[HISTORY: Adopted by the Township Council
of the Township of East Hanover 5-14-2001 by Ord. No. 17-2001.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded
former Ch. A216, Cable Television Franchise, adopted 7-11-1991 by
Ord. No. 15-1991.
For the purpose of this ordinance, the terms
defined herein shall have the meanings indicated:
That statute of the State of New Jersey relating to cable
television, known as the "Cable Television Act," N.J.S.A. 48:5A-l
et seq.
Cablevision'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, Inc. (Cablevision), the grantee of rights under
this ordinance.
The Federal Communications Commission.
The federal statute relating to cable communications, commonly
known as the "Cable Communications Policy Act of 1984," 47 U.S.C.
Section 521 at seq., and the Telecommunications Act of 1996, or as
those statutes may be amended.
Those federal regulations relating to cable television services,
47 C.F.R. 76 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 State of New Jersey.
Those regulations of the State of New Jersey Board of Public
Utilities relating to cable television, N.J.A.C. 14:178-1.1 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 East Hanover in the
County of Morris, State of New Jersey.
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
no comments regarding the qualifications of Cablevision to receive
this consent, the township 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 township 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 township of a cable
television system, and for the provision of any communications service
over 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.
The 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 time that a decision is made by the township and Board
relative to the renewal of said consent.
The consent granted under this ordinance to
Cablevision shall apply to the entirety of the township and any property
hereinafter annexed.
Cablevision shall be required to proffer video
programming service along any public right-of-way to any person's
residence (located in) within the portion of the franchise territory
as described in the application for municipal consent, at tariff(ed)
rates for standard and nonstandard installation.
Cablevision shall extend service along any public
right-of-way outside its service area to these residences within the
franchise territory which are located in areas which have a residential
density of 25 homes per mile or greater, or areas with less than 25
homes per mile where residents agree to share the costs 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, Cablevision 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 township. In the event applicable law hereinafter permits a
larger franchise fee to be collected, but does not fix the amount
thereof, the township and Cablevision shall negotiate in good faith
with respect to the amount thereof.
A.Â
Cablevision shall provide, free of charge, one standard
installation and monthly cable television reception service to all
state-accredited public schools and all public libraries within the
township. When high-speed internet access via cable modem service
from the company becomes commercially available to residential customers
within the township, Cablevision shall provide to all state-accredited
public schools and all public libraries, free of charge, one free
(high-speed) cable modem and monthly internet (access) service, including
a standard installation.
B.Â
Cablevision shall provide, free of charge, one installation
and monthly cable television reception service to the Recreation Center
on Fifth Street and to Fire Headquarters on Ridgedale Avenue. When
high-speed internet access via cable modem service from the company
becomes commercially available to residential customers within the
township, Cablevision shall provide to Town Hall (and to Police Headquarters),
free of charge, one free cable modem and monthly internet service
including standard installation to each site (the designated buildings).
The township shall be permitted, at its own cost, to network up to
three additional personal computer terminals in the Town Hall building
[four computers in total (at each location)] to the cable modem provided
by Cablevision.
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 township:
A.Â
In the event that the company or its agents shall
disturb the pavement, street surfaces, sidewalks, driveways or other
surfaces, the company shall, at its sole expense, repair 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
township, shall remove and relocate its equipment at its own expense.
C.Â
Upon request of a person holding a building or moving
permit issued by the township 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
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 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 then 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. 46:5A-26, and any complaints by local subscribers to cable
television reception or service shall be filed directly with said
office. All complaints shall be reviewed and processed in accordance
with N.J.S.A. 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 township as an additional
insured and insuring against loss by any claim, suit, judgment, execution
or demand stemming from or arising out of the company's exercise
of its rights hereunder in the minimum amounts of $1,000,000 for bodily
injury or death to one person, $1,000,000 for bodily injury or death
resulting from any one accident or occurrence and an excess liability
policy in the amount of $5,000,000.
Cablevision shall obtain and maintain at its
sole cost and expense during the term of this consent, a bond to the
municipality 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 shall be subject to regulation
as permitted by federal and state law.
B.Â
Cablevision shall implement a senior citizen discount
in the amount of 10% off the rate for the monthly basic level of cable
television reception service to any person 62 years of age or older,
who subscribes to cable television reception service 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.
(2)Â
Subscribers seeking eligibility for the discount
must meet the income and residence requirements of the Pharmaceutical
Assistance to Aged and Disabled (PAAD) program in the state pursuant
to N.J.S.A. 30:4D-21.
(3)Â
The senior citizen discount rate herein relates
only to the entry level basic rate of cable television reception service
and shall not apply to any additional service, feature, or equipment
offered by the company, including premium channel service and pay-per-view
services.
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 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 municipality 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.
A.Â
In the event that another multi-channel video program
providers' service within the township creates a significant
competitive disadvantage to Cablevision, the company shall have the
right to request from the township lawful amendments to its franchise
that relieve it of burdens which create the unfair competitive situation.
Should the company seek such amendments to its franchise, the parties
agree to negotiate in good faith appropriate changes to the franchise
in order to relieve the company of such competitive disadvantages.
If the parties can reach an agreement on such terms, the township
agrees to support the company's petition to the Board for modification
of the consent in accordance with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7.
B.Â
If the parties are unable to agree on appropriate
amendments to this franchise, the township acknowledges that the company
shall have the right to petition the Board directly for such amendments
in accordance with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7; provided,
however, that the township shall be under no obligation to support
Cablevision's request for such relief from the Board.
C.Â
Cablevision represents and acknowledges that as of
the date of its acceptance of this municipal consent, competition
within the township has not yet risen to the level of creating a significant
competitive disadvantage sufficient to enable the company to seek
relief under this section.
Upon expiration, termination or revocation of
this ordinance, Cablevision, at its sole cost and expense and upon
direction of the township, 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 designated public, governmental and educational access
channel (PEG access) for use solely by the residents and institutions
of the township. This channel may only be used for noncommercial programming.
Cablevision shall be responsible for developing, implementing, interpreting
and enforcing reasonable rules for PEG access channel use, in accordance
with applicable law.
B.Â
Cablevision shall also provide the township with a
grant of $15,000 to be applied toward the purchase ($10,000) of PEG
access equipment, such as cameras, editing and playback devices, (which
shall be installed at the direction of the township). The township
shall, in its discretion, be permitted to use such grant toward the
purchase of other telecommunications related services from Cablevision
in lieu of purchasing PEG access equipment.
C.Â
The township agrees that Cablevision shall retain
the rights to use the PEG access channel or portion thereof for non-PEG
access programming during times when the township is not utilizing
the channel for purposes of providing PEG access programming. In the
event that the company uses said PEG access 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 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 amendments thereto submitted in writing to the township 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 those 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 the state or federal
law.
This consent shell be construed in a manner
consistent with all applicable federal, state and local laws.
If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held invalid
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.
This ordinance shall take effect upon final
passage and publication as required by law; provided, however, that
implementation thereof shall be stayed until the issuance of a certificate
of approval by the Board of Public Utilities.
