[HISTORY: Adopted by the Mayor
and Council of the Borough of Dumont 3-19-2002 by Ord. No. 1269. Amendments
noted where applicable.]
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.
Cablevision'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 Dumont in the County
of Bergen, and the State of New Jersey.
Cablevision of New Jersey, Inc. ("Cablevision") 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 76.3), or as such regulations
may be amended.
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 Cablevision 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 Cablevision to receive
this consent, the Borough hereby finds Cablevision possesses the necessary
legal, technical, character, financial and other qualifications to
support municipal consent, and that Cablevision's operating and construction
arrangements are adequate and feasible.
The Borough hereby grants to Cablevision 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, and for the provision of any communication service
over the such system as may be authorized by federal or state regulatory
agencies. Operation and construction, pursuant to said consent, is
conditioned upon prior approval of the Board of Public Utilities.
This consent granted herein shall be nonexclusive
and shall be for a term of 10 years from the date of issuance of a
Certificate of Approval by the Board.
If Cablevision seeks successive consent, it
shall, prior to the expiration of this consent, apply for a municipal
consent and certificate of approval in accordance with N.J.S.A. 48:5A-16
and applicable state and federal rules and regulations. The Company
shall also petition the Board for approval authorizing continued operation
during the period following expiration of the consent granted herein,
and until such a time that a decision is made by the Borough and the
Board relative to the renewal of said consent.
The consent granted under this ordinance to
Cablevision shall apply to the entirety of the Borough and any property
hereafter annexed.
Cablevision shall be required to proffer service
along any public right-of-way to any person's residence within the
portion of the franchise territory, as described in the application
for municipal consent, at tariffed rates for standard and nonstandard
installation.
Pursuant to the terms and conditions of the
Cable Television Act, Cablevision shall pay to the Borough, as an
annual franchise fee, a sum equal to 2% of the actual gross revenues
received from all recurring charges in the nature of subscription
fees paid by subscribers for its cable television reception services
in the Borough. In the event applicable law hereinafter permits a
larger franchise fee to be collected, but does not fix the amount
thereof, the Borough and Cablevision shall negotiate in good faith
with respect to the amount thereof.
Cablevision shall provide, free of charge, one
standard installation and basic monthly cable television reception
service to all state-accredited public and private primary and secondary
schools and all municipal public libraries, as well as municipal buildings
located within the Borough.
A.Â
Cablevision shall provide to the Borough, free of
charge, one high-speed cable modem and monthly Internet access service,
including a standard installation, to one municipal location designated
by the Borough, which designation shall be made in writing prior to
installation. The Borough shall be permitted, at its own cost, to
network up to three additional personal computer terminals in the
designated building (four computers total) to the cable modem provided
by Cablevision.
B.Â
Cablevision shall provide to all state-accredited
primary and secondary public schools within the Borough, and the municipal
library, free of charge, one high-speed cable modem and monthly Internet
access service, including a standard installation.
Cablevision shall perform construction and installation
of its plant and facilities in accordance with applicable state and
federal law. The Company shall be subject to the following additional
construction requirements with respect to the installation of its
plant and facilities in the Borough:
A.Â
In the event that the Company or its agents shall
disturb any pavement, street surfaces, sidewalks, driveways or other
surfaces, the Company 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.Â
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
Borough shall remove or relocate its equipment, at its own expense.
C.Â
Upon request of a person holding a building or moving
permit issued by the Borough, the Company 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. The
expense of any such temporary removal or relocation shall be paid
in advance to the Company by the person requesting the same. In such
cases, the Company shall be given not less than 14 days prior written
notice in order to arrange for the changes required.
D.Â
During the exercise of its rights and privileges under
this consent, the Company shall have the authority 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 the Company.
Such trimming shall be only to the extent necessary to maintain proper
clearance for the Company's facilities.
Cablevision shall comply with the technical
and customer service standards established for the cable industry
under applicable federal and state laws, rules and regulations.
