[HISTORY: Adopted by the Council of the City of Salem 3-17-1986 as Ord. No. 8604. Amendments noted where applicable.]
The Mayor and Common Council of the City of Salem (hereinafter referred to as "the city") hereby grants to Tri-County Cable Television Company (hereinafter referred to as "the company"), its renewed consent to operate a cable television system within the City of Salem, including but not limited to the installation, maintenance, replacement and operation of wires, cables, conduits, poles and other television conductors and fixtures necessary for the maintenance and operation in the City of Salem of a cable television system and cable communications system.
The consent herein granted shall expire 15 years from the date a certificate of approval is 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 that a decision is made by the municipal governing body relative to the renewal of said consent.
Pursuant to the terms and conditions of the statute, 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 for cable television reception service in the city.
This consent to the company to operate a cable television system shall apply to all territory within the boundaries of the municipality of Salem, Salem County, New Jersey.
During the term of this renewal of the franchise and any subsequent 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 of each week, holidays excepted.
The Office of Cable Television is hereby designated as the complaint officer for the City of Salem pursuant to N.J.S.A 48:5A-26b. All complaints shall be received and processed in accordance with N.J.A.C. 14:17-7.1.
During the term of the renewal franchise, the company shall give a bond to the City of Salem, which bond shall be in the amount of $25,000. Such bond shall be to insure the faithful performance of all undertakings of the company as represented in its application for municipal consent incorporated herein.
The company shall not alter its basic service without first notifying the City of Salem and receiving approval of the Office of Cable Television, if required. The basic service includes those channels which the company is required to carry by Federal Comunications Commissions (FCC) rules and any channel which the company has previously agreed to carry without a separate or additional charge. "Alteration" shall mean reduction of services.
The company shall provide access time to noncommercial public, governmental and educational entities as promised in Section V2, page 12, of its application.
The company shall provide the installation of one outlet and basic monthly service to each school and the public library in the City of Salem, free of charge. Each additional outlet installation shall be paid for by the institution on a cost-plus-labor basis. Monthly service on each additional outlet shall be charged at the regular tariff rates for additional outlets.
The company shall be required to have the capability at the headend to override the audio portion of the system in order to permit the broadcasting of emergency messages by the city. The city shall, itself or through a county-wide Office of Emergency Management, provide such facilities, or if such facilities are provided by the company, it shall be the responsibility of the city to pay for their use. The company shall in no way be held liable for any injury suffered by the city if it 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 expense at all times during the term of this consent liability insurance, naming the city as an insured and insuring against loss by any such claim, suit, judgment, execution or demand in the minimum amounts of:
A. 
One million dollars for combined bodily injury and property damage as a result of automobile accident and also by general liability coverage.
B. 
Worker's compensation liability at $500,000.
The terms of the company's application for municipal consent are incorporated into and made a part of this ordinance where not herein repeated at length. Any portion of the application in conflict with the provisions of the Cable Television Act, N.J.S.A. 48:5A-1et seq., or FCC Rules and Regulations 76.1 et seq., as amended, is not to be construed as effective under this application, and is considered unenforceable.
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 affect the validity of the remaining portions thereof.
This ordinance shall be effective upon the issuance by the Board of Public Utilities of a certificate renewing the franchise of the company to operate a cable television system in the City of Salem.