[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.
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ACT or CABLE TELEVISION ACT Chapter 186 of the
General Laws of New Jersey 1972, N.J.S.A. 48:5A-1 et seq.
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COMPANY The grantee of rights under this ordinance
and is known as "UA-Columbia Cablevision of New Jersey."
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MUNICIPALITY The Municipality of Allendale,
County of Bergen, in the State of New Jersey.
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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.