[HISTORY: Adopted by the City Council of the City of Paterson 6-30-2004
by Ord. No. 04-082.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Telephone franchise — See Ch. A513.
[1]
Editor's Note: This ordinance also superseded former Ch. A495,
Cable Television Franchise, adopted 3-18-1986 by Ord. No. 86-013.
For the purpose of this ordinance the terms defined above shall have
the meanings there indicated,[1] and the following additional terms shall have the following meanings:
That statute of the State of New Jersey relating to cable television,
known as the "Cable Television Act," N.J.S.A. 48:5A-1 et seq.
Cablevision's application for renewal of municipal consent,
which application is on file in the City Clerk's office and is incorporated
herein by reference and made a part hereof, except as modified, changed, limited
or altered by this ordinance.
The Board of Public Utilities of the State of New Jersey or its successor
agency.
The City of Paterson in the County of Passaic and the State of New
Jersey.
Cablevision of Paterson, LLC ("Cablevision"), the grantee of rights
under this ordinance.
The Federal Communications Commission.
That federal statute relating to cable communications commonly known
as the "Cable Communications Policy Act of 1984," 47 U.S.C. § 521
et seq. and the Telecommunications Act of 1996, or as those statutes may be
amended.
Those federal regulations relating to cable television services,
47 CFR § 76.1 et seq. (and, to the extent applicable, any other
federal rules and regulations relating to cable television, including but
not limited to, those described in 47 CFR § 76.3), or as such regulations
may be amended.
The State of New Jersey.
Those regulations of the State of New Jersey Board of Public Utilities
relating to cable television, N.J.A.C. 14:17-1.1 et seq. and N.J.A.C. 14:18-1
et seq., or as such regulations may be amended.
[1]
Editor's Note: The "terms defined above" refers to the definitions
of "City" and "company" in the preamble to this ordinance. Said terms are
also defined below.
A public hearing concerning the consent herein granted to Cablevision
was held after proper public notice pursuant to the terms and conditions of
the Act. Said hearing having been held and fully open to the public, and the
municipality having received all comments regarding the qualifications of
Cablevision to receive this consent, the City hereby finds Cablevision possesses
the necessary legal, technical, character, financial and other qualifications
to support municipal consent, and that Cablevision's operating and construction
arrangements are adequate and feasible.
The City hereby grants to Cablevision its nonexclusive consent to place
in, upon, along, across, above, over and under its highways, streets, alleys,
sidewalks, public ways and public places in the municipality poles, wires,
cables and fixtures necessary for the maintenance and operation in the City
of a cable television system, and for the provision of any communication service
over such system as may be authorized by federal or state regulatory agencies.
Operation and construction, pursuant to said consent, is conditioned upon
prior approval of the Board of Public Utilities.
This consent granted herein shall be nonexclusive and shall be for a
term of 15 years from the date of issuance of a certificate of approval by
the Board.
If Cablevision seeks successive consent, it shall, prior to the expiration
of this consent, apply for a municipal consent and certificate of approval
in accordance with N.J.S.A 48:5A-16, and applicable state and federal rules
and regulations. The company shall also petition the Board for 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 City
and the Board relative to the renewal of said consent.
The consent granted under this ordinance to Cablevision shall apply
to the entirety of the City and any property hereafter annexed.
Cablevision shall be required to proffer video programming service along
any public right-of-way to any person's residence within the portion
of the franchise territory, as described in the application for municipal
consent, at tariffed rates for standard and nonstandard installation. Cablevision
shall extend service to businesses in accordance with the line extension policy
attached to the application for municipal consent.
Pursuant to the terms and conditions of the Cable Television Act, Cablevision
shall pay to the City, as an annual franchise fee, a sum equal to 2% of the
actual gross revenues received from all recurring charges in the nature of
subscription fees paid by subscribers for its cable television reception services
in the City. In the event applicable law hereinafter permits a larger franchise
fee to be collected, but does not fix the amount thereof, the City and Cablevision
shall negotiate in good faith with respect to the amount thereof.
