[HISTORY: Adopted by the Mayor and Council
of the Borough of East Rutherford 1-1-1982 as Sec. 4-16 of the 1982
Recodification. Amendments noted where applicable.]
The purpose of this ordinance is to implement
the federal regulations of the Federal Communications Commission and
the statutes of the State of New Jersey regulating cable television,
N.J.S.A. 48:5A-1 et seq.
As used in this ordinance, the following terms
shall have the meanings indicated:
Any person owning, controlling, operating, managing or leasing
a cable television system within the Borough of East Rutherford.
Any facility within the municipality which operates or intends
to operate 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 signal,
whether broadcast or not, or any part of such facility. For purposes
of this ordinance, "cable television system" or "CATV system" shall
include any cable communications system or any communications service
through the facilities of CATV system and for which charges in addition
to other than those made for cable television reception service are
made or proposed to be made.
The consent of the Mayor and Council.
A written contract between the municipality as grantor and
a cable television company as grantee, which shall cover all the terms
and provisions establishing rights between the grantor and the grantee
with respect to the operation of a cable communication system.
The Council of the Borough of East Rutherford.
The Federal Communications Commission of the United States,
or its successor.
Person, corporation or subsidiary thereof entering into a
contract with the borough, and shall include any lawful successor
to the interest of such person where consent to such successor is
approved under the provisions of this ordinance.
The Borough of East Rutherford, a municipal corporation of
the State of New Jersey, in its present incorporated form or in any
later reorganized, consolidated enlarged or reincorporated forms.
Any person or entity receiving for any purpose any service
of the grantee's cable television system service of retransmission
of cable broadcast, radio signals, grantee's original cablecasting
and the local government, education and public access channels.
Any audio, visual or facsimile signal message, graphics,
data or communication of any kind transmitted on the cable system,
whether analog or digital.
No person shall commence construction, own or
operate any cable television system in the Borough of East Rutherford
until grantee shall enter into a written certification from the FCC
and from the Board of Public Utilities of the State of New Jersey
that the proposed system has met all the requirements of federal regulation
and state statutes.
A.
Performance bond to municipality. Upon entering into
a contract, the grantee shall file with the Borough Clerk and shall
thereafter, annually, during the entire term of such contract, maintain
in full force and effect a corporate surety bond or other adequate
surety agreement in such amount and kind as shall have been approved
by the Council. The bond agreement shall be so conditioned that in
the event that the grantee shall fail to comply with any one or more
of the provisions of this ordinance or of such contract, then there
shall be recoverable, jointly and severally, from the principal and
surety any damages or loss or costs suffered or incurred by the municipality
as a result thereof, including but not limited to attorneys' fees
and costs of any action or proceedings and the full amount of any
compensation, indemnification, cost of removal or abandonment of any
property or other costs which may be in default, up to the full principal
amount of such bond. Said condition shall be a continuing obligation
during the entire term of the contract and thereafter until grantee
shall have satisfied in full any and all obligations to the municipality
which arise out of or pertain to said contract. Neither the provisions
of this section or any bond accepted by the municipality pursuant
hereto, nor any damages recovered by the municipality thereunder,
shall be construed to excuse faithful performance by the grantee or
limit the liability of the grantee under any contract entered into
pursuant to this ordinance or to damages either up to the full amount
of the bond or otherwise.
B.
Performance bond for subscribers. Upon entering into
a contract, the grantee shall file, annually, with the Borough Clerk
and shall thereafter during the entire term of such contract maintain
in full force and effect a corporate surety bond or other adequate
surety agreement in an amount as shall have been approved by the Council.
The bond or agreement shall be so conditioned that in the event that
such grantee shall fail to comply with any one or more of the provisions
of any agreement or undertaking made between grantee and any subscriber,
then there shall be recoverable jointly and severally from the principal
and surety any damages or costs suffered or incurred by any subscriber
as a result thereof, including but not limited to reasonable attorneys'
fees and costs of any action or proceedings. Said condition shall
be a continuing obligation during the entire term of such contract
and thereafter until grantee shall have satisfied in full any and
all obligations to any subscriber which arise out of or pertain to
any such agreement or undertaking.
