[HISTORY: Adopted by the Township Committee of the Township of Mullica 3-27-1990 by Ord. No. 3-90. Amendments noted where applicable.]
Streets and sidewalks — See Ch. 197.
The municipality hereby grants to the company its nonexclusive 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 and cable communications system. Construction pursuant to said consent is conditioned upon prior approval of the Board of Public Utilities.
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein. Such meanings or definitions of terms are supplemental to those definitions of the Federal Communications Commission, FCC Rules and Regulations, 76.1 et seq., 47 CFR 517 et seq. (1983), 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 the federal or state definition.
- ACT or CABLE TELEVISION ACT
- Chapter 186 of the General Laws of New Jersey, 1972, Section 48:5A-1 et seq.
- The grantee of rights under this chapter and is known as "Harron Cablevision of New Jersey, Inc."
- The Township of Mullica, County of Atlantic and State of New Jersey.
Editor's Note: See N.J.S.A. 48:5A-1 et seq.
A public hearing concerning the consent herein granted to the company was held after proper public notice pursuant to the terms and conditions of the Act. Said hearing having been held as above stated and having been fully open to the public and the municipality having received at said hearing all comments regarding the qualifications of the company to receive this consent, the municipality hereby finds that the company 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 15 years from the date that a certificate of approval is issued by the Board of Public Utilities. Any renewals shall be for a ten-year term.
If the company seeks a renewal, 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 48:5A-16, and applicable state and federal rules and regulations. The company shall also petition the Board for a certificate of approval authorizing continued operation during the period following expiration of the consent granted herein and until such time that a decision is made by the municipal governing body relative to the renewal of said 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 2% of the gross revenues from all recurring charges in the nature of subscription fees paid by subscribers for their cable television reception service in the municipality.
The company shall complete Phase I of all construction set forth in the primary service area provided in its application within one year of the date upon which it receives a certificate of approval from the Board and all other necessary approvals and upon completion of make-ready work by utilities. The timetable as presented in the application, incorporated herein, has been determined to be reasonable by the Council of the municipality. The company shall construct a system which will carry 550 megahertz.
The company shall be required to proffer service to any person's residence or business located within the construction territory described herein and/or located in reasonable proximity to the company's cable television plant. "Reasonable proximity" is defined to be within 150 feet of the company's distribution plant, 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 line extension policy of the company as reflected in the application.
The consent granted herein to the company shall apply to the entirety of the municipality, including any additions or modifications to the boundary of the municipality; however, the company is not required to build past every home.
Restoration. In the event that the company or its agents 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.
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, the company, upon reasonable notice by the municipality, shall remove, relay and relocate its equipment at the expense of the company.
The company shall temporarily move or remove appropriate parts of its facility to allow moving of buildings or machinery or in other similar circumstances. The expense shall be borne by the party requesting such action, except when requested by the municipality, in which instance the company shall bear the cost.
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 and overhanging branches upon streets, alleys, sidewalks and 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.
The municipality expressly notes that the Street Opening Ordinance in effect within the municipality is superseded as to individual permit fees and costs attributable to operations by reason of N.J.S.A. 48:5A-30a. However, all technical standards contained in the Mullica Township Street Ordinance shall be strictly enforced and followed unless they are superseded by a more restrictive requirement set pursuant to N.J.S.A. 48:5A-9b and N.J.S.A. 48:5A-10a.
During the term of this franchise and any renewal thereof, the company shall maintain a local business office in the municipality 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 from 9:00 a.m. until 5:00 p.m., Monday through Friday. The address and telephone number of said local business offices shall be included in printed material given to system subscribers by the company. The complaint officer for the municipality and the Municipal Clerk for the municipality shall each be provided with the name of the person in charge of the local office of the company and the mailing address and telephone number of the local office of the company, and any change in this information shall be provided to the Clerk and to the complaint officer of the municipality within a reasonable period of time from the change of such information.
During the life of the franchise, the company shall give a bond to the municipality in the amount of $50,000. Such bond shall insure the faithful performance of all undertakings of the company as represented in its application for municipal consent, incorporated herein. Such bond shall be issued by a company licensed and authorized by the New Jersey Commissioner of Banking and Insurance to conduct such business in such amounts in the State of New Jersey. The requirement of the bond shall be ongoing during the term of the franchise and, in the event that a bond issued by such a company under this section shall be disqualified for any reason, the company shall give the municipality notice within three days of said disqualification of surety and will, within 10 days thereafter, produce a new instrument written upon a company duly licensed to act in said capacity in this state, or by irrevocable letter of credit from a bank doing business in the State of New Jersey, which letter shall comply and conform with all provisions of this chapter, and with all requirements of the Board and/or N.J.S.A. 48:5A-1 et seq. or any regulations promulgated thereunder.
The municipality requires that the company provide one free service installation to each school, church and library within any service area being served in the municipality, whether or not they are in the same building or separate buildings. Each additional outlet installation thereafter in said school, church or library building shall be paid for by the institution on a cost-plus-labor basis. Monthly service on such additional outlets shall be charged at the regular tariffed rates for additional outlets.
At such time as the company shall decide to alter its basic service, it shall promptly and within a reasonable period of time advise all subscribers and the Clerk of the Municipality and the municipality's complaint officer of the changes that it will make. For the purposes of this section, the basic service includes those channels which the company has so designated in its application to the municipality which the company, in its application, has agreed to carry without a separate or additional charge.
The municipality has determined that the cable system herein may be able to provide two-way interactive cable services retrieval systems and other information-handling systems. The municipality has not determined that it is in the interest of public convenience and necessity for the company to require the provision of such services at this time. The municipality will continue to monitor the interest of public convenience and necessity in this area. The municipality does require that the company construct this system so that it has two-way capability. The company must apply for Board approval of the terms and conditions of providing such services prior to the institution of such services. The company must apply for Board approval after the municipality has determined, via public hearing, that public interest and necessity require this service in the municipality. The municipality will bear the cost of petitioning the Board.
In the event that the municipality determines that it is necessary and feasible for it to contract with the company for the purpose of providing additional equipment or specific services to the municipality or its agencies, the company shall be required to apply to the Board and, if necessary, the Federal Communications Commission for approval to enter into and establish the terms and conditions of such a contract. All costs related to such application to the Board and/or the Federal Communications Commission shall be paid by the municipality, subject to the approval of the Board.
The company agrees to maintain and keep in full force and effect, as its sole expense, at all times during the term of this consent, sufficient liability insurance naming the municipality as an insured and insuring against loss by any such claim, suit, judgment, execution or demand in the minimum amounts of $1,000,000 for bodily injury or death to one person and $500,000 for property damage.
Any portion of the application or this chapter which is inconsistent with the provisions of the Cable Television Act, N.J.S.A. 48:5A-1 et seq., and/or FCC Rules and Regulations, 76.1 et. seq., as amended, is not to be construed as effective under the terms of this chapter.
The company shall provide a senior citizen discount, which shall be 10% of the gross amount charged for programming, so long as the individual subscriber meets all municipal, county, state and federal requirements to qualify as a senior citizen, as well as any and all government requirements for such a discount.