[HISTORY: Adopted by the City Council of the City of Garfield 4-7-1998
by Ord. No. 2238 (Ch. A255 of the 1979 Code). Amendments
noted where applicable.]
The City hereby grants to the company its nonexclusive consent to place
in, upon, along, across, above, over and under the highways, streets, alleys,
sidewalks, public ways and public places in the City poles, wires, cables,
underground conduits, manholes and other television conductors and fixtures
necessary for the maintenance and operation in the City of a cable television
system and cable communications system in accordance with the application
filed. Said nonexclusive consent is subject to the approval of the New Jersey
Board of Public Utilities (hereinafter the "Board").
For the purposes of this ordinance, the following terms, phrases, words
and their derivations shall have the meanings given herein. Such meaning of
definition of terms is supplemental to those definitions of the Federal Communications
Commission, FCC Rules and Regulations (47 CFR Subsection 76.1 et seq.) and
the Communications Act of 1934, as amended by the Cable Communications Policy
Act of 1984 (47 U.S.C. § 521 et seq.), and the Cable Television
Consumer Protection and Competition Act of 1992 (P.L. 102-385), the Telecommunications
Act of 1996 (P.L. 104-104) 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 definitions:
Chapter 186 of the General Laws of New Jersey, 1972, and subsequent
amendments thereto (N.J.S.A. 48:5A-1 et seq.).
The New Jersey Board of Public Utilities.
The City of Garfield, County of Bergen and State of New Jersey.
The grantee of rights under this ordinance and is known as Cablevision
of Oakland, Inc.
[Amended 8-4-1998 by Ord. No. 2245]
The Communications Act of 1934, and its amendments, 47 U.S.C. § 51
et seq.; P.L. 102-385, 1992; P.L. 104-104, 1996.
The New Jersey Board of Public Utilities, Office of Cable Television.
A public hearing concerning the consent herein granted to the company
is to be held after proper public notice pursuant to the terms and conditions
of the Act. Said hearing shall have been fully open to the public in accordance
with law, and the City shall receive at said hearing all comments regarding
the qualifications of the company to receive this consent, including but not
limited to its legal, technical, financial and other construction of a cable
television system within the municipality.
The consent herein granted shall expire 10 years from the date of the
expiration of the previous certificate of approval as issued by the Board
of Public Utilities.
If the company seeks a successive consent, 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 as a decision is made by the governing body of the City
relative to the renewal of said consent.
[Amended 8-4-1998 by Ord. No. 2245]
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
City 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 City or any amount permitted by the New Jersey Cable Television Act.
Upon request by the City, the company shall provide an affidavit of an officer
of the company verifying subscription dates and gross revenues from all recurring
charges which forms the basis of the calculation of the franchise fee referred
to herein. The franchise fee shall be paid in annual installments.
The company shall be required to complete any proposed construction
within the service area described in the application. The timetable as presented
in the application incorporated herein has been determined to be reasonable
by the City.
The company shall be required to proffer service along any public right-of-way
to any person's residence or business located in those areas of the franchise
territory described herein, in accordance with the proposal for the provision
of services as described in the application. Any additional extension of the
system will be made in accordance with the provisions set forth in Appendix
IV attached to the application filed with the City.
A.Â
Restoration. In the event that the company or its agents
shall disturb any pavement, street surfaces, sidewalks, driveways or other
surfaces in the natural topography of the City, 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.Â
Relocation. If at any time during the period of this
consent the City shall alter or change the grade of any street, alley or other
way or place, the company, upon reasonable notice by the City, shall remove,
relay and relocate its equipment at the expense of the company.
C.Â
Movement of building and equipment. The company shall
temporarily move or remove appropriate parts of its facilities to allow moving
of buildings, machinery or in other similar circumstances when reasonably
requested to do so. The expense shall be borne by the party requesting such
action except when reasonably requested by the City, in which case the company
shall bear the cost.
D.Â
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 upon and overhanging streets, alleys, sidewalks and
public places of the City so as to prevent the branches of such trees from
coming in contact with the wires, cables or other equipment of the company.
Such trimming shall be only to the extent necessary to maintain proper clearance
for the company's facilities and upon prior notice to the City emergency
situations excepted.
The company shall provide installation to any person's residence
or business in accordance with the terms and conditions of the application,
which are incorporated herein as if fully set forth at length.
