[HISTORY: Adopted by the City Council of the City of Trenton 9-7-1967 as Ch. XXII of the Revised General Ordinances. Amendments noted where applicable.]
For the purpose of this chapter, the following terms, phrases, words and their derivations, shall have the meaning given herein. Such meaning or definition of terms shall be supplemental to those definitions of the Federal Communications Commission, FCC Rules and Regulations, 76.5, 47 CFR 420 (March 1972), as amended, and the Cable Television Act, N.J.S.A. 48:5A-1 et seq., and in no way shall be construed to broaden, narrow, alter or conflict with the federal or state definitions.
- ACT or CABLE TELEVISION ACT
- N.J.S.A. 48:5A-1 et seq.
- The Board of Public Utilities Commission, Department of Energy.
- The grantee of rights under this chapter and is known as "Cable One, Inc."
- The Office of Cable Television within the Department of Energy.
The City hereby grants to the company a nonexclusive franchise to place in, upon, along, across, above, over and under the highways, streets, alleys, sidewalks, public ways and public places in the City poles, wires, cables, underground conduits, manholes and other television conductors and fixtures necessary for the maintenance and operation in the City of a cable television system and cable communications system.
A public hearing concerning the franchise, herein granted to the company, was held after proper public notice, pursuant to the terms and conditions of the Act, such hearing, having been held as above stated, and such hearing having been fully open to the public, and the City having received at such hearing all comments regarding the qualifications of the company to receive this franchise, the City 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.
Duration of franchise; expiration and renewal.
Term. The consent herein granted in § A317-1 shall expire 15 years from the effective date of this chapter.
Renewal. The consent herein granted shall be subject to renewal for a period of 10 years only after review of the performance of the company and the adequacy of the terms of the consent herein granted in a full public proceeding.
The company shall be required to petition the Board for a certificate of approval authorizing continued operation during the period following expiration of the consent granted herein until such time that a decision is made by the City Council relative to the renewal of such contract. Such petition shall be filed at least 60 days prior to the expiration of the consent granted herein.
Franchise fee. Pursuant to the terms and conditions of the Act, the company, during each year of operations under the consent granted herein, shall pay to the City 2 1/2% of the gross revenues from all recurring charges received by the company from subscribers to its cable television reception service in the City.
Franchise territory. The consent granted herein to the company shall apply to the entirety of the City and any property hereafter annexed thereto.
Construction timetable. The company shall complete construction within one year of the date upon obtaining a registered statement from the FCC. The construction shall commence within 90 days alter receipt of such statement.
Conditions of construction.
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 such work.
Relocation. If at any time during the period of this consent, the City shall alter or change the grade of any street, alley or other way or place, the company, upon reasonable notice by the City, shall, at its own expense, remove, relay and relocate its equipment.
Temporary removal of cables. The company shall, upon request of the City, 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. Whenever the request for removal is made by private parties, the cost shall be borne by those same parties.
Removal or trimming of trees. During the exercise of its rights and privileges upon this franchise, the company shall have the authority to trim trees upon and overhanging streets, alleys, sidewalks and public places of the City 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.
Local office. 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 9:00 a.m. to 5:00 p.m., Monday through Friday, except holidays.
Complaint officer. The Office of Cable Television is hereby designated as the complaint officer for the City pursuant to N.J.S.A. 48:5A-26(b). All complaints shall be received and processed in accordance with N.J.S.A.14:17-7.1.
Extension of service. 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 services as described in this 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 Board's line extension policy now or hereafter promulgated.
Emergency uses. The company shall be required to have the capability to override at the head end the audio portion of the system in order to permit the broadcasting of emergency messages by the City Council.
Interconnection. Except as otherwise provided for in this application upon which this chapter is based, in the event that the City determines that it is necessary and feasible for it to contract with the company for the purposes of providing interconnection services, 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 City. Any such interconnection shall be done in accordance with prior FCC authorization and in accordance with Paragraph 22 of the Clarification of Rules, FCC 74384 46 FCC 2d 175 (1974), and FCC Rules and Regulations, 5576 252 (a2) and 5576 252, 41 Fed. Reg. 20665 (June 30, 1976).
Facilities for access to the system. In the event that the City determines that it is necessary and feasible for it to contract with the company for the purpose of providing other specialized services, then the company shall be required to apply to the Board and the FCC for approval to enter into and establish the terms and conditions of such contract. Except as provided in the application, all costs for such application to the Board and the FCC shall be borne by the contractee.
Two-way services. In the event that the City determines that it is necessary and feasible for it to contract with the company for the purpose of providing two-way service, and except to the extent state regulation is pre-empted by the Federal Communications Commission, the company shall be required to apply to the Board for approval to enter into and establish the terms and conditions of such contract.
Except as provided in the application, all costs for such application shall be borne by the contractee. The City and the company hereby acknowledge that state regulation of two-way cable television services has been pre-empted by the Federal Communications Commission, with the exception of state regulation of point-to-point intrastate nonvideo transmission.
The City having determined the rates proposed in the application, and subsequent amendments thereto, for cable television reception service are reasonable, approves them as presented. In the event there shall be the passage of any law permitting preferred rates for senior citizens, such preferred rates shall be made available to the senior citizens of the City.
Performance bond. The company shall post a bond which shall remain in effect for the life of the franchise, in the amount of $25,000.
Liability insurance. 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 City as an insured, and insuring against loss by any such claim, suit, judgment, execution or demand in the minimum amounts of $150,000 per person for any one claim, and $500,000 as to any accident or occurrence and in the minimum amount of $100,000 for property damage as to any one accident or occurrence.
All of the minutes taken in connection with this application, and all of the correspondence submitted in connection therewith, and all of the written commitments contained in the written application, except as modified herein, shall 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, provided that any provisions of the application in conflict with the provisions of the Cable Television Act, N.J.S.A. 48:5A-1 et seq., and/or FCC Rules and Regulations 5576.1 et seq. (1973) as amended and as clarified, FCC Clarification of Rules 37 Fed. Reg. 14288 terms of this grant and such provisions in the application which exceed the FCC Rules and Regulations are considered unenforceable.
If any state or federal agency or body should 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.
There is hereby established a Citizens Advisory Council composed of six members who shall be residents of the City. Members of the Citizens Advisory Council shall be appointed by the City Council for a term of two years; a seventh member, the television classroom studio manager of Trenton High School, shall be ex officio. Except for the ex officio member, the initial term of three members shall be two years, and the initial term of such three members shall be one year; thereafter all members shall be appointed to terms of two years so that three will expire in one year and three the next. The Citizens Advisory Council shall report annually to the City Council or as often as it deems appropriate. One member to be designated by the City Council shall sit on the Board of Directors of the company and have the same rights as other Board of Director members. The Citizens Advisory Council shall monitor the operation and service afforded by the company, and may make such recommendations as it deems appropriate to the company and the City Council.
The City consent shall become effective as of the date upon which the City received written notification that the company accepts the terms and conditions herein.