Grantee shall indemnify and hold harmless the
municipality, its officers, boards, commissions, agents and employees
against and from any and all claims, demands, causes of actions, actions,
suits, proceedings, damages (including but not limited to damages
to municipality property, damages arising out of copyright infringements
and damages arising out of any failure by grantee to secure consents
from the owners, authorized distributors or licensees of programs
to be delivered by grantee's cable television system), costs or liabilities
(including costs or liabilities of the municipality with respect to
its employees), of every kind and nature whatsoever, including but
not limited to damages for injury or death or damage to person or
property and regardless of the merit of any of the same, and against
all liability to others and against all loss, cost and expense resulting
or arising out of any of the same, including any attorneys' fees,
accounting fees, expert witness or consultant fees, court costs, per
diem expense, traveling and transportation expense or other costs
or expenses arising out of or pertaining to the exercise or the enjoyment
of any contract hereunder by grantee or the granting thereof by the
municipality.
A.
The grantee shall, at the sole risk and expense of
the grantee, upon demand of the municipality made by and through the
municipal attorney, appear in and defend any and all suits, actions
or other legal proceedings, whether judicial, quasi-judicial, administrative,
legislative or otherwise, brought or instituted or had by third persons
or duly constituted authorities against or affecting the municipality,
its officers, boards, commissions, agents or employees and arising
out of or pertaining to the exercise or the enjoyment of such contract
or the granting thereof by the municipality.
B.
The grantee shall pay and satisfy and shall cause
to be paid and satisfied any judgment, decree, order, directive or
demand rendered, made or issued against grantee, municipality, its
officers, boards, commissions, agents or employees in any of these
premises; and such indemnity shall exist and continue without reference
to or limitation by the amount of any bond, policy of insurance, deposit,
undertaking or other assurance required hereunder or otherwise, provided
that neither grantee nor municipality shall be or enter into any compromise
or settlement of any claim, demand, cause of action, suit or other
proceedings without first obtaining the written consent of the other.
C.
The provisions of this section shall not be construed
to excuse unfaithful performance by the grantee or limit the liability
of the grantee under this ordinance or the contract for damages.
A.
Any application for a cable communications contract
in the Borough of East Rutherford must be in compliance with N.J.S.A.
48:5A-1 et seq.
B.
In addition, the application must contain the following
information:
(1)
The name, address and telephone number of the applicant.
(2)
A detailed statement of the corporate or other business
entity organization of the applicant, including but not limited to
the following and to whatever extent required by the municipality.
(3)
The names, residences and business addresses of all
officers, directors and associates of the applicant.
(4)
The names, residences and business addresses of all
officers, persons and entities having a controlling or being entitled
to have or control 1% or more of the ownership of the applicant and
the respective ownership share of each such person or entity.
(5)
The names and addresses of any parent or subsidiary
of the applicant, namely, any other business entity owning or controlling
the applicant in whole or in part or owned or controlled in whole
or in part by the applicant and a statement of the nature of any such
parent or subsidiary business entity, including but not limited to
cable television systems owned or controlled by applicant, its parent
and subsidiary and the areas served thereby.
(6)
A detailed description of all previous experience
of the applicant in providing cable television system service and
in related or similar fields.
(7)
A detailed and complete financial statement of the
applicant, its parent and/or its subsidiaries, prepared by a certified
public accountant, for the fiscal year next preceding the date of
the application hereunder, or a letter or other acceptable evidence
in writing from a recognized lending institution or funding source,
addressed to both the applicant and the Common Council, setting forth
the basis for a study performed by such lending institution or funding
source, and a clear statement of its intent as a lending institution
or funding source to provide whatever capital shall be required by
the applicant to construct and operate the proposed system in the
municipality, or a statement from a certified public accountant certifying
that the applicant has available sufficient free, net and uncommitted
cash resources to construct and operate the proposed system in this
municipality.
(8)
A statement identifying, by place and date, any other
cable television contracts awarded to the applicant, its parent or
subsidiary; the status of said contracts with respect to completion
thereof; the total cost of completion of such system(s); and the amount
of applicant's and its parent's or subsidiary's resources commitment
to the completion thereof.
(9)
A statement or schedule setting forth all proposed
classifications of rates and charges to be made against subscribers
and all rates and charges as to each of said classifications, including
installation charges and service charges.
(10)
A copy of the form of any agreement, undertaking
or other instrument proposed to be entered into between the applicant
and any subscriber and between the applicant and any lessee of any
channel.
A.
Term. Any contract awarded by the Council under this
ordinance shall not be for a term of more than 15 years.
B.
