revised General Ordinances). Amendments
noted where applicable.]
The Township hereby grants to Comcast Cablevision of Central New Jersey.
Inc., 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 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 a cable television system.
For the purpose of this chapter, 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 C.F.R. Subsection 76.1 et seq.,
and the Cable Communications Policy Act, 47 U.S.C. Section 521 et seq., as
amended, and the Cable Television Act, N.J.S.A. 48:5A-l et seq., and shall
in no way be construed to broaden, alter or conflict with the federal and
state definitions:
- ACT or CABLE TELEVISION ACT
- Chapter 186 of the General Laws of New Jersey, and subsequent amendments thereto, N.J.S.A. 48:5A-1 et seq.
- BASIC 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 chapter and is known as "Comcast Cablevision of Central New Jersey, Inc."
- FCC
- The Federal Communications Commission.
- MUNICIPALITY or TOWNSHIP
- The Township of West Windsor, County of Mercer, State of New Jersey.
- OFFICE or OCTV
- The Office of Cable Television of the Board.
- PEG
- Refers to public, educational or governmental access channels.
Public hearings conducted by the Township 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, having received at said public hearings all
comments regarding the qualifications of the company to receive this renewal
of municipal consent, the Township 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. While the municipality has received some complaints alleging
insufficient quality of service, the municipality nevertheless believes it
is in the public interest to renew the company's municipal consent.
A.
The nonexclusive municipal consent granted herein shall expire 10 years from the date of expiration of the previous certificate of approval issued by the Board; however, said Consent shall expire 15 years from the date of expiration of the previous certificate of approval if the company meets its obligations set forth in §§ 59-15A, B and C and 59-16A, B, C, D and E of this chapter. Any dispute between the company and the municipality about whether the company has met its above-referenced obligations shall be resolved in accordance with the rules promulgated by the Board of Public Utilities.
B.
The municipality shall undertake a formal review of the
company's performance during the fourth, eighth, and, if applicable, twelfth
years of the franchise, as measured from the date of expiration of the prior
franchise. Six months prior to the start of each review period, the company
shall notify the municipality of its obligation to undertake such a review.
During any review period, the municipality may request the company to provide
the municipality with its own review of its compliance with the Ordinance.
Nothing herein shall preclude the municipality from initiating a formal review
of the company's performance at any time during the franchise period, nor
preclude the municipality from petitioning the Office of Cable Television
for any relief as allowed by law.
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 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 or any higher amount permitted by the Act or otherwise allowable
by law, whichever is greater. The company shall, on or before the 25th day
of January each year, or such other date as may be designated by regulation
of the Board of Public Utilities, file with the chief fiscal officer of the
Township a statement verifying the company's gross revenues from all recurring
charges in the nature of subscription fees paid by subscribers for cable television
reception service in the Township.
The consent granted under this chapter to the renewal of the franchise
shall apply to the entirety of the Township and any property subsequently
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 all areas of the franchise
territory as described herein, at tariffed rates for standard and nonstandard
installations.
A.
The company commits itself to keeping pace with the state-of-the-art
technology of the cable industry for systems of comparable size and to maintain
the highest degree of product availability, signal integrity and system reliability.
B.
In or about 1997, the company completed an upgrade of
the cable television distribution system serving the Township. The upgraded
system is a hybrid fiber optic/coaxial cable system following a fiber to the
node architecture.
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. Any restoration shall commence
as expeditiously as practical, but in no event more than 10 days after a notice
of violation issued by the municipality.
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, relay or relocate its equipment, at the expense of the company.
C.
Temporary removal of cables. The company shall, upon
request of the municipality at the company's expense, temporarily raise, lower,
or remove its lines in order to facilitate the moving of buildings or machinery
or in other like circumstances. Whenever the request is made by, for, or on
behalf of private parties, the cost will be borne by those same parties. Private
parties will be provided a free cost estimate prior to the commencement of
work.
D.
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 municipality 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 and shall be in accordance with the Township's
Shade Tree Master Plan.
E.
Temporary hookups. Absent good cause shown, the company
shall not maintain and place any temporary installations for a period that
exceeds 30 days. The company shall notify customers with temporary installations
about this thirty-day requirement.
F.
Local ordinances. The company shall be subject to full
and detailed compliance with the Township Zoning Ordinance, Land Subdivision
Ordinance, Site Plan Ordinance and Provisions Applicable to Site Plan and
Subdivision Ordinance; all other Township ordinances and resolutions; and
all rules, regulations and laws of all applicable jurisdictions.
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.
A.
