[HISTORY: Adopted by the Township Council
of the Township of Jefferson 12-13-2023 by Ord. No. 23-26.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance superseded former
Ch. A500, Cable Television Franchise, adopted 8-15-2007 by Ord. No. 19-07.
For the purpose of this ordinance, the terms defined above[1] 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.
The company's application for renewal of municipal consent,
which application is on file in the Township 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.
CSC TKR, LLC d/b/a Cablevision of Morris, 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 C.F.R. 76.3), or as such regulations
may be amended.
The area contained within the present municipal boundaries
of the Township of Jefferson in the County of Morris, and the State
of New Jersey.
The installation of drop cable to a customer's premises
where the distance from the point of entry into the building being
served is less than 150 feet from the active cable television system
plant.
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.
The governing body of the Township of Jefferson in the County
of Morris, and the State of New Jersey.
[1]
Editor's Note: "[A]bove" refers to the preamble to Ord.
No. 23-26. A complete copy of the ordinance is on file in the Township
offices.
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 Township having received all comments
regarding the qualifications of the company to receive this consent,
the Township hereby finds the company possesses the necessary legal,
technical, character, financial and other qualifications to support
municipal consent, and that the company's operating and construction
arrangements are adequate and feasible.
The Township hereby grants to the company 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 municipality of a cable television
and cable communication system, and for the provision of any communication
service over such facilities as permitted by federal and state law.
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 seven years from the date of issuance of a certificate
of approval by the Board.
If the company 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. In accordance with N.J.S.A.
48:5A-25.1, both the Township and the company shall be bound by the
terms of this municipal consent until such time as the company converts
the municipal consent (and any certificate of approval) into a system-wide
franchise, provided that such conversion is undertaken in compliance
with the Act.
The consent granted under this ordinance to the company shall
apply to the entirety of the municipality and any property hereafter
annexed.
The company shall be required to proffer video programming service
along any public right-of-way to any person's residence or business
within the primary service area, as it exists on the effective date
of any written approval order by the Board of this consent, at the
company's schedule of rates for standard and nonstandard installation.
The company shall extend service along any public right-of-way
outside its primary service area to those residences and businesses
within the franchise territory which are located in areas that have
a residential home density of 25 homes per mile or greater. In areas
with less than 25 homes per mile, service shall be extended where
residents and/or businesses agree to share the cost of such extension
in accordance with the line extension formula as provided by the company
in its application for municipal consent.
Pursuant to the terms and conditions of the Cable Television
Act, the company shall pay to the Township, 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 municipality. In
the event applicable law hereinafter permits a larger franchise fee
to be collected, but does not fix the amount thereof, the Township
and the company shall negotiate in good faith with respect to the
amount thereof; provided, however, that nothing herein shall be construed
to permit the Township to require payment of a franchise fee by the
company that is higher than the fee paid by all other cable television
service providers offering service in the municipality.
Subject to applicable federal regulations, the company shall,
upon written request, provide, free of charge, one standard installation
and monthly cable television reception service to all state or locally
accredited public schools and all municipal public libraries, as well
as municipal buildings located within the municipality. The requested
locations are listed in Exhibit A.[1]
[1]
Editor's Note: Said exhibit is included as an attachment to this chapter.
The company 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 cable plant and
facilities in the municipality:
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 Township shall
alter or change the grade of any street, alley or other way or place,
the company, upon reasonable notice by the Township, shall remove
or relocate its equipment, at the company's expense.
C.Â
Upon request of a person holding a building or moving permit issued
by the Township, who has secured required permits or approvals, if
any, from any other government or agency thereof, 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, unless such request is made by the Township for a Township project,
in which case the company shall bear the cost. In such cases, unless
an emergency exists, the person requesting the temporary removal or
relocation shall endeavor to provide the company 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 Township 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 necessarily to maintain proper clearance
for the company's facilities.
The company shall comply with the technical and customer service
standards established for the cable industry under applicable federal
and state laws, rules and regulations.
The company 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 all 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 Township 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.
A.Â
The company 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 Township 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 for bodily injury or
death to one person, and $5,000,000 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. In addition,
the company shall maintain motor vehicle liability insurance with
at least the minimum amount of coverage required in this section.
B.Â
The company expressly agrees that it shall indemnify, defend and hold harmless the Township from all claims, liability, damage, cost or expense, including reasonable attorney fees, arising from or out of all claims of any nature, including, but not limited to, injury to persons or damage to property occasioned by reason of any conduct undertaken or omission(s) by the company, its employees, agents, contractors, servants and/or agents as a result of the construction, location, installation, operation, erection, repair, replacement, removal, control or maintenance of the cable television system authorized herein. The Township shall notify the company's Legal Department within 30 days after the presentation of any claim or demand to the Township, either by suit or otherwise, made against the Township on account of any acts or omissions by or on behalf of the company, including but not limited to negligence or contract. If the company does not engage its own legal counsel, the company's obligation to indemnify, defend and hold harmless the Township shall include paying any and all reasonable attorney's fees and costs that the Township may incur which are directly related to defending a claim set forth in this Subsection B. The company's responsibilities under this Subsection B do not include claims involving any Township produced or sponsored programming on any public education and government ("PEG") access channels or education and government ("EG") access channels on Company's system, or claims arising from the negligent acts of the Township.
The company shall obtain and maintain, at its sole cost and
expense, during the entire term of this agreement, a bond to the Township
in the amount of $25,000. Such bond shall be to insure the faithful
performance of its obligations as provided in this franchise.
