[Adopted 5-16-2006 by Ord. No. 06-11;
amended in its entirety 7-17-2018 by Ord. No. 18-03]
This article shall be known and may be cited as the "Service
Electric Cable TV of Hunterdon, Inc., Franchise Renewal Ordinance."
The municipality hereby grants to the company its nonexclusive
consent, franchise, right and privilege (the "franchise") to construct,
erect, operate, modify and maintain or place in, upon, along, across,
above, over and under the now laid out or dedicated, and all extensions
thereof, and additions thereto, in the Township such 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 municipality 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. Construction, pursuant
to said consent, is conditioned upon prior approval of the Board of
Public Utilities.
For the purpose of this article, the following terms, phrases,
words, and their derivations shall have the meaning 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. Such meaning or definition
of terms is supplemental to those definitions given by the Federal
Communications Commission, F.C.C. Rules and Regulations 47 C.F.R.
Subsection 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 federal or state definitions.
The application for renewal of municipal consent filed with
the Township on or about January 10, 2018, as modified by the statements
of Service Electric Cable T.V. of Hunterdon, Inc., at the public hearing
held on May 15, 2018.
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 subsection 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 grantee of rights under this article awarding a franchise
and is known as "Service Electric Cable TV of Hunterdon, Inc."
The Federal Communications Commission.
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 C.F.R. 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 C.F.R. 76.3, or as such regulations
may be amended.
As used herein, 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.
The Township of Pohatcong, County of Warren, State of New
Jersey, and shall include, as appropriate, the governing body of the
Township.
A public hearing concerning the renewal of the franchise herein granted to the company was held on May 15, 2018 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 Township, 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 Township hereby grants the company a nonexclusive consent as set forth above in § 264-5.
The franchise granted the company herein shall expire 10 years
from the date of issuance of a renewal certificate of approval by
the Board. The Township reserves the right at any time to seek the
Board's assistance to enforce and/or terminate the franchise according
to applicable laws, rules and regulations for the company's failure
to perform any of its material commitments and obligations as set
forth in this article. If the Township determines that the petitioner
has not complied with the material terms of the article and the petitioner
has been provided with written notice and a reasonable opportunity
to cure, the Township may petition the Board for a reduction of the
franchise term or other appropriate relief. The extent of the reduction
sought from the Board by the Township shall be commensurate with the
nature and extent of the material noncompliance.
A.
The company shall, during each year of operation under this franchise,
pay to the Township 2% of the annual gross revenues received by the
company for cable television reception services rendered to subscribers
located within the Township, or any other amount as may be fixed by
law.
B.
In the event applicable law hereafter permits a larger franchise
fee to be collected, but does not fix the amount thereof, the Township
and the company shall negotiate in good faith with respect to the
amount.
The rates of the company shall be subject to regulation as permitted
by federal and state law. In the event federal and state law is hereafter
amended to permit the exercise of regulatory power over rates by municipalities,
the Township reserves the right to exercise the maximum power permitted
by law.
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. The local office shall be open to receive inquiries and
complaints and to receive payment of bills from subscribers during
normal business hours.
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 pursuant to N.J.S.A. 48:5A-26(b) to receive and act upon complaints by subscribers to cable television reception service provided pursuant to this franchise. All complaints shall be received, processed and maintained in accordance with N.J.A.C. 14:17-6.7 and N.J.S.A. 48:5A-26 and -26.1.
C.
The company shall comply with any and all requirements of the OCTV,
or other appropriate regulatory bodies with respect to telephone accessibility,
facilities and personnel, and shall use reasonable efforts to comply
with any OCTV guidelines relating to the foregoing.
D.
The company shall continue to maintain a telephone number by which
subscribers wishing to communicate with the company for any reason
can reach it by a toll-free or local telephone number 24 hours per
day, seven days per week.
E.
In the event that the company requires the converter or other equipment
provided to a subscriber to be exchanged in order for the subscriber
to maintain his current level of service, the company shall cause
such exchange to be effectuated by delivery of the equipment to the
subscriber's home, and to the extent necessary, at night or on a weekend,
at no cost to the subscriber.