Termination. The municipality may terminate any contract
awarded pursuant to the provisions of this ordinance in the event
that:
(1)
The grantee violates any provision of this ordinance
or contract awarded hereunder or any renewal order or determination
made pursuant to this ordinance, except where such violation is without
fault or through excusable neglect;
(2)
The grantee becomes insolvent, unable or unwilling
to pay its debts or is adjudged a bankrupt; or
(3)
The grantee attempts to evade any of the provisions
of this ordinance or practices any deceit upon the municipality.
C.
D.
Renewal of extensions. Any contract awarded pursuant
to the provisions of this ordinance may be renewed or extended by
the municipality, upon application of the grantee in accordance with
the then-existing rules of the FCC and the statutes of the State of
New Jersey.
A.
B.
Limitation on rates. The charges made to subscribers
for services of the grantee hereunder shall be fair, reasonable and
nondiscriminatory. The grantee shall receive no consideration whatsoever
from its subscribers for or in connection with its service to its
subscribers other than in accordance with this section.
D.
Disconnection. There shall be no charge for disconnection
of any of the installations or connections. If a subscriber has failed
to pay a properly due monthly subscriber fee, 60 days after the due
date of said fee, the grantee may cause disconnection of the subscriber's
cable installation; however, upon payment in full of the delinquent
monthly subscriber fee, the grantee shall promptly reinstate the subscriber's
cable service without additional connection charges, unless the connection
has been physically removed from the premises.
Initially, so-called "pay television," in which
additional charges are assessed to subscribers for the privilege of
selecting specific programs, is prohibited. So-called "pay television"
will be permitted only with the permission of the Council.
A.
The Council may require the grantee to maintain and
file such reports, contracts and statements, including but not limited
to ownership, accounting, auditing and operating statements, engineering
reports and other data, which the Council shall deem necessary or
appropriate to administer to the provisions of this ordinance.
B.
The grantee shall provide annually to this Council:
(1)
Copies of all other orders, rules, regulations or
reports that are required to be filed with other regulatory agencies,
including the state and federal government.
(2)
An ownership report indicating all persons who at
any time during the preceding year did control or benefit from an
interest in the contract or the grantee of 1% or more and all creditors,
secured and unsecured, in excess of $1,000.
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All of the above information shall be deemed
public documents and may be examined at reasonable times at written
request.
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(3)
All correspondence among the operator and any of his
agents and all regulators or other government agencies.
(4)
All reports, applications and other documents sent
to or required by any government agency.
(5)
A list of complaints received by the cable operator
or his agents for the preceding years of the term of the agent and
the disposition thereof.
(6)
A log of all requests for access time and the disposition
of those requests.
(7)
All financial records pertaining to the cable operation
for the term of the grant.
A.
All transmission and distribution structures, lines
and equipment erected by the grantee within the municipality shall
be located so as not to interfere with the proper use of streets,
alleys and other public ways and places and to cause minimum interference
with the rights or reasonable convenience of property owners who adjoin
any of said streets, alleys, or other public ways and places and not
to interfere with existing public utility installations. In all areas
of the municipality where the cables, wires or other like facilities
of public utilities are placed underground, the grantee shall place
its cables, wires or other like facilities underground to the maximum
extent existing technology reasonably permits. The grantee shall furnish
to the file of the municipality maps, plats and permanent records
of the location and character of all facilities contracted, including
underground facilities.
B.
In case of any disturbance of pavement, sidewalk,
driveway or other surfacing, the grantee shall at his own expense
and in the manner provided by the borough replace and restore all
paving, sidewalk, driveway or other surface of any street or alley
disturbed.
During the term of a cable television or cable
communications 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,
service, equipment malfunctions and similar matters. Such local business
office shall be open to receive inquiries or complaints from subscribers
during normal business hours and in no event less than 9:00 a.m. to
5:00 p.m., Monday through Friday. Any complaints received from subscribers
other than service complaints shall be investigated at least within
five business days of their receipt, and the results of such investigation
shall promptly be made known to the subscriber. Complaint in the nature
of service complaints shall be investigated and acted upon within
five business days.
In addition to the terms and conditions of § A401-13, the office of the cable television company under contract is hereby designated as the "borough complaint office" to receive and act upon complaints by subscribers to cable television reception service pursuant to a franchise. The complaint officer is to receive and act upon complaints made by subscribers to cable television service of the franchise and otherwise to perform the duties of the complaint officer as provided by N.J.S.A. 48:5A-26. All complaints shall be received by the complaint officer, and he shall promptly notify the franchise of said complaints and within 30 days report in writing to the subscriber making a disposition of the matter. In order to expedite the settlement of complaints and to resolve disputes satisfactorily, the complaint officer shall establish written procedures and methods by which such complaints shall be received, processed, acted upon and resolved and decisions enforced.
