[HISTORY: Adopted by the Mayor and Council
of the Borough of Leonia 2-4-2019 by Ord. No. 2019-1.[1] Amendments noted where applicable.]
[1]
Editor’s Note: This ordinance also superseded former
Ch. A321, Cable Television Franchise, adopted 6-24-2002 by Ord. No.
05-02.
The municipality hereby grants to Time Warner Cable New York
City LLC, L/k/a Charter Communications, its consent to place in, upon,
along, across, above, over and under 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. All of the commitments and statements
contained in the application for renewal of municipal consent filed
on September 1, 2009, by Time Warner Entertainment Company, L.P.,
the company's predecessor franchisee ("application"), and any
amendment thereto submitted in writing to the municipality by the
company, except as modified herein, shall be binding upon the company
as conditions of this consent, provided they do not conflict with
state or federal law, and subject to change in the ordinary course
of business during the term of this consent. The application, the
contents of which may be modified by company from time to time in
the ordinary course of business, shall be annexed hereto and made
a part hereof by reference.
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 is supplemental to those definitions
of the Federal Communications Commission (47 C.F.R. Part 75.5) 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:
Chapter 186 of the General Laws of New Jersey, 1972, Section 48:5A-1 et seq. as amended.
Is the New Jersey Board of Public Utilities.
The grantee of rights under this chapter and is locally known
as Charter Communications.
The Borough of Leonia, County of Bergen, in the State of
New Jersey.
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, and pursuant to communications with the
Board of Public Utilities, on a date meeting the approval of representatives
of the company. The hearing having been held as above stated and having
been fully open to the public, and the municipality having received
at the 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 date
of issuance by the BPU of a new certificate of approval based upon
this chapter.
If the company seeks a successive consent, it shall, prior to
the expiration of this consent, apply for a municipal consent and
certificate of approval in accordance with the Cable Television Act,
N.J.S.A. 48:5A-11 and 16, and applicable state and federal rules and
regulations, and this consent shall continue in effect during the
period following expiration of the consent granted herein and until
such time that a decision is made relative to the renewal of this
municipal consent.
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 a sum equal to 3 1/2% of the gross revenues,
as defined in section 3 of P.L. 1972, c. 186 (N.J.S.A. 48:5A-3), that
the company derives during the calendar year from cable television
service charges or fees paid by subscribers in the municipality to
the company, or any amount required by the Act or otherwise allowed
by law.
The company shall provide upgrades in services to the residents
of the municipality that are consistent with those upgrades it provides
on a permanent basis to its other subscribers in other similarly situated
municipalities within its Bergen System.
The company will provide one free hook-up with basic cable service
to the following municipal-owned facilities: Leonia Municipal Court,
305 Beechwood Place, first floor, Leonia, NJ 07605; Leonia Middle
School, 500 Broad Avenue, Leonia NJ 07605; Leonia High School, 100
Christie Heights, Leonia, NJ 07605; Anna C. Scott School, 100 Highland
Street, Leonia, NJ 07605; Basement of Borough Hall Annex, 305 Beechwood
Place, Leonia, NJ 07605; and Leonia Recreation Center, 370 Broad Avenue,
Leonia, NJ 07605.
The consent granted herein to the company shall apply to the
entirety of the municipality of the Borough of Leonia, and any property
hereafter annexed by the municipality by law.
The company shall be required to complete any proposed construction
within the service area described in the application.
The company shall be required to proffer service along any public
right-of-way 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 the
application. Any additional extension of the system shall be made
in accordance with the company's line extension policy.
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 a condition
as existed prior to the commencement of said work.
B.
Relocation: If at any time during the period of this consent the
municipality shall, for itself and not for, on behalf of or at the
request of any third party, alter or change the grade of any street,
alley or other public way or place, the company, upon reasonable notice
by the municipality, shall remove, re-lay or relocate its equipment,
at the expense of the company; provided, however, that all other users
of the rights-of-way in the municipality are likewise required to
bear such costs under such circumstances.