A.
Cablevision shall, upon written request, provide free
of charge one standard installation and monthly cable television reception
service to all state or locally accredited public and private elementary and
secondary schools and all municipal public libraries, as well as municipal
buildings located within the City that are used for municipal governmental
purposes.
B.
The company shall, upon written request, provide one
standard installation, one cable modem and monthly Internet access to all
state or locally accredited public and private elementary and secondary schools
and the municipal public libraries. Faith school or municipal library shall
be permitted, at its own cost, to network up to 25 personal computer terminals
to the cable modem provided by Cablevision. Upon request, the company shall
provide each public elementary and secondary school and the municipal public
libraries with a basic router at no additional charge.
C.
The company shall provide, free of charge, one standard
installation, one cable modem and monthly Internet access to one municipal
location upon written request by the City. The City shall be permitted to
network up to three additional personal computer terminals in the designated
building (four computers in total) to the cable modem provided by Cablevision.
At the City's request, Cablevision shall pay the costs to network the
four computer terminals to the cable modem provided by the company.
Cablevision shall perform construction and installation of its plant
and facilities in accordance with applicable state and federal law. The company
shall be subject to the following additional construction requirements with
respect to the installation of its plant and facilities in the City:
A.
In the event that the company or its agents shall disturb
any pavement, street surfaces, sidewalks, driveways or other surfaces, the
company shall, at its sole expense, restore and replace such disturbances
in as good a condition as existed prior to the commencement of said work.
B.
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 City, shall remove
or relocate its equipment, at its own expense.
C.
Upon request of a person holding a building or moving
permit issued by the City, 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 not less than 14 days'
prior written notice in order to arrange for the changes required.
D.
During the exercise of its rights and privileges under
this consent, the company shall have the authority to trim trees upon and
overhanging streets, alleys, sidewalks and public places of the City so as
to prevent the branches of such trees from coming in contact with the wires,
cables, conduits and fixtures of the company. Such trimming shall be only
to the extent necessary to maintain proper clearance for the company's
facilities.
E.
In any areas in the City where all utility services,
including telephone and power, are required to be underground, Cablevision
shall also place its cable underground.
Cablevision shall comply with the technical and customer service standards
established for the cable industry under applicable federal and state laws,
rules and regulations.
Cablevision shall establish and maintain during the entire term of this
consent a local area business office or agent for the purpose of receiving,
investigating and resolving complaints regarding the quality of service, equipment
malfunctions and similar matters. With the exception of holidays, said office
shall be open daily during normal business hours, and in no event less than
9:00 a.m. to 5:00 p.m., Monday through Friday, and shall include some night
and/or weekend hours.
The Office of Cable Television is hereby designated as the complaint
officer for the City pursuant to the provisions of N.J.S.A. 48:5A-26. All
complaints shall be reviewed and processed in accordance with N.J.A.C. 14:17-6.5.
Cablevision agrees to maintain and keep in force and effect, at its
sole cost at all times during the term of this consent, sufficient liability
insurance naming the City as an additional insured and insuring against loss
by any such claim, suit, judgment, execution or demand in the minimum amounts
of $1,000,000 for property damage or bodily injury or death to one person
and $2,000,000 for property damage or bodily injury or death resulting from
any one accident or occurrence stemming from or arising out of the company's
exercise of its rights hereunder. In addition, the company will provide a
five-million-dollar umbrella liability policy over and above the above stated
coverage amounts. Cablevision shall provide to the City Clerk copies of the
certificates of insurance setting forth the coverage amounts specified herein.
A.
Cablevision shall continue to host the City of Paterson's
traffic system on its broadband network and shall continually maintain the
network consistent with those technical standards established for the cable
television industry under applicable law so as to be capable of supporting
the City's traffic system. The City of Paterson shall be responsible
for the acquisition, maintenance and operation of all component parts and
ancillary software and equipment needed to operate the traffic system and
for ensuring that its traffic system, inclusive of all of its component parts,
not interfere with the use, operation or maintenance of the broadband network,
including but not limited to the quality of any signals carried thereon. Cablevision
shall provide the City with written notice of any interference problems caused
by the traffic system or any of its components, and the City shall take prompt
action to rectify the problem.
