[HISTORY: Adopted by the Mayor and Council of the Township of Clinton 6-25-2003 by Ord. No. 822-03. Amendments noted where applicable.]
The Township of Clinton hereby grants to Patriot Media & Communications CNJ, LLC, and its duly authorized successors and assigns, its nonexclusive consent to continue to place in, upon, along, across, above, over and under the highways, streets, alleys, sidewalks, public ways, and public places in the Township poles, wires, cables, and fixtures necessary for the maintenance and operation in the Township of a cable television system conditioned upon approval of the Board of Public Utilities of the State of New Jersey.
For the purposes of this ordinance, 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 given by the Federal Communications Commission in its rules and regulations, 47 CFR, Subsection 76.1 et seq., and the Communications Act of 1934 at 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:
- Chapter 186 of the General Laws of New Jersey, and subsequent amendment thereto, N.J.S.A. 48:5A-1 et seq.
- The application for a cable television franchise filed by the company with the municipality and the Board of Public Utilities of the State of New Jersey.
- The Board of Public Utilities of the State of New Jersey.
- Patriot Media & Communications CNJ, LLC.
- The Federal Communications Commission.
- The Township of Clinton, County of Hunterdon, State of New Jersey.
- The Office of Cable Television in the Board of Public Utilities.
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 and fully open to the public, and the municipality having received all comments regarding the qualifications of the company to receive this consent, the municipality hereby finds that the company possesses the necessary legal, technical, character, financial and other qualifications to continue to operate a cable television system within the municipality.
This consent shall be for 15 years beginning the earlier of August 31, 2003, or the issuance of a certificate of approval by the Board of Public Utilities.
The company, by accepting this ordinance, acknowledges that the municipality has awarded a fifteen-year renewal term upon the strength of the commitments made by the company, as set forth in the application and as modified or supplemented in this ordinance and any other written submissions of the company.
Pursuant to the Act, the company shall, during each year of operation under this consent, pay to the municipality 2% of the gross revenues from all recurring charges in the nature of subscription fees paid by subscribers to its cable television reception service in the municipality or any amount permitted by the Act or otherwise allowable by law.
The consent granted herein to the company shall apply to the entirety of the municipality and any property hereafter annexed.
The company shall be required to complete an upgrade of the cable television system within the municipality in accordance with the specifications filed with the company's application at Exhibit B. The company shall complete and fully activate the upgraded cable television system by September 30, 2004. As soon as possible, the company will identify those streets in the municipality on which the company will be performing construction. Thereafter, the company will immediately contact the municipality to determine whether the municipality intends to pave those streets before the company's proposed construction. In that event, the company and municipality will cooperate to avoid a conflict between the company's proposed construction and the municipality's pavement plans.
Once the company's construction begins, the company will, upon reasonable advanced written notice, periodically meet with the municipality to apprise the municipality of the progress of the construction and compliance with the completion date.
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.
Relocation: 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, re-lay and relocate its equipment at the expense of the company.
Temporary removal of cables: The company shall temporarily move or remove appropriate parts of its facilities to allow for the moving of buildings and 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 case the company shall bear the cost.
Removal or trimming of trees: During this franchise, the company shall have the authority to trim trees upon and overhanging 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.
Landscaping: Prior to the start of the rebuild, the company will advise the municipality in writing of the addresses where large pedestals or underground equipment boxes are to be placed. The company will landscape these pedestals or equipment boxes to the reasonable satisfaction of the municipality.
The company will construct and install all upgrades in full conformance with the requirements of N.J.A.C. 14:18-2.1 and will hold the municipality harmless from any liability arising out of the construction or operation of the cable television system in accordance with N.J.S.A. 48:5A-28(e).
The company shall be required to offer service along any public right-of-way to any person's residence or business located in those areas of the franchise territory described in this ordinance. Any additional extension of the cable television system will be made in accordance with the OCTV line extension policy (LEP). For purposes of the LEP, the minimum density of homes-per-mile shall be 25.
During the term of this franchise, and any renewal thereof, the company shall maintain a local business (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. The company will also maintain a toll-free telephone number and E-mail address which it will publicize in the monthly billings for these same purposes.
The OCTV 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 construction associated with the upgrade, the company shall increase its surety bond to the municipality, which bond shall be in the statutory form, except that the bond shall be in the amount of $100,000. The purpose of the increased amount of the bond is to insure completion of the upgrade as described in the application.
After completion of the upgrade and for the remainder of the term of the franchise, the company shall give a bond to the municipality, which bond shall be in the statutory 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.