[Amended 9-21-1993 by Ord. No. 93-25; 12-16-2003 by Ord. No. 2003-22; 8-10-2004 by Ord. No.
2004-14; 6-18-2013 by Ord. No. 2013-07]
The Borough hereby grants to Comcast renewal of its nonexclusive
consent to place in, upon, along, across, above, over, and under its
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 Borough of a cable television
system or other communications facility, and for the provision of
any communication service over such facilities. Operation and construction,
pursuant to said consent, is conditioned upon prior approval of the
Board of Public Utilities.
For the purpose of this ordinance the terms defined above shall
have the meanings there indicated, and the following additional terms
shall have the following meanings:
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.
Comcast's application for renewal of municipal consent,
which application is on file in the Borough Clerk's office and
is incorporated herein by reference and made a part hereof, except
as modified, changed, limited or altered by this ordinance.
The Board of Public Utilities of the State of New Jersey
or its successor agency.
The governing body of the Borough of East Rutherford in the
County of Bergen, and the State of New Jersey.
Comcast of the Meadowlands, LLC, the grantee of rights under
this ordinance.
The Federal Communications Commission.
That federal statute relating to cable communications commonly
known as the Cable Communications Policy Act of 1984, 47 U.S.C. § 521
et seq. and the Telecommunications Act of 1996, or as those statutes
may be amended.
Those federal regulations relating to cable television services,
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 Section 76.3), or as such
regulations may be amended.
The Office of Cable Television of the Board.
Consists of the area of the municipality currently served
with existing plant as set forth in the map annexed to the company's
application for municipal consent.
The installation of drop cable to a customer's premises
where the distance from the point of entry into the building being
served is less than 150 feet from the active cable television system
plant.
The State of New Jersey.
Those regulations of the State of New Jersey Board of Public
Utilities relating to cable television. N.J.A.C. 14:17-1.1 et seq.
and N.J.A.C. 14:18-1 et seq., or as such regulations may be amended.
A public hearing concerning the consent herein granted to Comcast
was held after proper public notice pursuant to the terms and conditions
of the Act. Said hearing having been held and fully open to the public,
and the municipality having received all comments regarding the qualifications
of Comcast to receive this consent, the Borough hereby finds Comcast
possesses the necessary legal, technical, character, financial and
other qualifications to support municipal consent, and that Comcast's
operating and construction arrangements are adequate and feasible.
A.
The nonexclusive municipal consent granted herein shall expire 15
years from the date of expiration of the previous certificate of approval
issued by the Board.
B.
In the event that the municipality shall find that the company has
not substantially complied with the material terms and conditions
of this ordinance, the municipality shall have the right to petition
the OCTV, pursuant to N.J.S.A. 48:5A-47, for appropriate action, including
modification and/or termination of the certificate of approval; provided,
however, that the municipality shall first have given the company
written notice of all alleged instances of noncompliance and an opportunity
to cure same within 90 days of that notification.
Pursuant to the terms and conditions of the Act, Comcast shall,
during each year of operation under the consent granted herein, pay
to the Borough 2% of the gross revenues from all recurring charges
in the nature of subscription fees paid by subscribers for cable television
reception service in the Borough or any higher amount required by
the Act or otherwise allowable by law, whichever is greater.
The consent granted under this ordinance to Comcast shall apply
to the entirety of the Borough and any property hereafter annexed.
The company shall be required to proffer service to any residence
or business along any public right-of-way in the primary service area,
as set forth in the company's application. The company's
line extension policy, as set forth in the company's application,
shall govern any extension of plant beyond the primary service area.
Comcast shall perform construction and installation of its plant
and facilities in accordance with applicable state and federal law.
Comcast shall be subject to the following additional construction
requirements with respect to the installation of its cable plant and
facilities in the Borough:
A.
In the event that Comcast or its agents shall disturb any pavement,
street surfaces, sidewalks, driveways or other surfaces, Comcast shall
at its sole expense restore and replace such disturbances in as good
a condition as existed prior to the commencement of said work.
B.
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, Comcast, upon reasonable notice by the Borough, shall remove
or relocate its equipment, at Comcast's expense.
C.
