[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.
A.
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.
B.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
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.
A.
The company will encourage access channel usage by providing
production training courses free of charge to the North Hunterdon Regional
High School and municipality.
B.
Upon reasonable request, the company shall conduct a
four-hour training course two times a year.
C.
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.
