[HISTORY: Adopted by the Mayor and Council of the Borough of Andover 9-9-1996
by Ord. No. 321. Amendments noted where applicable.]
This ordinance shall be known and may be cited as the "Service Electric
Cable TV of New Jersey, Inc., Franchise Renewal Ordinance."
For the purpose of this ordinance, the following terms, phrases, words
and their derivations shall have the meanings given herein. When not inconsistent
with the context, words used in the present tense include the future, words
in the plural include the singular, and words in the singular include the
plural.
The application for renewal of municipal consent filed with the borough
on or about November 3, 1995.
The Board of Public Utilities of the State of New Jersey.
Any communications service other than cable television reception
service delivered through the facilities of a CATV system and for which charges
in addition to or other than those made for cable television reception service
are made or proposed to be made.
Any person owning, controlling, operating, or managing a cable television
system. The term "person" as used herein shall be construed, without limiting
the generality thereof, to include specifically any agency or instrumentality
of this state or of any of its political subdivisions; but this definition
shall not include a telephone, telegraph or electric utility company regulated
by the Board in a case where it merely leases or rents or otherwise provides
to a CATV company wires, conduits, cables or pole space used in the redistribution
of television signals to or toward subscribers or customers of such CATV company.
Any facility within this state which is operated or intended to be
operated to perform the service of receiving and amplifying the signals broadcast
by one or more television stations and redistributing such signals by wire,
cable or other device or means for accomplishing such redistribution to members
of the public who subscribe to such service; or distributing through its facility
any television signals, whether broadcast or not; or any part of such facility.
The term "facility" as used in this section includes all real property, antennas,
poles, wires, cables, conduits, amplifiers, instruments, appliances, fixtures
and other personal property used by a CATV company in providing service to
its subscribers and customers.
The Borough of Andover, County of Sussex, State of New Jersey, and
shall include, as appropriate, the governing body of the borough.
The grantee of rights under this ordinance awarding a franchise and
is known as "Service Electric Cable TV of New Jersey, Inc."
That federal statute relating to cable communications commonly known
as "47 U.S.C. § 521 et seq.," or as that statute may be amended.
Those federal regulations relating to cable television service, 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 Federal Communications Commission.
Includes every street, road, alley, thoroughfare, way or place of
any kind used by the public or open to use by the public.
Any person, firm, partnership, association, corporation, company
or organization of any kind.
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., or as that
statute may be amended.
Those regulations of the Board relating to cable television, N.J.A.C.
14:17-1.1 et seq. and N.J.A.C. 14:18-1.1 et seq., or as such state regulations
may be amended.
Those revenues derived from all recurring charges in the nature of
subscription fees paid by subscribers located within the borough for cable
television reception service for which no separate or additional charge is
made, i.e., basic cable service. Subscriber revenues shall not include revenues
received as installation charges and fees for reconnections, inspection, repairs
or modifications of any installations. Subscriber revenues shall also not
include any revenues received:
As reimbursement of expense in the operation of any access channels;
As advertising payments;
From the leasing of cable channels;
From programs for which a per-channel, per-program or program/channel
tier charge is made; and
From furnishing other communications and nonbroadcast services either
directly or as a carrier for another party.
A public hearing concerning the renewal of the franchise herein granted
to the company was held after proper public notice pursuant to the terms and
conditions of the state act. Said hearing, having been held as above stated
and having been fully open to the public, and the borough, having received
at said hearing all comments regarding the qualifications of the company to
receive this franchise, hereby finds that the company continues to possess
the necessary legal, technical, character, financial and other qualifications
and that the company's operating and construction arrangements are adequate
and feasible, and that, therefore, the borough hereby grants the company a
nonexclusive consent, franchise, right and privilege (the "franchise") to
construct, erect, operate, modify and maintain, in, upon, along, across, above,
over and under the highways, streets, alleys, sidewalks, public ways and public
places now laid out or dedicated and all extensions thereof, and additions
thereto, in the borough such poles, wires, cables, underground conduits, manholes,
and other television conductors and fixtures necessary for the maintenance
and operation in the borough of a cable television system and cable communications
system for the purpose of distributing television and radio signals, and other
electronic impulses in order to furnish television and radio programs, and
various communications and other electronic services to the public. The right
so granted includes the right to use and occupy said highways, streets, alleys,
public ways and public places, and all manner of easements for the purposes
herein set forth and as provided by the federal and the state act.
The franchise granted the company herein shall expire 15 years from
the date of issuance of a renewal certificate of approval by the Board, and
said franchise shall be automatically renewed for a period of 10 years pursuant
to N.J.S.A. 48:5A-25.
[Amended 4-10-2000 by Ord. No. 346]
Payments to the borough. The company shall, during each year of operation under this franchise, pay to the borough 2% of the annual gross subscriber revenues received by the company for cable television reception services rendered to subscribers located within the borough, as more specifically defined in § A155-2 herein. In the event that state law is modified to permit a higher percentage to be collected by municipalities, the company shall pay and the borough shall be permitted to collect the highest percentage allowed by law.
The borough acknowledges that, under the federal act, municipalities
do not have the authority to regulate the rates the company charges subscribers
for its services.
A.
During the term of this franchise, the company shall
maintain a local business office or agent for the purpose of receiving and
resolving all complaints regarding the quality of service, equipment malfunctions
and similar matters in accordance with N.J.A.C. 14:18-5.1. All complaints
shall be received and processed by the company pursuant to N.J.A.C. 14:17-6.5.