B.
In the event that the City fails to cure any interference
by the traffic system or any of its component parts within 20 days of the
City's receipt of written notice by Cablevision, Cablevision shall have
the right, in its sole discretion, in addition to any other remedies which
Cablevision may possess under law to elect to shut down that portion of the
traffic system or part causing the interference or to correct, repair or replace
the interfering portion of the traffic system or component part at the sole
cost and expense of the City of Paterson. Cablevision shall be permitted to
recoup any costs or expenses which it may incur in correcting, repairing or
replacing any portion of the traffic system or component part hereunder by
deducting any such sums from any franchise fees or other payments due the
City from Cablevision.
The City shall indemnify and save harmless Cablevision and each of its
respective officers, directors, employees, representatives and agents against
any and all claims, actions and suits at law or in equity for all losses,
damages, liabilities, costs and expenses, including reasonable attorney fees,
arising from, directly or indirectly, the City's management, operation,
maintenance and control of the traffic control system, regardless of whether
the City's management, operation, maintenance and control thereof is
exercised directly by the City, its employees, agents or representatives or
indirectly by some other entity operating the City's traffic control
system on the City's behalf
Cablevision shall obtain and maintain, at its sole cost and expense,
during the entire term of this agreement, a bond to the municipality in the
amount of $50,000. Such bond shall be to insure the faithful performance of
its obligations as provided in this franchise.
A.
The rates of the company for cable television services
shall be subject to regulation to the extent permitted by federal and state
law.
B.
Cablevision shall implement a senior citizen discount
in the amount of l0% 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; and,
(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; and,
(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.
Cablevision shall be required to have the capability to override the
audio portion of the system in order to permit the broadcasting of emergency
messages by the City pursuant to state and federal requirements. The company
shall in no way be held liable for any injury suffered by the City 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
City shall utilize the state-approved procedures for such emergency uses.
A.
In the event that another multi-channel video program
provider's service within the City creates a significant competitive
disadvantage to Cablevision, the company shall have the right to request from
the City 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 City
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.
B.
If the parties are unable to reach an agreement on appropriate
amendments to the franchise, the City 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, the City
shall be under no obligation to support Cablevision's request for such
relief from the Board.
C.
Cablevision represents and acknowledges that, as of the
date of its acceptance of this municipal consent, competition within the City
has not yet risen to the level of creating a significant competitive disadvantage
sufficient to enable the company to seek relief under this section.
Upon expiration, termination or revocation of this ordinance, Cablevision,
at its sole cost and expense and upon direction of the Board, shall remove
the cables and appurtenant devices constructed or maintained in connection
with the services authorized herein, unless Cablevision, its affiliated entities
or assignees should, within six months after such expiration, termination
or revocation, obtain certification from the FCC to operate an open video
system or any other federal or state certification to provide telecommunications.
A.
Cablevision shall continue to make available noncommercial
public, educational and governmental (PEG) access as described in the application
for municipal consent.
B.
The company shall provide one public access channel,
one educational access channel and one government access channel on its cable
system, which channels shall be used exclusively for noncommercial programming.
The government access channel and educational access channel shall be under
the exclusive control of the City. Cablevision shall administer the public
access channel and may establish reasonable rules governing access to and
use of the public access studio.
C.
The City agrees that Cablevision shall retain the right
to use the PEG access channel, or portion thereof, for non-PEG access programming,
during times when the City is not utilizing the channel for purposes of providing
PEG access programming. In the event that the company uses said 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 City's
provision of PEG access programming on such channel.
D.
