[HISTORY: Adopted by the Governing Body of the Borough of Allendale 9-13-1979. Amendments noted where applicable.]
This ordinance shall be known and may be cited as the "Allendale Cablevision Franchise Ordinance."
For the purposes 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 in Federal Communications Commission Rules and Regulations, § 76.5, 47 CFR 420
[37 Fed. Reg. 3278 (February 1972), as amended 37 Fed. Reg. 13864 (July 1972); 37 Fed. Reg. 25844 (December 1972); 40 Fed. Reg. 2690 (January 1975); 41 Fed. Reg. 1063 (February 1976)], 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 or state definitions.
ACT or CABLE TELEVISION ACT Chapter 186 of the General Laws of New Jersey 1972, N.J.S.A. 48:5A-1 et seq.
COMPANY The grantee of rights under this ordinance and is known as "UA-Columbia Cablevision of New Jersey."
MUNICIPALITY The Municipality of Allendale, County of Bergen, in the State of New Jersey.
The municipality hereby grants to the company its consent to place in, upon, along, across, above, over and under the highways, streets, alleys, sidewalks, public ways and public places in the municipality poles, wires, cables, underground conduits, manholes and other television conductors and fixtures necessary for the maintenance and operation in the municipality of a cable television system and cable communications system.
A public bearing concerning the franchise herein granted to the company was held after proper public notice pursuant to the terms and conditions of the Act. Said hearing having been held as above stated, and said hearing having been fully open to the public, and the municipality having received at said hearing all comments regarding the qualifications of the company to receive this franchise, 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.
The consent herein granted shall expire 10 years from the effective date of this ordinance.
The consent granted herein shall be subject to renewal for a period of five years only after a review of the performance of the company and the adequacy of the terms of the consent herein granted in a full public proceeding.
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 received by the company from subscribers to its cable television reception service in the municipality.
The consent granted herein to the company shall apply to the entirety of the municipality and any property hereafter annexed thereto.
The company shall commence construction when the company has received a certificate of approval from the Board of Public Utilities, has filed a registration statement with the Federal Communications Commission and has received all necessary utility licenses to proceed and shall complete significant construction within six months thereafter. The company shall apply for all necessary utility licenses with all reasonable dispatch and shall make every reasonable effort to obtain such licenses as soon as possible. To the extent that this ordinance varies from or is inconsistent with the application of the company incorporated herein, it is the intent hereof that the ordinance shall control.
The company shall be required to proffer service to any person's residence or business located in those areas of the franchise territory described herein in accordance with the proposal for the provision of service as described in the application. Any additional extension of the system which is necessary in the future but not contemplated in the application shall be made in accordance with the Office of Cable Television's line-extension policy now or hereafter promulgated.
A. 
Restoration. In the event that the company or its agents shall disturb any pavement, street surfaces, sidewalks, driveways, or other surfaces in the natural topography, the company shall, at its sole expense, restore and replace such places or things so disturbed in as good condition as existed prior to the commencement of said work, all in compliance with the applicable ordinances of the Borough of Allendale and the laws of the State of New Jersey.
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, at its expense, upon reasonable notice by the municipality, shall remove, relay and relocate its equipment.
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.
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 and public places of the municipality so as to prevent the branches of such trees from coming in contact with the wires and cables of the company. Such trimming shall be only to the extent necessary to maintain proper clearance for the company's wires and cables.
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 from 9:00 a.m. to 5:00 p.m., Monday through Friday.
In the event that the municipality determines that it is necessary and feasible for it to contract with the company for the purposes of providing other specialized services, then the company shall be required to apply to the Board for approval to enter into and establish the terms and conditions of such contract. All costs for such application to the Board shall be borne by the contractee.
The Office of Cable Television is hereby designated as the complaint officer for the Borough of Allendale pursuant to N.J.S.A. 48:5A-26b. All complaints shall be received and processed in accordance with N.J.A.C. 14:17-7.1.
During the period of construction, the company shall give a bond to the Borough of Allendale, which bond shall be in the amount of $25,000, which amount reflects the nature of the undertaking proposed in the application and the information presented during the municipal franchise proceeding. 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 and shall remain in effect for the life of the franchise.
The municipality, having determined that the rates proposed in the application for cable television reception service are reasonable, approves them as presented.
In the event that the municipality determines that it is necessary and feasible for it to contract with the company for the purposes of providing interconnection services, applications shall be made in accordance with Federal Communications Commission Rules and Regulations, §§ 76.252(a)(2) and 76.258, 41 Fed. Reg. 20665 (June 21, 1976).
In the event that the municipality determines that it is necessary and feasible for it to contract with the company for the purposes of providing two-way service, applications shall be made in accordance with Federal Communications Commission Rules and Regulations, §§ 76.252(a)(2) and 76.258, 41 Fed. Reg. 20665 (June 21, 1976).
The company shall install one outlet without charge and make basic service available free of charge at each of the following public buildings in the Borough of Allendale: Hillside Elementary School (Hillside Avenue), Brookside Elementary School (Brookside Avenue), Northern Highlands Regional High School (Hillside Avenue) and Allendale Free Public Library (West Crescent Avenue).
The company agrees to maintain and keep in full force and effect at its sole expense at all times during the term of this consent sufficient liability insurance naming the Borough of Allendale as an insured and insuring against loss by any such claim, suit, judgment, execution or demand in the minimum amounts of $1,000,000 for bodily injury or death to one person, $1,000,000 for bodily injury or death from any one accident and $100,000 for property damage resulting from any one accident.
All of the written commitments contained in the written application except as modified herein are to be considered to be binding upon the applicant as the terms and conditions of this consent, and that application shall be annexed hereto and made a part hereof by reference. This section shall not be construed as making effective any provision herein which is in conflict with the provisions of the Cable Television Act, N.J.S.A. 48:5A-1 et seq., and Federal Communications Commission Rules and Regulations, § 76.1 et seq. (1972), as amended and as clarified, Federal Communications Commission Clarification of Rules, 39 Fed. Reg. 142, 88 through 14300 (April 1974). In addition, to the extent any provision of the application exceeds Federal Communications Commission rules, it is considered unenforceable.
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 such holding shall not affect the validity of the remaining portions hereof.
It is understood that 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.
This municipal consent shall become effective as of the date upon which the municipality receives written notification that the company accepts the terms and conditions herein.