B.
In addition to the requirements of Subsection A of this section, the New Jersey Office of Cable Television (OCTV) is hereby designated as the complaint officer required by N.J.S.A. 48:5A-26 to receive and act upon complaints by subscribers to cable television reception service provided pursuant to this franchise.
A.
The company shall pay, and by its acceptance of this
franchise the company expressly agrees that it will pay, all damages and penalties
which the borough may legally be required to pay as a result of the company's
negligence in the installation, operation or maintenance of the cable television
system authorized herein. The borough shall notify the company's general
manager within 15 days after the presentation of any claim or demand to the
borough, either by suit or otherwise, made against the borough on account
of any negligence or contract as aforesaid on the part of the company.
B.
Furthermore, the company shall carry liability insurance
in the minimum amounts as follows:
(1)
One hundred fifty thousand dollars for bodily injury
or death to any one person, within the limit, however, of $500,000 for bodily
injury or death resulting from any one accident;
(2)
One hundred thousand dollars for property damage resulting
from any one accident; and
(3)
Fifty thousand dollars for all other types of liability.
C.
During the life of the franchise, the company shall give
a bond to the borough in accordance with N.J.S.A. 48:5A-28d, which bond shall
be in the amount of $25,000. Such bond shall be to insure the faithful performance
of all undertakings of the company as represented in the application herein.
A.
Franchise territory. The consent granted under this ordinance
shall apply to the entirety of the borough, and any property hereafter annexed
thereto.
B.
Facilities and equipment. In transmitting its television
signals to subscribers in the borough, the company shall provide a quality
of signal that is at least as good as that customarily provided under prevailing
industry standards, and shall comply with any requirements imposed by the
Federal Regulations, any federal pronouncements, and (to the extent not preempted
by federal law) any state pronouncements relating to technical standards for
the transmission of television signals, transmission quality or facilities
and equipment.
C.
Extension of service.
(1)
The company shall be required to provide service to any
person's residence or business located in the borough, in accordance
with the company's stated installation charges and line extension policy
as set forth in the application or as the same hereafter may be amended.
(2)
For purposes of any new line extension areas, extension
of service shall not be required without a subscriber contribution in aid
of construction into any area where there are less than 35 homes per linear
mile in accordance with the company's line extension policy.
D.
Relocation of poles. In the event that, at any time during
the term of this ordinance, the borough shall lawfully elect to alter or change
the grade of any street, alley or other public way, the company, upon reasonable
notice by the borough, shall remove, relay and relocate its poles, wires,
cables, underground conduits, manholes and other fixtures at the company's
own expense.
E.
Temporary wire changes. The company shall, on the request
of any person holding a valid building moving permit issued by the borough,
temporarily raise or lower its wires to permit the moving of buildings, machinery
or in other similar circumstances. The expense of such temporary removal,
raising or lowering of wires shall be paid by the person requesting the same,
and the company shall have the authority to require such payment in advance.
The company shall be given not less than 10 days' advance notice to arrange
for temporary wire changes.
F.
Tree trimming. The company shall have the authority to
trim trees upon and overhanging streets, highways, alleys, sidewalks and public
places within the borough so as to prevent the branches of such trees from
coming into contact with the wires and cables of the company.
G.
Compliance with standards. All facilities and equipment
of the company shall be constructed and maintained in accordance with the
requirements and specifications of the applicable ordinance and regulations
set forth by the borough and/or any other local, state or federal agencies.
The company shall have the authority to promulgate such rules, regulations,
terms and conditions governing the conduct of its business as shall be reasonably
necessary to enable the company to exercise its rights and perform its obligations
under this franchise and to assure an uninterrupted service to each and all
of its customers; provided, however, that such rules, regulations, terms and
conditions shall not be in conflict with federal and/or state laws.
The company shall not sell or transfer its CATV system to another, nor
transfer any rights under this franchise to another, except as provided in
the state act.
This ordinance and franchise is subject to all provisions of the state
act and federal act and to all lawful rules and regulations of the Board and
OCTV, adopted pursuant thereto. The company shall at all times comply with
the rules and regulations governing cable television operations lawfully promulgated
and adopted by the Board. In the event of a conflict between the state act
and state regulations and any FCC or federal regulations, the FCC or federal
regulations shall prevail.
The company shall not allow its cable or other operations to interfere
with television reception or persons not served by the company, nor shall
the system interfere with, obstruct or hinder in any manner, the operations
of the various utilities serving the residents of the borough.
The company shall provide installation and one outlet of free monthly
basic service in the Municipal Building, Senior Citizen/Community Center,
and Fire House. The free service shall not be available in areas used for
commercial purposes or areas where the public congregates.
All of the statements and commitments contained in the application 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.
If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held invalid, preempted, or unconstitutional by
any court or federal or state agency of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision of this ordinance,
and such holding shall not affect the validity of the remaining portions hereof.
Should any of the federal or state acts, regulations or pronouncements applicable to the regulation of cable television service be modified in any way, such modification, to the extent it embodies required terms and conditions and meaningfully can be incorporated into this ordinance, shall be so incorporated, consistent with any applicable effective dates specified in such modification. To the extent that any such modification places limits on permissible terms and conditions, and any provision of this ordinance becomes invalid by virtue of such modification, the preceding § A155-16 shall apply.
This ordinance shall take effect upon its final passage and publication
according to law.
The company is available to meet with the borough during the franchise
period to address any issue arising under this agreement or in connection
with cable television in general.