Cablevision shall continue to provide throughout the
duration of this ordinance one access return feed at each of the following
locations to provide for upstream transmission of noncommercial programming
from these facilities to the company's customers using the cable system:
(1)
City Hall located at 155 Market Street, Paterson, New
Jersey;
(2)
John F. Kennedy High School located at 61-127 Preakness
Avenue, Paterson, New Jersey; and
(3)
Public access studio located at 100 Hamilton Plaza, Paterson,
New Jersey or such future site for public access as designated by the City.
E.
In consideration for the rights granted in this ordinance
and upon written request of the City, Cablevision will provide a one-time
grant of $150,000 to assist the City in the purchase of new equipment for
the production and promotion of noncommercial public access programming on
the cable system from the public access studio located within the City. Cablevision
shall not be responsible for making this payment until the City has decided
upon and designated a new public access studio location within the City, secured
its use and readied the building for occupancy. Upon receipt of a written
request from the City and sufficient proof that the conditions for payment
have been met, Cablevision will provide the production equipment grant within
90 days.
F.
Cablevision shall provide training at its public access
studio in the production of programming for the City, its public schools and
residents. These training sessions shall be conducted upon the reasonable
request of the City, its public schools and residents; provided, however,
each training session shall take place at the public access studio and require
a minimum of five participants. The company shall not be obligated to provide
more than 20 hours of training per month.
G.
Upon request, Cablevision will cablecast six Paterson
specific community events per year for the benefit of the company's cable
customers in the City. Cablevision's total commitment for all six events
shall be a minimum of 12 cablecast hours in each calendar year. The cablecasts
will be produced by Cablevision and aired on its cable system. The City shall
have the right to choose which events Cablevision covers, provided it shall
give the company, on or before December 15 of each year, a list of those events
it would like covered for the following calendar year.
H.
Within 60 days following the effective date of the franchise,
Cablevision shall provide a one-time grant to the City of $100,000. The City
agrees that the grant money will be used exclusively for the purpose of funding
City personnel or a third party entity to produce and air City Council meetings
on Cablevision's government access channel. Upon making this payment
to the City, Cablevision will no longer be responsible for such productions
and will turn over these duties exclusively to the City's control.
I.
Cablevision shall pay the City of Paterson $340,000 in
annual compensation for the duration of this franchise for the continued use
of the City's real property at 76-80 North Barclay Street and to help
fund the acquisition, construction, equipping and operation of a new public
access studio/technology center for use by the residents of the City at 75-81
Ellison Street or other designated location during the term of this franchise.
This sum shall continue to be passed through as a line item on customer bills
in the same manner that Cablevision's current lease payments are reflected,
or as otherwise permitted under law. Concomitant with this ordinance, the
City and Cablevision shall enter into a modified site lease for the North
Barclay Street location and subsequently may enter into a lease for the new
public access studio/technology center in lieu of or in addition to the lease
for the North Barclay Street location.
No transfer of this franchise may be exercised without the consent of
the Board. With Board consent, the rights granted to Cablevision by this ordinance
may be exercised by a successor, provided such transferee or assignee remains
bound by all the lawful provisions, terms, conditions and limitations prescribed
in this ordinance.
All of the commitments contained in the application and any amendment
thereto submitted in writing to the City by the company, except as modified
herein, are binding upon Cablevision as terms and conditions of this consent.
The application and any other written amendments thereto submitted by Cablevision
in connection with this consent are incorporated in this ordinance by reference
and made a part hereof, except as specifically modified, changed, limited
or altered by this ordinance, or to the extent that they conflict with state
or federal law.
This consent shall be construed in a manner consistent with all applicable
federal, state and local laws. Should any state or federal agency or body
modify, change or alter any of its provisions with respect to cable television
generally, such modifications, changes or alterations shall be incorporated
into this consent consistent with the applicable dates specified in the change.
If any section, subsection, sentence, clause, phrase, or portion of
this ordinance is for any reason held invalid or unconstitutional by any court
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 portion thereof.
This ordinance shall take effect upon passage, approval and publication
as required by law and the issuance of a certificate of approval as issued
by the Board of Public Utilities.
