[HISTORY: Adopted by the Mayor and Council of the Borough of Chester
by Ord. No. 85-13. Amendments noted where applicable.]
The municipality hereby grants to the companies 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 municipality poles,
wires, cables, underground conduits, manholes and other television conductors
and fixtures necessary for the maintenance and operation in the municipality
of a cable television system and cable communications system. Construction
pursuant to said consent is conditioned upon prior approval of the Board of
Public Utilities. The privilege hereby granted is subject to the document
rights and interest of the municipality and the public as well as the rights
of any franchised public utility company and where applicable, the rights
of the State of New Jersey and the County of Morris in any street in the municipality.
For the purpose of this chapter, the following terms, phrases, words
and their derivation shall have the meaning given herein. Such meaning or
definition of terms is supplemental to those definitions of the Federal Communications
Commission, FCC Rules and Regulations, 76.1 et seq. 47 CFR 517 et seq. (1983)
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:
Chapter 186 of the General Law of New Jersey, 1972, Section 48:5A-1 et seq.
The Board of Public Utilities of the Department of Energy.
The grantees of rights under this chapter and are known as Chester-Mendham
Cable TV, Inc. and Consolidated Cable Services, Inc.
The Borough of Chester, County of Morris in the State of New Jersey.
A public hearing concerning the consent herein granted to the companies
was held after proper public notice pursuant to the terms and conditions of
the Act. Said hearing having been held as above stated and said hearing having
been fully open to the public, and the municipality having received at said
hearing all comments regarding the qualifications of the companies to receive
this consent the municipality hereby finds that the companies possess the
necessary legal, technical, character, financial and other qualifications
and that the companies and construction arrangements are adequate and feasible.
The consent herein granted shall expire 15 years from the date a certificate
of approval is issued by the Board of Public Utilities.
A.
The consent granted herein shall be subject to automatic
renewal for a period of five years in accordance with the procedures set forth
in N.J.S.A. 48:5A-19 and 25, and N.J.S.A. 14:18-11.1 et seq.
B.
The companies shall be required to petition the Board
for a certificate of approval authorizing continued operation during the period
following expiration of the consent granted herein until such time that a
decision is made by the municipal governing body relative to the renewal of
said consent. Such petition shall be filed at least 60 days prior to the expiration
of the consent granted herein.
[Amended by Ord. No. 96-06]
Pursuant to the terms and conditions of the Act, the companies shall, during each year of operation under the consent granted herein, pay to the municipality as established in Chapter 127, Fees.
The companies shall complete significant construction within one year
of the date upon which it receives a certificate of approval from the Board.
The companies shall be required to complete all construction within the service
area described herein within one year thereafter. The timetable as presented
in the application incorporated herein has been determined to be reasonable
by the municipality.
The companies shall be required to proffer service to any person's
residence or business located in 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 companies respective proposals in their applications.
The consent granted herein to the companies shall apply to the entirety
of the municipality and any property hereafter annexed thereto.
A.
Restoration. In the event that the companies or its agents
shall disturb any pavement, street surfaces, sidewalks, driveways, or other
surfaces in the natural topography, the companies shall at their 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.
Relocation.
(1)
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 companies, upon reasonable notice by the municipality, shall
remove, re-lay and relocate its equipment, at the expense of the companies.
(2)
The companies shall temporarily move or remove appropriate
parts of their facilities to allow moving of buildings, machinery or in other
similar circumstances. The expense shall be borne by the party requesting
such action except when requested by the municipality when the companies shall
bear the cost.
C.
The removal or trimming of trees. During the exercise
of its rights and privileges under this franchise the companies shall have
the authority to trim trees upon and overhanging streets, alleys, sidewalks,
and public places of the municipality so as to prevent the branches of such
trees from coming in contact with the wires and cables of the companies. Such
trimming shall be only to the extent necessary to maintain proper clearance
for the companies' facilities.
During the term of this franchise, and any renewal thereof, the companies
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.
through 5:00 p.m., Monday through Friday.
The Office of Cable Television, 1180 Raymond Boulevard, Newark, New
Jersey is hereby designated as the complaint officer for the Borough of Chester,
pursuant to N.J.S.A 48:5A 26(b). All complaints shall be received and processed
in accordance with N.J.A.C. 14:17-7.1.
A.
During the life of the franchise, each of the companies
shall give a bond to the Borough of Chester which shall be in the amount of
$25,000.
B.
Such bonds shall be to insure the faithful performance
of all undertakings of the companies as represented in their applications
for municipal consent incorporated herein.
The municipality, having determined that the rates proposed in the respective
companies' applications for cable television reception service are reasonable,
approves them as presented, subject to review by the Board.
A.
The companies shall not alter its basic service without
first notifying the municipality and receiving approval of the office of cable
television.
B.