Upon request of the Borough or a person holding a building or moving
permit issued by the Borough, Comcast shall temporarily move or remove
appropriate parts of its facilities so as to permit the moving or
erection of buildings or for the performance of other work. Except
as otherwise provided in this subsection, the expense of any such
temporary removal or relocation shall be paid by Comcast. In such
cases, Comcast shall be given not less than 14 days' prior written
notice in order to arrange for the changes required. Whenever the
request is made by, for, or on behalf of private parties, the cost
will be borne by those same parties.
D.
During the exercise of its rights and privileges under this consent, Comcast shall have the authority, at its sole expense, to trim trees upon and overhanging streets, alleys, sidewalks and public places of the Borough so as to prevent the branches of such trees from coming in contact with the wires, cables, conduits and fixtures of Comcast. Such trimming shall be only to the extent necessary to maintain proper clearance for Comcast's facilities. Except as provided in Subsection E, no such trimming shall occur without at least 14 days' prior written notice to the Borough Clerk. Such notice shall include the name and address of the certified tree expert performing such work and the location of the trimming and a description of the trimming to be performed.
E.
Where because of an emergency tree trimming must occur with less
than 14 days' prior written notice, Comcast shall notify the
Chief of Police, or his designee, in the most expeditious means possible.
The Chief, or his designee, shall notify the Mayor and the Chairman
of the Council committee having jurisdiction over the trees to be
trimmed. In such a circumstance, either the Mayor or the Council committee
Chairman may grant emergency permission to Comcast to trim such trees.
In no event shall the permission granted exceed the scope of trimming
necessary to satisfy the emergent conditions.
In providing services to its customers, Comcast shall comply
with N.J.A.C. 14:18-1 et seq., and all applicable state and federal
statutes and regulations. Comcast shall meet or exceed all voluntary
company and industry standards in the delivery of customer service
and shall be prepared to report on it to the community upon written
request of the Borough Administrator or Clerk.
A.
Comcast shall continue to comply fully with all applicable state
and federal statutes and regulations regarding credits for outages,
the reporting of same to regulatory agencies and notification of same
to customers.
B.
Comcast shall continue to fully comply with all applicable state
and federal statutes and regulations regarding the availability of
devices for the hearing impaired and the notification of same to customers.
C.
Comcast shall use every effort to meet or exceed voluntary standards
for telephone accessibility developed by the National Cable Television
Association (NCTA). Those standards shall include, but not be limited
to, the goal of answering 80% of incoming telephone calls within 30
seconds.
D.
Nothing herein shall impair the right of any subscriber or the municipality
to express any comment with respect to telephone accessibility to
the complaint officer or impair the right of the complaint officer
to take any action that is appropriate under law.
E.
Comcast is permitted, but is not required, to charge a late fee consistent
with applicable state and federal statutes and regulations.
The OCTV is hereby designated as the complaint officer for the
Borough pursuant to the provisions of N.J.S.A. 48:5A-26. All complaints
shall be reviewed and processed in accordance with N.J.A.C. 14:17-6.5.
The Borough shall have the right to receive, within seven days'
request or within such other time as may be provided by the OCTV,
copies of records and reports pertaining to complaints by Borough
customers from the OCTV.
A.
Comcast shall establish and maintain during the entire term of this
consent a local area business office or agent for the purpose of receiving,
investigating and resolving complaints regarding the quality of service,
equipment malfunctions and similar matters. Said office shall be open
daily during normal business hours, and in no event less than 9:00
a.m. to 5:00 p.m., Monday through Friday, with the exception of holidays.
B.
Telephone response for such purposes as mentioned herein will be
provided by Comcast's employees, representatives or agents 24
hours per day.
C.
The telephone number and address of the local office shall be listed
in applicable telephone directories and in correspondence from the
company to the customer. The telephone number for the local office
shall utilize an exchange that is a non-toll call for Borough residents.
Comcast shall obtain and maintain, at its sole cost and expense,
during the entire term of this agreement, a bond to the municipality
in the amount of $25,000. Such bond shall be to insure the faithful
performance of its obligations as provided in this franchise.
The rates of Comcast for cable television services shall be
subject to regulation to the extent permitted by federal and state
law.
A.
Comcast shall continue to provide residents with a system-wide public
access channel maintained by Comcast. Qualified individuals and organizations
may utilize public access for the purpose of cablecasting noncommercial
access programming in conformance with Comcast's published public
access rules. Comcast shall not exercise editorial control over any
educational or governmental use of PEG channel capacity, except Comcast
may refuse to transmit any educational or governmental access program
or portion of an educational or governmental access program that contains
obscenity, indecency, or nudity.
B.