C.
Temporary removal of cables. The company shall temporarily move or
remove appropriate parts of its facilities to allow the moving of
buildings or machinery or in other similar circumstances. The expense
thereof shall be borne by the party requesting such action except
when requested by the municipality for itself and not for, on behalf
of or at the request of any third party. In such event, that is, where
the request is made by the municipality for itself and not for, on
behalf of or at the request of any third party, the company shall
bear the cost; provided, however, that all other users of the rights-of-way
in the municipality are likewise required to bear such costs under
such 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 or other
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 facilities.
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.
The present address of the company for such purpose is 200 Roosevelt
Avenue, Palisades Park, New Jersey. Such local business office shall
be open during normal business hours, but in no event less than 9:00
a.m. to 5:00 p.m., Monday through Friday, except holidays.
The Borough Administrator is hereby empowered to receive any
complaints and to process such complaints to the New Jersey Office
of Cable Television & Telecommunications, within the BPU, which
is hereby designated as the complaint officer for the municipality,
pursuant to N.J.S.A. 48:5A-26(b). All complaints shall be received
and processed in accordance with N.J.A.C. 14:17-6.5.
During the life of the franchise, the company shall post a performance
bond to the municipality in the sum of $25,000. Such bond shall be
to insure the faithful performance of all undertakings of the company
as represented in its application.
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 Leonia as an additional
insured and insuring against loss by any claim, suit, judgment, execution
or demand in the minimum amounts of (1) $1,000,000 for bodily injury
or death to any one person; (2) $100,000 for property damage resulting
from any one accident, and (3) $50,000 for all other types of liability;
or for any other amounts statutorily mandated.
The company shall hold the municipality harmless for any liability
arising out of the company's operation and construction of its
cable television system.
A.
Upon request of the municipality, the company shall appear before
the Mayor and Council, no more frequently than annually, unless by
mutual consent, to review the company's performance hereunder,
and to discuss any related issues.
B.
The municipality reserves the right, at any time during the duration
of this municipal consent, to notify the company of a material breach
of the company's obligations hereunder. Such notice shall provide
the company with a description in detail of each such alleged breach,
and shall provide a reasonable time, but no less than 30 days, in
which to cure the alleged breach. If the company fails to cure the
alleged breach within such reasonable time as given, the municipality
shall have the right to refer the matter immediately to the Board
for its administrative review and enforcement.
The company shall not be liable or responsible for, in whole
or in part, any delay or failure to perform any of its obligations
hereunder which may result from accidents, floods, fires, earthquakes,
tornadoes or other acts of God; war, acts of war (whether or not a
declaration of war is made), civil disobedience; civil disturbance,
sabotage or vandalism, customer tampering or interference, or act
of public enemy; strikes, other labor or job actions or unavailability
of materials or equipment; or other events or circumstances beyond
the reasonable control of the company.
A.
The company and the Borough acknowledge that there is a law currently
in effect in New Jersey authorizing cable television companies to
elect to seek state-issued franchises. The company has chosen not
to do so at this time but rather to seek a municipal ordinance that
will be approved by the issuance of a certificate of approval by the
Board. However, the company's decision at this time not to do
so shall not be deemed or construed as a waiver of the company's
right to do so in the future, should it so choose.
B.
Should there be any change in local, state or federal law during
the term of the franchise granted herein which reduces the regulatory
or economic burdens for persons desiring to construct, operate or
maintain a cable television system in the Borough, the municipality,
at the company's request, shall agree with the company to amend
this chapter to similarly reduce the regulatory or economic burdens
on the company. All such amendments must have Board approval to the
extent required by applicable law. It is the intent of this section,
that, at the company's election, the company shall be subject
to no more burdensome regulation or provided no lesser benefits under
this chapter than any other persons that might provide cable television
service in the Borough.
