[HISTORY: Adopted by the Mayor and Council of the Borough of Park Ridge 2-13-1990 by Ord. No. 90-1. Amendments noted where applicable.]
Street openings and excavations — See Ch. 85.
Streets and sidewalks — See Ch. 86.
The Borough of Park Ridge hereby grants to Micro Cable Communications, Inc., doing business as U.A. Columbia Cablevision of New Jersey, 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 Borough poles, wires, cables, underground conduits, manholes and other television conductors and fixtures necessary for the maintenance and operation in the Borough of a cable television system and cable communications system. Construction and operation pursuant to this consent is conditioned upon prior approval of the Board of Public Utilities.
For the purpose of this ordinance, the following terms, phrases, words and their derivations shall have the meanings given herein. Such meaning or definition of terms is supplemental to those definitions of the Federal Communications Commission, FCC Rules and Regulations, 47 CFR 76.1 et seq., and the Cable Communications Policy Act, 47 U.S.C § 521 et seq., as amended, 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.
- The grantee of rights under this ordinance, known as "U.A. Columbia Cablevision of New Jersey."
- The Borough of Park Ridge, County of Bergen, in the State of New Jersey.
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. The hearing having been held as above stated and the hearing having been fully open to the public and the Borough having received at the hearing all comments regarding the qualifications of the company to receive this consent, the Borough hereby finds the company possesses the necessary legal, technical, character, financial and other qualifications and that the company's operation and construction arrangements are adequate and feasible.
The consent herein granted shall expire in 10 years from the date of the expiration of the original certificate of approval as issued by the Board of Public Utilities, subject to the company's performing the services, construction and payment of all required fees.
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 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 a 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 Act, the company shall, during each year of operation under the consent granted herein, pay to the Borough 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 municipality or any amount permitted by the New Jersey Cable Television Act or otherwise allowed by law. In the event that the franchise fee is increased by law or practice, then the company shall increase the amount paid to the Borough equal to the increase. This requirement shall continue throughout the term of this franchise.
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 Borough, provided that the company installs a fiber optic trunk line from the receiving station in Wayne to a subhead to be located in the north-central part of Bergen County, reduces the number of amplifiers feeding the Borough to a maximum of 20; all of the signal improvement, including the fiber optic trunk line and the reduction of amplifiers, shall be done by not later than December 31, 1993; and the channel capacity shall be increased from the present 36 channels to 50 or more channels.
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.
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, 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.
If at any time during the period of this consent the Borough shall alter or change the grade of any street, alley or other way or place, the company, upon reasonable written notice by the Borough, shall remove, relay and relocate its equipment, at the expense of the company.
The company shall temporarily move or remove appropriate parts of its facilities to allow moving of buildings or machinery or in other similar circumstances. The expense shall be borne by the party requesting such action, except when requested by the Borough, in which case the company shall bear the cost.
Removal or trimming of trees. During the exercise of its rights and privileges under this franchise, the company shall have the authority, upon reasonable written notice to the Borough, 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 and cables of the company. Such trimming shall be only to the extent necessary to maintain proper clearance for the company's facilities.
The company shall provide installation to any person's residence or business as described in its application.
The consent granted herein to the company shall apply to the entirety of the Borough of Park Ridge and any property hereafter annexed thereto.
During the term of this franchise and any renewal thereof, the company shall maintain a local business office or agent within a ten-mile radius of the Municipal Building or the Borough of Park Ridge in the State of New Jersey 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, and shall be accessible by a toll-free phone number during that time period.
The Borough Administrator is hereby designated as the municipal complaint officer to receive and act on written complaints by subscribers to cable television reception and/or service provided pursuant to this franchise. The municipal complaint officer shall notify the company within two working days of the receipt of all written complaints, and the company shall respond to said complaints within two working days thereafter. The municipal complaint officer shall prepare and file with the governing body of the municipality and with the company a report of the disposition of each complaint within one week after filing of the complaint with the complaint officer.
During the life of the franchise, the company shall post corporate surety to the Borough, which bond shall be in the amount of $25,000, to insure the faithful performance of all undertakings of the company as represented in its application for municipal consent incorporated herein.
The Borough, having determined that the rates for all services, except second set changes, proposed in the application for cable television reception service are reasonable, approves them as presented. The monthly service charge of $4 with converter or $3 without converter for a second television set is not reasonable. This charge is disapproved by the Borough and not an approved rate change. The company shall not charge for any service when there has been more than two continuous hours' outage of service in any one day. In addition, for each educational and public library facility, the company shall provide one initial outlet free of charge. Installation of all other outlets beyond the first shall be on a cost-plus-labor basis. The company shall provide free service during continuation of the connection, and there shall be no disconnect or reconnect charges. The education and governmental channels are to be provided free.
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.
In the event that the Borough determines that it is necessary and feasible for it to contract with the company for the purposes of providing two-way service and procures prior Federal Communications Commission approval based on a showing of need, the company shall be required to apply for all necessary governmental approvals and authorizations to enter into and establish the terms and conditions of such contract. All costs for such application shall be borne by the Borough.
In the event that the Borough determines that it is necessary and feasible for it to contract with the company for the purposes of providing interconnection services, the Borough may apply for all authorizations required by law, state and federal, for approval to enter into and establish the terms and conditions of such contract. All costs for such application shall be borne by the Borough.
The municipality finds that the equipment and/or personnel to be provided by the company for public, education or governmental use as provided in the application of the company for municipal consent is reasonable with the improvements or construction as required by § A126-7.
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 broadcasting of emergency messages by the municipality. The company shall in no way be held liable for any injury suffered by the municipality 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 municipality 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, sufficient insurance insuring the Borough and the company against all liability for death, personal injury, property damage or other liability arising out of the company's construction and operation of its CATV system. Such insurance coverage shall be not less than $1,000,000 for bodily injury or death and not less than $25,000 for property damage. The company shall file with the Borough Clerk proper evidence of such coverage and shall notify the Borough of Park Ridge of any changes in coverage, cancellation or nonrenewal. The company shall not cancel or change the coverage without first giving the Borough of Park Ridge 10 days' advance notice.
Any portion of the application which is in conflict with the provisions of the Cable Television Act, N.J.S.A. 48:5A-1 et seq., the Cable Communications Policy Act, 47 U.S.C. § 521 et seq., and/or FCC Rules and Regulations, 76.1 et seq., as amended, is not to be construed as effective under the terms of this ordinance.
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of 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 hereof.
The revocation of a franchise is permissible only upon petition by the Borough to and approved by the Board of Public Utilities pursuant to N.J.S.A. 48:5A-47. The Borough shall have the right to petition for such revocation for any alleged violation of the terms of this ordinance by the company.
The company specifically consents that when it offers or provides any type of rate reduction, free service or installation to any other subscriber or potential subscriber in any other municipality in its system, these same reductions, free service or installation shall be offered to the subscribers in the Borough. The company specifically consents to offer to the subscribers in the Borough any and all additional channels, program or viewing opportunity it offers, provides or will offer or provide to any other subscriber in any other municipality.
This ordinance shall take effect upon publication of notice of final passage and approval thereof as required by law.