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 Township 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 Township shall
notify the company's general manager within 30 days after the presentation
of any claim or demand to the Township, either by suit or otherwise,
made against the Township on account of any negligence or contract
as aforesaid on the part of the company.
B.
Furthermore, the company shall carry liability insurance in at least
the minimum amounts required by law. The Township shall be named as
an additional insured under the insurance policies.
During the life of the franchise, the company shall give a bond
to the Township in accordance with N.J.S.A. 48:5A-28(d), 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 its application and incorporated herein.
A.
Franchise territory. The consent granted under this article shall
apply to the entirety of the Township, and any property hereafter
annexed thereto.
B.
Facilities and equipment. In transmitting its television signals
to subscribers in the Township, 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. The company shall be required to offer service
to any residents located in those areas of the franchise territory
in accordance with the proposal for the provision of services as described
in the application. Any additional extension of the system will be
made in accordance with the proposal in the application which contemplates
a line extension policy with a homes per mile figure of 35.
D.
Relocation of poles. In the event that, at any time during the term
of this article, the Township shall lawfully elect to alter or change
the grade of any street, alley, or other public way, the company,
upon reasonable notice by the Township, shall remove, relay and relocate
its poles, wires, cables, underground conduits, manholes, and other
fixtures at the company's own expense.
E.
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.
F.
Temporary wire changes. The company shall, on the request of any
person holding a valid building moving permit issued by the Township,
temporarily raise or lower its wires to permit the moving of buildings,
machinery or other similar circumstances. The expense of such temporary
removal, raising or lowering of wires shall be paid by the person
requesting 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.
G.
Tree trimming. The company shall have the authority to trim trees
upon and overhanging streets, highways, alleys, sidewalks, and public
places within the Township so as to prevent the branches of such trees
from coming into contact with the wires and cables of the company.
Such tree trimming shall be performed only to the extent reasonably
necessary to maintain proper clearance for the company's wires and
equipment.
H.
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 Township 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 article 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 of persons not served by the company,
nor shall the system interfere with, obstruct or hinder in any manner
the operation of the various utilities serving the residents of the
Township.
The cable operator shall provide access time to noncommercial
public, governmental and educational entities, currently on Channel
50. This channel is shared with Phillipsburg and other communities
and provides service to Phillipsburg Middle School. The amount of
time available to the Township on the shared channel shall be determined
by the sharing municipalities. The cable operator shall provide the
listed equipment and/or personnel for public, educational or governmental
use, as provided in the application.
The company shall provide installation and basic monthly service,
free of charge, to the governmental services building(s) that exist
now or will exist in the future, including, but not limited to, the
library, Pohatcong Schools, Police Department, Fire Department (including
the Huntington and Warren Glen firehouses), emergency squad(s), and
the municipal building(s). The municipality shall obtain and provide
easements and rights-of-way to the company for the above access. Installation
shall be to each building. The municipality shall be responsible for
all equipment and costs associated with the wiring of the interior
of the buildings to receive the services identified in this paragraph.
All of the statements and commitments contained in the application
and any oral or written amendments thereto, including but not limited
to the amendments made at the March 15, 2018 public hearing 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
as long as they do not conflict with state or federal law.
If any section, subsection, sentence, clause, phrase, or portion
of this article 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 article, 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 article 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 article becomes invalid by virtue of such modification, the separability clause set forth in § 264-19 shall apply.
The company is available to meet with the Township upon reasonable
notice to the company during the franchise period to address any issue
arising under this agreement or in connection with cable television
in general.
The company has agreed to continue its senior citizen's discount
in conformity with law and as reflected in the company's tariff.
Although nothing herein shall require the company to carry or
transmit any particular television stations or programming source,
the company shall provide at least the same broad categories of programming
in at least the same quantity as now provided.
The company shall be required to have the capability to comply
with the Emergency Alert System to permit the broadcasting of emergency
messages. The company shall in no way be held liable of injury suffered
by the municipality or any other person if for any reason the municipality
is unable to make full use of the cable system as contemplated herein.
The municipality shall establish reasonable procedures for such emergency
use and coordination in accordance with applicable state and federal
guidelines and requirements.