The company shall continue to comply fully with all applicable
state and federal statutes and regulations regarding credits 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 strive to meet or exceed voluntary
standards for telephone accessibility developed by the National Cable Telecommunications
Association (NCTA), as noted below. Those standards include, but are not limited
to, the goal of answering 90% of incoming telephone calls within 30 seconds.
(1)
Telephones will be covered 24 hours a day, seven days
a week. Inquiries received after normal business hours must be responded to
by a trained company representative on the next business day.
(2)
Under normal operating conditions, telephone answer time,
including wait time and the time required to transfer the call, shall not
exceed 30 seconds.
(3)
Under normal operating conditions, callers will receive
a busy signal less than three percent of the time.
(4)
Customer service centers and bill payment locations will
be open during normal business hours and will be conveniently located.
D.
The company shall provide the municipality with the quarterly
reports regarding customer service that it is required to provide to the BPU.
E.
Comcast shall provide the municipality with a procedure
for contacting a technician or manager in the event of an emergency involving
the operation of a PEG channel.
F.
Nothing herein shall impair the right of any subscriber
or the municipality 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 appropriate under law.
G.
The company is permitted, but is not required, to charge
a late fee consistent with applicable state and federal statutes and regulations.
The Office of Cable Television is hereby designated as the complaint
officer for the municipality 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
municipality shall have the right to request copies of records and reports
pertaining to complaints by Township customers from the OCTV.
A.
During the term of this franchise, and any renewal thereof,
the company shall maintain a local business office or agent for the purpose
of 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. Telephone response for such
purposes as mentioned herein will be provided by the company's employees,
representatives or agents 24 hours per day.
B.
The telephone number and address of the local office
shall be listed in applicable telephone directories and in correspondence
from the company to the customer. The telephone number for the local office
shall utilize an exchange that is a non-toll call for Township residents.
A.
During the life of the franchise, the company shall give
to the municipality 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. It is understood
by the parties that this bond money is subject to forfeiture following notice
to Comcast of any material default and failure to cure such default within
a reasonable time period.
B.
The amount of the performance bond shall be increased
if state laws or regulations are amended to require a higher minimum bond,
in which event the company's performance bond shall be in an amount that is
not less than the state minimum, or the company undertakes major construction
or a rebuild of its system, in which case the amount of the performance bond
shall be renegotiated.
The rates of the company shall be subject to regulations as permitted
by federal and state law.
A.
Dedicated governmental access channel. By September 1,
2003, the company shall provide the municipality with a dedicated governmental
access channel for the use by the municipality and its designees for the purpose
of cablecasting noncommercial access programming.
B.
Dedicated fiber return. By September 1, 2003, the company
will construct and maintain at its own expense a dedicated fiber return line
from the Township's Municipal Building to the company's headend, and a return
line from another site of the municipality's choosing to the company's headend.
The company shall install and maintain at a location of the municipality's
choosing a video-sensitive switch allowing the municipality to automatically
switch between the two sites.
C.
Installation of equipment necessary for transmission
of access programming. By September 1, 2003, the company shall, at its own
expense, purchase and install the equipment and wiring necessary for the transmission
of access programming (excluding access equipment) at the Municipal Building,
the West Windsor-Plainsboro School District, and at its headend. Installation
shall be at locations within those facilities to be determined by the municipality,
provided that such installation is technically feasible and economically practical.
D.
Signal quality. The company shall take any steps that are necessary to ensure that the signals originated on the access channel are carried without material degradation and with a signal whose quality is equal to that of the other channels that the company transmits. Any emergency involving operation of a PEG channel shall be handled in accordance with § 59-10E of this chapter.
E.
Dedicated channel for MCCC. The company will continue
to provide cable TV channel number 23 for exclusive use as a Mercer County
Community College cable TV network channel, to be operated and programmed
by the College, and provide equipment necessary to provide and operate a two-way
link by cable or microwave to Mercer County Community College and equipment
necessary to convert baseband video to television (R. F.) in order for the
college to distribute the signal to other municipalities interconnected with
the Network, as well as equipment to accept a television signal from each
municipality. All equipment shall meet or exceed NTSC RS 170 specifications.
A.
Seventy-five thousand dollars technology grant. Within
six months of the issuance of a certificate of approval by the Board of Public
Utilities, the company will provide to the municipality a one-time grant of
$75,000 to support technology initiatives, including but not limited to the
existing television studio at the West Windsor-Plainsboro High School - South.
B.
Twenty thousand dollars to underwrite upgrade of Municipal
Council chambers to allow broadcast quality audio and video. Within six months
of the issuance of a certificate of approval by the Board of Public Utilities,
the company will underwrite the installation of TV taping and editing equipment
in the Municipal Building and the upgrade of the video sound system in the
Council chambers, up to a total of $20,000.