The consent granted herein to the company shall apply to the entirety
of the City and any property hereafter annexed thereto.
During the terms of this 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 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 Office of Cable Television is hereby designated as the complaint
officer for the City of Garfield. All complaints shall be received and processed
in accordance with the New Jersey Administrative Code (N.J.A.C. 14:17-6.5
et seq.) and amendments thereto.
During the life of the franchise, the company shall maintain a performance
bond to the City of Garfield, which bond shall be in the amount of $25,000
in the form annexed to the application. Such bond shall be to insure the faithful
performance of all undertakings of the company represented in its application
for municipal consent as incorporated herein.
The rates proposed in the application for cable television reception
service shall be subject to review and regulation by the New Jersey Board
of Public Utilities to the extent permitted by law.
The basic service includes those channels which the company is required
to carry by FCC rules and any channel which the company carries without a
separate or additional charge.
The company shall provide access time to noncommercial public, governmental
and educational entities to the extent such access has been offered to the
City in accordance with the application filed.
The company shall provide the installation and basic monthly service
to the City of Garfield, the Garfield School System, Library and other public
buildings. This installation and monthly service shall be free of charge to
the City. It is the intent of this provision to provide for free installation
and service for all public use buildings, including all buildings set forth
on the attached Exhibit "A" which is specifically incorporated herein by reference.
The City finds that the equipment and/or personnel to be provided by
the company for public, educational or governmental use as provided in the
application is reasonable.
The company shall be required to have the capability at the head end
to override the audio portion of the system in order to permit the broadcast
of emergency messages by the City. The Company shall in no way be held liable
for any injury suffered by the City or any other person, during an emergency,
if for any reason the City is unable to make full use of the cable television
system as contemplated herein. The City shall also establish reasonable procedures
for such uses.
The company agrees to maintain and keep in full force and effect at
its sole cost and expense at all times during the term of this consent sufficient
liability insurance naming the City of Garfield as an additional insured and
insuring against loss by any such claim, suit, judgment, execution or demand
in the minimum amounts of $1,000,000 combined limits for bodily injury or
death to one person or resulting from any one accident, and for any property
damages resulting from any one accident.
All of the commitments and statements contained in the application and
any amendment thereto submitted in writing to the City by the company, except
as modified herein, are binding upon the company as terms and conditions of
this consent. The application and any other relevant writings submitted by
the company shall be annexed hereto and made a part hereof by reference so
long as they do not conflict with state or federal law.
In the event that any portion of the application or this ordinance is
in conflict with the provisions of the Cable Television Act, the Communications
Act of 1934 and its amendments and/or FCC Rules and Regulations, as adopted,
such portion shall not be construed as effective and shall be severable. The
remainder of the application and/or this ordinance not so affected shall remain
in full force and effect.
If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held invalid or unconstitutional by any court
or federal or state 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.
A.Â
The company shall provide the City with the following
cable television equipment upon completion of the thirteen-week training period
set forth herein, which equipment shall be used within the sole discretion
of the City for taping and/or broadcasting events within the City of Garfield:
B.Â
The above-referenced items of equipment shall be provided
to the City free of charge and shall become the property of the City of Garfield
immediately upon completion of the thirteen-week training course referred
to in this subsection.
C.Â
The company shall also provide a thirteen-week training
course for an individual or individuals designated by the City of Garfield.
The purpose of this training course will be to provide the technical and practical
expertise which would be necessary in order to assist in the taping and/or
broadcasting of City events. This thirteen-week training course shall be provided
to the City without charge.
D.Â
Upon the completion of the training course and the provision
of the equipment described herein, the Company shall provide air time for
public broadcasting of meetings and other events within the City of Garfield
on an "availability" basis.
E.Â
The foregoing equipment and training will be provided
to the City of Garfield without cost to the City and without pass along to
City residents and subscribers.
In the event that the New Jersey cap of 2% for the franchise fee is
increased during the term of this agreement, the franchise fee set forth herein,
i.e., 2%, shall automatically be increased to reflect the increased New Jersey
cap. Nothing herein shall be construed to limit or restrict the City's
rights pursuant to N.J.S.A. 48:5A-30c.
This ordinance shall take effect immediately upon final passage pursuant
to law and in accordance with the City Manager Form of Government Law.