In addition to the bond, the company specifically agrees that it will respond, either directly or through a subcontractor, within 48 hours of a written complaint from the municipality that a road repair or restoration is necessary. In the event that the company fails to respond timely and make the necessary repair or restoration, the municipality may, in its discretion, consider such failure a breach of this ordinance and the company's certificate of authority and may recommend to the Board that the Board take action against the company, including but not limited to ordering the repair or restoration, fines and such other action as the Board deems appropriate.
The rates of the company shall be subject to regulation to the extent permitted by applicable federal or state law.
The company will continue to operate and program a local origination channel that will be received by all subscribers within the municipality. Time will be made available annually for the airing of up to three programs of interest to the municipality's residents upon sufficient advanced notice.
At the conclusion of the company's upgrade as described in § A279-7, the company will have provided two two-way capable access channels to the municipality.
The first access channel will continue to be the existing educational access channel which is shared by the North Hunterdon Regional High School and the Hunterdon Central Regional High School and will have two-way capabilities upon the completion of the upgrade. Channel allocation may change but will be on the lowest tier.
The second access channel will be a new channel for the municipality known as a public, educational or governmental access channel which will also have two-way capacity. The public, educational or governmental access channel will be located at that location designated by the municipality prior to the completion of the upgrade.
The company shall provide the municipality with the sum of $30,000 for the funding for both the educational access channel and the municipality's cable-related needs to be paid within 60 days of the issuance of the certificate of approval by the Board. The company shall continue to fund the municipality at the rate of $6,785 per year for the second through 15th years following the issuance of the certificate of approval to be paid on each anniversary date. The municipality agrees that no less than 70% of these funds will be utilized by the North Hunterdon Regional High School.
The company will encourage access channel usage by providing production training courses free of charge to the North Hunterdon Regional High School and municipality.
Upon reasonable request, the company shall conduct a four-hour training course two times a year.
These training courses will focus on the production of community based programs.
The company shall provide the installation of one outlet and basic monthly service to each municipal building, public or private accredited school and public library in the municipality free of charge. Each additional outlet installed, if any, shall be paid for by the institution requesting the same on a materials-plus-labor basis. Monthly service charges shall be charged at the government rate for additional outlets.
The company has agreed to implement a senior citizen's discount in the amount of 10% of the monthly basic service rate to any person 62 years of age or older who subscribes to cable services and does not share the subscription with more than one person in the same household who is less than 62 years of age. Such subscribers must meet the income and residence requirements of the Pharmaceutical Assistance to Aged and Disabled (PAAD) pursuant to N.J.S.A. 30:4D-21. The company has agreed to apply the same discount rate to the disabled with the same PAAD eligibility requirements.
The company will, upon completion of the upgrade described in the application, provide two-way interactive services to its subscribers in the municipality.
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 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 $5,000,000 for bodily injury, death or property damage resulting from any one accident or occurrence. The municipality shall be named an additional insured under this policy.
The company shall be required to have the capability to override the audio portion of the cable television system in order to permit the broadcasting of emergency messages by the municipality pursuant to federal, state and county requirements. The municipality shall utilize the procedures approved by the State of New Jersey for such emergency uses. The company shall not be held liable for any injury suffered by the municipality or any other person, during an emergency, if for any reason, the municipality is unable to make full use of the emergency alert system contemplated therein.
Upon issuance of a final, nonappealable order of an appropriate agency or court of competent jurisdiction declaring the expiration, termination or revocation of the company's certificate of approval, the company, at its sole cost and expense and upon the direction of the municipality, shall remove the cables and appurtenant devices constructed or maintained in connection with the services authorized herein, unless the company, its affiliated entities or assignees should, within six months after such expiration, termination or revocation, obtain certification from the FCC to operate a cable television system.
The company shall make available representatives to meet upon the request of the municipality upon 30 days' written notice for the purpose of reviewing the company's performance. The company's representative shall respond to the reasonable requests for information made by the municipality prior to or at such meeting.
All of the commitments and statements contained in the application and any amendment thereto submitted in writing to the municipality by the company, except as modified herein, are binding upon the company as part of the terms and conditions of this consent. The application and any other relevant writings submitted by the company shall be made a part hereof by reference as long as they do not conflict with applicable law.
This ordinance shall be construed in a manner consistent with all applicable law so as not to render any portion invalid.
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by a federal or state court or agency of competent jurisdiction such portion shall be deemed a separate, distinct and independent provision and such holding shall not effect the validity of the remaining portions hereof.
This ordinance shall take effect immediately upon issuance of a certificate of approval by the Board.