C.
Company shall provide character generator. Within six
months of the issuance of a certificate of approval by the Board of Public
Utilities, the company shall purchase a character generator for the municipality
or provide the cash equivalent.
D.
Continuing obligation to tape and broadcast municipal
events. The company will continue to underwrite its cablecast of Township
Council meetings, municipal candidates and school board candidates debates
and other special events with adequate notice until a municipal TV station
is operational, but for not longer than 18 months from the issuance of the
certificate of approval.
E.
Company to wire all West Windsor-Plainsboro schools to
the classroom. Beginning in February 2003, the company shall provide installation
of one free cable outlet, plus free monthly preferred basic service, to every
instructional space in each school in the West Windsor-Plainsboro School District.
This obligation extends to existing schools and new schools that are built
during the term of the franchise. The installation must be completed no later
than December 31, 2003, for all then-existing schools. Existing schools that
are not yet wired to the instructional space shall be wired in the following
sequence: High School South, Community Middle School, Maurice Hawk School,
Dutch Neck School, Wykoff School. New schools shall be wired within 30 days
of the Certificate of Occupancy. The December 31, 2003, deadline may only
be waived by the municipality in the event the company is denied access to
a school, and in that event the company must immediately notify the municipality
and the school board and the deadline shall be extended for that period of
time in which the company was denied access.
F.
Free basic service to all municipal buildings and agencies.
The company shall continue to provide free preferred basic service to one
drop in the Municipal Building and each fire department, first aid squad,
library, community or senior center, the water plant, and public works building
that is located in or may be constructed within the Township, provided the
facility is located within 200 feet of an active cable distribution plant.
This obligation shall apply to any new facilities that are constructed during
this municipal consent. Installation shall be completed within 30 days of
the certificate of occupancy. The municipality shall notify the company of
any new construction requiring a free drop.
G.
Free internet service to schools and library. The company
shall provide free basic Internet service, via high-speed cable modem, to
one nonnetworked personal computer in each school and public library in the
Township, provided the facility is located within 200 feet of an active cable
distribution plant.
H.
Categories of programming. Although nothing herein shall
require the company to transmit any particular television channel or programming
service, the company shall provide news, sports, entertainment, children's
and foreign language programming, and will make every commercially reasonable
effort to include Asian and Pacific Rim programming.
I.
Annual reporting or service. Company representatives
shall appear at least once annually, upon reasonable written request of the
municipality, at a public hearing of the governing body or its designees to
discuss matters pertaining to the provision of cable service to residents
of the municipality and other related issues as the municipality and company
may see fit.
J.
Proof of performance. The company shall, upon request,
provide the municipality with copies of its semiannual proof-of-performance
tests conducted in accordance with Part 76 Subpart K of Title 47 C.F.R. § 76.601(c)
and maintained in accordance with N.J.A.C. 14:18-9.2(c). The company shall
also, upon request, provide the municipality with the statement indicating
the extent to which the system complies with the applicable standards, maintained
in accordance with N.J.A.C. 14:18-9.2(c).
A.
The company shall be required to fully comply with all
applicable federal and state statutes, rules and regulations governing the
implementation, operation and testing of the Emergency Alert System (EAS).
B.
The company shall in no way be held liable for any damage
or 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 company shall at all times maintain a comprehensive general liability
insurance policy with a single limit amount of $1,000 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 $3,000,000. The company shall
indemnify, protect and hold the Township harmless at all times from and against
all claims for injury and damage to persons or property, both real and personal,
including payments made under Workmen's Compensation Law, arising out of the
construction, erection, operation, repair, installation, replacement and maintenance
of its CATV system or of any structure, equipment or appliance or product
used pursuant to the provisions of the Act or this municipal consent or by
any other act or omission of the company, its agents or employees. The company
shall also provide evidence by certificate of insurance or otherwise of sufficient
insurance insuring the Township and the company with respect to all liability
for any death, personal injury, property damage or other liability arising
out of the company's construction and operation of its CATV system in the
amounts set forth in the application as incorporated herein.
All of the commitments and statements contained in the application and
any amendment thereto submitted in writing to the municipality by the company,
except as modified herein, are binding upon the company as terms and conditions
of this municipal consent. The application and any other relevant writings
submitted by the company shall be considered a part of this chapter and made
a part hereof by reference as long as it does not conflict with state or federal
law. All other agreements between the Township and the company that are in
conflict with the provisions of this agreement are hereby declared invalid
and superseded.
