[HISTORY: Adopted by the Township Committee of the Township
of West Amwell 11-5-2008 by Ord. No. 21-2008.. Amendments noted where applicable.]
The municipality 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 municipality, 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 municipality of a cable television and communications
system.
For the purpose of this ordinance, the following terms, phrases,
words and their derivations shall have the meanings 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 U.S.C. § 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 Southeast Pennsylvania, LLC."
FCC
The Federal Communications Commission.
PRIMARY SERVICE AREA or PSA
Consists of the area of the municipality 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 municipality 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 municipality,
having received at said public hearings all comments regarding the
qualifications of the company to receive this renewal of municipal
consent, the municipality 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 5A-25, and N.J.A.C. 14:18-13.6.
B. In the event that the municipality shall find that the company has
not substantially complied with the material terms and conditions
of this ordinance, the municipality 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 municipality 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.
A. 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 subscribers for cable television
reception service in the municipality or any higher amount permitted
by the Act or otherwise allowable by law, whichever is greater.
B. Comcast shall report gross revenues in accordance with regulations
set forth by the Board of Public Utilities. Comcast agrees that such
information will be available to the Township from the Board of Public
Utilities upon request.
The consent granted under this ordinance to the renewal of the
franchise shall apply to the entirety of the municipality and any
property subsequently annexed hereto.
A. 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.
B. The company shall extend its plant along public rights-of-way to
all residences and businesses within 150 aerial feet of the operator's
existing plant at no cost beyond the normal installation rate.
C. The company shall extend its plant along public rights-of-way to
all residences and businesses within 100 underground feet of the operator's
existing plant at no cost beyond the normal installation rate.
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. The
company shall comply with all applicable ordinances, resolutions,
laws, rulings and regulations.
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, re-lay or relocate its equipment, at the
expense of the company.
C. Temporary removal of cables. The company shall temporarily, upon
request, raise, lower or remove its cables and wires in order to facilitate
the moving of buildings, vehicles, equipment and machinery, or in
other similar circumstances. Where such property is Township-owned,
the cost of such activity shall be that of the company. Where such
property is privately owned, the cost shall be at the responsibility
of the requesting party.
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. The Township
may request the company to examine specific street(s) for trees in
contact with wires and cables of the company.
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 municipality
upon written request of the Municipality Administrator or 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 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 permitted under law.
The Office of Cable Television is hereby designed as the complaint
officer 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. The municipality shall have the right to request copies
of records and reports pertaining to complaints by municipality 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
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.
The rates of the company shall be subject to regulation as permitted
by federal and state law.
A. The company shall provide total preferred cable television service
on one outlet at no cost to each school in the municipality, public
and private, elementary, intermediate and secondary, provided the
school is within 175 feet of 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 total preferred cable television service
at no cost on one outlet to municipal hall, each police, fire and
emergency management facility and public library in the municipality,
provided the facility is located within 175 feet of active cable distribution
plant. Each additional outlet installed, if any, shall be paid for
on a materials-plus-labor basis by the municipality. Monthly service
charges shall be waived on all additional outlets.
C. The company shall provide free basic Internet service, via high-speed
cable and modem, to one non-networked personal computer in each qualified
existing and future school in the city, public and private, elementary,
intermediate and secondary, at no charge, provided the facility is
located within 175 feet of 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. Within six months of receipt of a renewal certificate of approval,
the company shall provide the municipality with a one-time technology
grant in the amount of $8,000 for the Township's cable and technology
related needs.
A. The company will continue to provide one channel for educational
access use (sometimes, hereinafter, the "educational access channel")
by the South Hunterdon Regional High School (hereinafter, the "high
school"). Educational access programming shall be provided by the
governing bodies of West Amwell Township, the City of Lambertville,
the Borough of Stockton, and Delaware Township (hereinafter, collectively,
the "municipalities"), the high school (together with the municipalities,
the "users") or other designated educational institutions within the
municipalities. Unused capacity may be utilized by the company subject
to the provisions for "fallow time" below.
B. The company does not relinquish its ownership of or ultimate right
of control over a channel by designating it for educational access
use. An educational access user, whether all or any of the users or
other educational or government user, acquires no property or other
interest by virtue of the use of a channel so designated, nor may
it rely on the continued use of a particular channel number, no matter
how long the same channel may have been designated for such use.
C. The company shall not exercise editorial control over any educational
use of channel capacity, except that the company may refuse to transmit
any educational access program or portion of an educational access
program that contains obscenity, indecency, or nudity.
D. Shared use of the channel shall be governed by mutual agreement among
the governing bodies of the users. The users shall be responsible
for developing, implementing, and enforcing rules for the educational
access channel.
E. "Educational access " shall mean the noncommercial use by educational
institutions, such as public or private schools, but not home schools,
community colleges, and universities.
F. Company use of fallow time. Because a blank or under utilized educational
access channel is not in the public interest, in the event that the
users do not fully program the educational access channel, the company
may program unused time on said channel (at its discretion and for
any purpose), subject to reclamation by the municipalities upon no
less than 60 days' written notice.
G. Indemnification. The municipalities shall indemnify the company for
any liability, loss, or damage it may suffer due to any violation
of the intellectual property rights of third parties on the educational
access channel and from claims arising out of the users' rules
for or administration of access.
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 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 $1,000,000
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 municipality 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.
Should any of the federal or state statutes or regulations applicable to the regulation of cable television be modified in any way, such modifications shall be incorporated herein and shall serve to modify the terms of this ordinance. To the extent that any such modifications place limits on permissible terms and conditions, and any such provision of this ordinance becomes invalid by virtue of such modification, §
A181-20, of this ordinance, Severability, shall apply.
This ordinance shall take effect immediately upon issuance of
a renewal certificate of approval from the BPU.