A.Â
The rates of the company for cable television service shall be subject
to regulation to the extent permitted by federal and state law.
B.Â
The company shall implement a senior citizen discount in the amount
of 10% off the monthly broadcast basic level of cable television service
rate to any person 62 years of age or older who subscribes to cable
television services provided by the company, subject to the following:
(1)Â
Such discount shall only be available to eligible senior citizens
who do not share the subscription with more than one person in the
same household who is less than 62 years of age; and
(2)Â
In accordance with N.J.S.A. 48:5A-11.2, subscribers seeking
eligibility for the discount must meet the income and residence requirements
of the Pharmaceutical Assistance to the Aged and Disabled Program
pursuant to N.J.S.A. 30:4D-21; and
(3)Â
The senior discount herein relates only to the broadcast basic
level of cable television service, and shall not apply to any additional
service, feature, or equipment offered by the company, including any
premium channel services and pay-per-view services; and
(4)Â
Senior citizens who subscribe to a level of cable television
service beyond expanded basic service, including any premium or per-channel
a la carte service, shall not be eligible for the discount.
C.Â
The company shall have no further obligation to provide the senior
discount herein in the event that a) the company converts the municipal
consent granted herein to a system-wide franchise in accordance with
N.J.S.A. 48:5A-1; or b) upon Board approval of a certification that
another cable television service provider offering services to residents
of the municipality files, in accordance with N.J.S.A. 48:5A-30(d),
is capable of serving 60% or more of the households within the municipality.
In the event the company does cease providing a senior discount pursuant
to this provision, it shall comply with all notice requirements of
applicable law.
The company 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 Township pursuant to state and federal
requirements. The company shall in no way be held liable for any injury
suffered by the Township or any other person during an emergency if
for any reason the Township is unable to make full use of the cable
television system as contemplated herein. The Township shall utilize
the state-approved procedures for such emergency uses.
In any subsequent municipal consent, Township shall require,
at a minimum, the same terms and conditions of any other provider
of multichannel video programming subject to the Township's regulatory
authority as those contained in the instant consent.
Upon expiration, termination or revocation of this ordinance,
the company, at its sole cost and expense and upon direction of the
Board, shall remove the cables and appurtenant devices constructed
or maintained in connection with the cable 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 an open video system or any
other federal or state certification to provide telecommunications.
A.Â
The company shall continue to make available noncommercial public,
educational and governmental (PEG) access services available to the
residents of the municipality as described in the application for
municipal consent. All the company support for PEG access shall be
for the exclusive benefit of the company's subscribers.
B.Â
The company shall continue to provide one dedicated public, educational
and government access channel for use by the Township (the "PEG channel").
Additionally, the company shall, if requested by the Township, install,
at the company's expense, and continue to provide, a return feed
from the Municipal Building located at 1033 Weldon Road and the equipment
necessary to allow for the transmission of video and audio over the
channel (not including production, programming and mixing equipment),
without charge, to the company's headend or other location of
interconnection to the cable television system for public, educational
or governmental use of the PEG Channel, which return feed, at a minimum,
provides the ability for the Township to cablecast live or taped access
programming, in real time, as may be applicable, to the company's
customers in the municipality.
C.Â
The Township agrees that the company shall retain the right to use
the PEG channel, or portion thereof, for non-PEG access programming
during times when the Township is not utilizing the PEG channel for
purposes of providing PEG access programming. In the event that the
company uses the PEG channel for the presentation of such other programming,
the PEG programming shall remain the priority use, and the company's
rights with respect to using the PEG channel for non-PEG programming
shall be subordinate to the Township's provision of PEG access
programming on the PEG channel.
D.Â
The company shall have discretion to determine the format and method
of transmission of the PEG channel provided for in this § A500.21.
All of the commitments contained in the application and any
amendment thereto submitted in writing to the Township by the company,
except as modified herein, are binding upon the company as terms and
conditions of this consent. The application and any other written
amendments thereto submitted by the company 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, as such laws, rules
and regulations may be amended from time to time.
If any section, subsection, sentence, clause, phrase, or portion
of this ordinance is for any reason held invalid, preempted or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall
not affect the validity of the remaining portion thereof.
Notices required under this ordinance shall be in writing and
shall be mailed, first class, postage prepaid, to the addresses below.
Either party may change the place where notice is to be given by providing
such change in writing at least 30 days prior to the time such change
becomes effective. The time to respond to notices under this ordinance
shall run from receipt of such written notice.
Notices to the company shall be mailed to:
|
Altice USA
1 Court Square West, 49th Floor
Long island City, NY 11101
Attention: Senior Vice President for Government Affairs
|
With a copy to:
|
CSC TKR, LLC d/b/a Cablevision of Morris
c/o Altice USA
1 Court Square West
Long island City, NY 11101
Attention: Legal Department
|
Notices to the Township shall be mailed to:
|
Township of Jefferson
1033 Weldon Road
Jefferson, NJ 07849
Attention: Business Administrator
|
This ordinance shall take effect upon issuance of a certificate
of approval as issued by the Board of Public Utilities that incorporates
the material terms of this ordinance. Nothing herein shall alter the
right of the company to seek modification of this ordinance in accordance
with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7. In accordance with
N.J.S.A. 48:5A-25.1, the terms of this ordinance will no longer be
in effect upon the company converting the municipal consent (and any
certificate of approval) into a system-wide franchise.
The company shall make available representatives to meet upon
the request of the Township and upon 30 days' written notice
on a biannual basis with the Township, for the purpose or reviewing
the company's performance. The company representatives shall
respond to the reasonable requests for information made by the Township.
