[Added 10-13-2009 by Ord. No. 12-2009[1]]
[1]
Editor's Note: This ordinance also superseded former
Art. II, Garden State Cablevision, added 9-13-1994 by Ord. No. 9-1994.
The Township of Westampton hereby grants to Comcast of Garden
State, L.P. 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 Westampton, 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 Westampton 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 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:
Chapter 186 of the General Laws of New Jersey, and subsequent
amendments thereto, N.J.S.A. 48:5A-1 et seq.
The company's application for renewal of municipal consent.
Any service tier which includes the retransmission of local
television broadcast signals as defined by the FCC.
The Board of Public Utilities, State of New Jersey.
The grantee of rights under this ordinance and known as Comcast
of Garden State, L.P.
The Federal Communications Commission.
The Office of Cable Television of the Board.
Consists of the area of the Township of Westampton currently
served with existing plant as set forth in the map annexed to the
company's application for municipal consent.
The Township of Westampton, County of Burlington, State of
New Jersey.
Public hearings conducted by the Township of Westampton 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.
The Township of Westampton, having received at said public hearings
all comments regarding the qualifications of the company to receive
this renewal of municipal consent and said hearings having been fully
open to the public, 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 in accordance
with the procedures set forth in N.J.S.A. 48:5A-19 and 25, and N.J.A.C.
14:18-13.6 et seq.
B.
In the event that the Township of Westampton shall find that the
company has not substantially complied with the material terms and
conditions of this ordinance, the Township of Westampton 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 Westampton
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 Westampton 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 Westampton
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 Westampton
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 of 35 homes per mile.
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 Westampton shall alter or change the grade of any street,
alley or other way or place the company, upon reasonable notice by
the Township of Westampton, shall remove, relay 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 Township of Westampton 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 Westampton
upon written request of the Township of Westampton Administrator/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 Westampton 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 Westampton 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 Township of Westampton shall have the right
to request copies of records and reports pertaining to complaints
by Township of Westampton 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 Westampton 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. The municipality reserves the right to participate
in any permissible rate regulation as provided by law.
A.
The company shall provide total preferred cable television service
on one outlet at no cost to each school in the Township of Westampton,
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 the Township of Westampton municipal building,
each police, fire, emergency management facility and public library
in the Township of Westampton, provided that 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 Township of Westampton. 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 nonnetworked personal computer in each existing
and future school in the municipality, public and private, elementary,
intermediate and secondary, at no charge, provided that 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.
The company shall provide free basic Internet access via high-speed
cable and 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 active cable distribution plant. The
Internet shall be installed on a personal computer that is accessible
to library patrons and not for administrative use only.
E.
Within 12 months of receipt of a renewal certificate of approval,
the company shall provide the Township with a one-time technology
grant in the amount of $11,300 for the Township of Westampton's
cable- and technology-related needs.
A.
The company will continue to provide one channel for educational
and governmental ("EG") access for shared use by the residents of
the Township of Westampton, Lumberton Township, Mount Holly Township,
Eastampton Township and Hainesport Township (collectively, "municipalities").
The governing bodies of the Township of Westampton, Lumberton Township,
Mount Holly Township, Eastampton Township and Hainesport Township
or a designated educational institution shall provide educational
access video programming. The governing bodies of the Township of
Westampton, Lumberton Township, Mount Holly Township, Eastampton Township
and Hainesport Township shall provide government video programming.
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 EG use. An EG access
user, whether an educational or government user, acquires no property
or other interest by virtue of the use of a channel so designated,
and may not 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
or governmental use of channel capacity, except that the company may
refuse to transmit any educational or governmental access program
or portion of an educational or governmental access program that contains
obscenity, indecency, or nudity.
D.
The governing bodies of the Township of Westampton, Lumberton Township,
Mount Holly Township, Eastampton Township and Hainesport Township
shall be responsible for developing, implementing, and enforcing rules
for EG access channel use which shall ensure that the EG access channel
and the EG access equipment, which shall be provided by the municipalities
or designated educational institution, will be available on a first-come-first-served,
nondiscriminatory basis.
E.
Educational access. Educational access shall mean noncommercial use
by educational institutions such as public or private schools, but
not home schools, community colleges, and universities.
F.
Government access. Government access shall mean noncommercial use
by the governing bodies of the Township of Westampton, Lumberton Township,
Mount Holly Township, Eastampton Township and Hainesport Township,
for showing the public local government at work.
G.
Company use of fallow time. Because blank or underutilized EG channels
are not in the public interest, in the event that the municipalities
or other EG access users elect not to fully program their EG access
channel, the company may program unused time on those channels (at
its discretion and for any purpose), subject to reclamation by the
municipality upon no less than 60 days' written notice.
H.
Indemnification. The Municipalities shall indemnify the company for
any liability, loss, or damage it may suffer due to violation of the
intellectual property rights of third parties on the EG channel and
from claims arising out of the municipalities' 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 Township of Westampton 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 all the representations
made at the public hearings conducted are considered to be binding,
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 Westampton 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.
Should any state or federal agency or body modify, change or
alter any of its provisions with respect to cable television, the
company shall comply with federal and state law.
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.