Comcast shall continue to provide a system-wide leased access channel
maintained by Comcast for the purpose of cablecasting commercial access
programming in conformance with Comcast's guideline and applicable
state and federal statutes and regulations.
C.
Comcast shall take any steps that are necessary to ensure that the
signals originated on the access channels are carried without material
degradation, and with a signal whose quality is equal to that of the
other standard channels that Comcast transmits.
D.
The Communications Act of 1934, as amended [47 U.S.C. § 543
(b)], allows Comcast to itemize and/or identify: 1) the amount on
the subscriber bill assessed as a franchise fee and the identity of
the governmental authority to which the fee is paid; 2) the amount
on the bill assessed to satisfy any requirements imposed on Comcast
by the cable franchise to support public, educational, and/or governmental
access channels or the use of such channels; and 3) any grants or
other fees on the bill or any tax, assessment, or charge of any kind
imposed by any governmental authority on the transaction between the
operator and the subscriber. Comcast reserves these external cost
pass-through rights to the extent permitted by law.
A.
Comcast shall continue to provide standard installation and basic
cable television service on one outlet at no cost to each school in
the Borough, public and private, elementary, intermediate and secondary,
provided the school is within 200 feet of active cable distribution
plant. Each additional outlet installed, if any, shall be paid for
on a materials plus labor basis by the school requesting service.
Monthly service charges, except equipment, shall be waived on all
additional outlets.
B.
Comcast shall continue to provide standard installation and basic
cable television service at no cost on one outlet in the municipal
building and in each of the following: civic center, fire stations,
first aid squad, public library, public works building and each other
Borough-owned buildings that are located in or may be constructed
within the Borough, provided the facility is located within 200 feet
of active cable distribution plant. Each additional outlet installed,
if any, shall be paid for on a materials and equipment plus labor
basis by the Borough. Monthly service charges, except equipment, shall
be waived on all additional outlets.
C.
Comcast shall provide, free of charge, one non-networked cable modem
and monthly Internet service to each school in the Borough, public
and private, elementary, intermediate and secondary and to the public
library. The Internet service provided herein must be available to
student and patron use and cannot be limited to administrative uses.
All facilities must be located with 200 feet of active cable distribution
plant.
D.
Within six months of the issuance of a renewal certificate of approval
from the Board, the company shall provide to the Borough a one-time
grant in the amount of $32,500 for technology and access related needs.
A.
Comcast shall be required to have the capability to override the
audio portion of the system in order to permit the broadcasting of
emergency messages by the Borough pursuant to state and federal requirements.
B.
Comcast shall in no way be held liable for any injury suffered by
the Borough, or any other person, during an emergency, if for any
reason the municipality is unable to make full use of the cable television
system as contemplated herein. The Borough shall utilize the state-approved
procedures for such emergency uses.
Should the Borough grant a franchise to construct, operate and
maintain a cable television system to any other person, corporation
or entity on terms materially less burdensome or more favorable than
the terms contained herein, the company may substitute such language
that is more favorable or less burdensome for the comparable provision
of the ordinance, subject to the provisions of N.J.A.C. 14:17-6.7.
Comcast shall at all times maintain a comprehensive general
liability insurance policy with a single limit amount of $1,000,000
covering liability for any death, personal injury, property damages
or other liability arising out of its construction and operation of
the cable television system, and an excess liability (or "umbrella")
policy in the amount of $5,000,000.
If Comcast seeks successive consent, it shall, prior to the
expiration of this consent, apply for a municipal consent and certificate
of approval in accordance with 48:5A-16, and applicable state and
federal rules and regulations. In accordance with N.J.S.A. 48:5A-25.1,
both the Borough and Comcast shall be bound by the terms of this municipal
consent until such time as Comcast either renews this municipal consent
or converts its franchise into a system-wide franchise.
All of the commitments contained in the application and any
amendment thereto submitted in writing to the Borough by the company,
except as modified herein, are binding upon Comcast as terms and conditions
of this consent. The application and any other written amendments
thereto submitted by Comcast in connection with this consent are incorporated
in this ordinance by reference and made a part hereof, except as specifically
modified, changed, limited, or altered by this ordinance, or to the
extent that they conflict with state or federal law.
If any section, subsection, sentence, clause, phrase, or portion
of this ordinance is for any reason held invalid or unconstitutional
by any court 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 portion thereof.
Nothing in this ordinance, the franchise relationship or in
any prior agreement is or was intended to confer third-party beneficiary
status on any member of the public to enforce the terms of such agreements
or franchise.