Cablevision 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.
The Office of Cable Television 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.
Cablevision agrees to maintain and keep in force
and effect at its sole cost at all times during the term of this consent,
sufficient liability insurance naming the Borough as an additional
insured and insuring against loss by any such claim, suit, judgment,
execution or demand in the minimum amounts of $500,000 for bodily
injury or death to one person, and one $1,000,000 for bodily injury
or death resulting from any one accident or occurrence stemming from
or arising out of the Company's exercise of its rights hereunder.
Upon the effective date of this franchise, Cablevision
shall obtain and maintain, at its sole cost and expense, during the
entire term of this Agreement, a bond to the Borough 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 the Company shall be subject to
regulation as permitted by federal and state law.
Cablevision 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. The Company 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.
A.Â
In the event that the Borough approves or permits
a cable system to operate in the community on terms more favorable
or less burdensome than those contained in this ordinance, such more
favorable or less burdensome terms shall be applicable in this consent,
subject to a petition to the Board of Public Utilities as provided
for in accordance with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7.
B.Â
In the event that a nonfranchised multichannel video
programmer provides service to residents of the Borough, Cablevision
shall have a right to request franchise amendments to this ordinance
that relieve Cablevision of regulatory burdens that create a competitive
disadvantage to the Company. In requesting amendments, Cablevision
shall file with the Board of Public Utilities a petition for approval
in accordance with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7 seeking
to amend the Ordinance. Such petition shall: indicate the presence
of a nonfranchised competitor(s); identify the basis for Cablevision's
belief that certain provision of this franchise place it at a competitive
disadvantage; and identify the regulatory burdens to be amended repealed
in order to eliminate the competitive disadvantage. The Borough shall
not unreasonably withhold or object to granting the Company's petition
and so amending the Ordinance, subject to a petition to the Board
of Public Utilities as provided for in accordance with N.J.S.A. 48:5A-47
and N.J.A.C. 14:17-6.7.
Upon expiration, termination or revocation of
this ordinance, Cablevision at its sole cost and expense and upon
direction of the Board of Public Utilities, shall remove the cables
and appurtenant devices constructed or maintained in connection with
the services authorized herein, unless Cablevision, its affiliated
entities or assignees should, within six months after such expiration,
termination or revocation obtain certification from the FCC to operate
an open video system or any other federal or state certification to
provide telecommunications.
A.Â
Cablevision shall provide and maintain without charge
for its use, a composite public, governmental and educational access
channel ("PEG access") for use by the residents and institutions of
the Borough. This channel may only be used for noncommercial programming.
Cablevision shall be responsible for developing, implementing, interpreting
and enforcing reasonable rules for access channel use, in accordance
with applicable law.
B.Â
Upon request by the Borough, Cablevision shall provide
and maintain a noncommercial public, educational and governmental
channel for the Borough use. This channel may only be used for noncommercial
programming. Cablevision shall be responsible for developing, implementing,
interpreting and enforcing reasonable rules for access channel use,
in accordance with applicable law.
C.Â
In consideration for the rights granted by this ordinance,
Cablevision shall provide the Borough with a one-time grant of $15,000
to be used by the municipality for cable and/or other telecommunications-related
purposes, including to supplement PEG access related production and
programming efforts in the Borough.
D.Â
The Borough agrees that Cablevision shall retain the
right to use the PEG access channel, or portion thereof, for non-PEG
access programming, during times when the Borough is not utilizing
the channel for purposes of providing PEG access programming. In the
event that Cablevision uses said PEG access channel for the presentation
of such other programming, the PEG programming shall remain the priority
use and Cablevision's rights with respect to using the channel for
non-PEG programming shall be subordinate to the Township's provision
of PEG access programming on such channel.
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 Cablevision as
terms and conditions of this consent. The application and any other
writings submitted by Cablevision 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.
This consent shall be construed in a manner
consistent with all applicable federal, state and local laws.