The basic service includes those channels which the companies
is required to carry by F.C.C. rules and any channel which the companies has
previously agreed to carry without a separate or additional charge.
The cable operator shall access time to noncommercial public, governmental
and educational entities to the extent such access was promised to the municipality
during the application and franchising process.
The cable companies shall provide the installation of one outlet and
basic monthly service to each school (and/or library) in the municipality
free of charge. Upon request, each additional outlet installation shall be
paid for by the institution on a cost plus labor basis. Monthly service on
such additional outlets shall be charged at the regular tariffed rates for
additional outlets.
In the event that the municipality determines that it is necessary and
feasible for it to contract with the companies for the purpose of providing
additional equipment or specific services to the municipal government or its
agencies, the companies shall be required to apply to the Board, and if necessary
the F.C.C., for approval to enter into and establish the terms and conditions
of such a contract. All costs related to such application to the Board and
F.C.C. shall be allocated and paid in a manner agreeable to the companies
and the municipality, subject to approval of the Board.
The companies 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 municipality shall provide
such facilities, or if such facilities are provided by the companies, it shall
be the responsibility of the municipality to pay for their use. The companies
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 companies agree to maintain and keep in full force and effect as
their sole expense at all times during the term of this consent, sufficient
liability insurance naming the Borough of Chester as an 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, $1,000,000
for property damage resulting from any one accident, and more specifically,
as set forth in the respective companies' applications.
A.
The companies shall not hinder or in any way unreasonably
or unnecessarily obstruct the public use of any and all parts of the streets,
and where necessary to temporarily obstruct some part of a street for the
purpose of installation, inspection, maintenance or repair of its facilities,
the companies shall schedule such work at such times as pedestrian and vehicular
traffic is normally light, and at all times shall provide adequate guards,
barriers and warning devices to safeguard the public from injury to persons
and property.
B.
Wherever practicable, the companies shall employ the
use of existing poles heretofore or hereafter installed and maintained by
franchised utility companies, under pole lease agreements with the owners
of such poles. No new poles, cables, guys or other equipment will be permitted
at any point or place where the same will or may interfere with any sidewalk,
crosswalk, driveway, building, shade tree, street intersection, utility pole,
electrical power, telephone or telegraph line; gas, water storm or sanitary
sewer main, catch basin or any other existing public or private facility,
or with any contemplated municipal improvement. No new poles shall be installed
without the approval of the Mayor and Council as to the location thereof.
C.
The companies' transmission and distribution system
poles, wires and appurtenances shall be located, erected and maintained so
as not to endanger or interfere with the lives of persons, or to interfere
with new improvements the borough may deem proper to make, or to unnecessarily
hinder or obstruct the free use of the streets, alleys, bridges or other public
property. Removal of poles to avoid such interference shall be at the companies'
expense.
D.
In the maintenance and operation of its television transmission
and distribution system in the streets, alleys and other public places, and
in the course of any new construction or addition to its facilities, the companies
shall proceed so as to cause the least possible inconvenience to the general
public. Any opening or obstruction in the streets or other public places made
by the company in the course of its operation shall be granted and protected
at all times by the placement of adequate barriers, fences or boardings, the
bounds of which, during periods of dusk and darkness, shall be clearly designated
by red warning lights. All openings in public streets or places shall, nevertheless,
be subject to and governed by the regulations and provisions of borough ordinances
pertaining to excavation and construction in public streets, roads or highways.
E.
It is the stated intention of the municipality that all
other holders of public licenses and franchises within the limits of the municipality
shall cooperate with the companies to allow the companies' joint usage
of their poles and pole-line facilities wherever such usage does not interfere
with the normal operation of said poles and pole lines so that a number of
new or additional poles constructed by the companies within the municipality
may be minimized. Such cooperation shall include the rights of joint usage
at reasonable rates and on reasonable terms.
F.
The companies shall grant to the municipality, free of
expense, joint use of any and all poles owned by it for any proper municipal
purpose acceptable to the companies, insofar as it may be done without interfering
with the free use and enjoyment of the companies' own wires and fixtures.
Proper regard shall be given to all existing safety rules governing construction
and maintenance in effect at the time of construction.
G.
All equipment shall be properly installed and shielded
so as to prevent interference with television and radio reception.
H.
The companies, at its own expense, promptly and in a
workmanlike manner, will repair any damage to streets as herein defined or
to any drains, sewers, lawns, shrubs or in any other public or private property,
caused by any act of the companies, its officers, agents, servants, contractors,
or subcontractors; any third person; or by act of God, and upon the municipality's
request, will temporarily, remove, at its own expense, any wire, cable, pole,
or other equipment within any street as herein defined, at any time such removal
may be considered by the municipality to be necessary to accomplish a municipal
purpose; and whenever requested by the municipality, the companies, at its
own expense, will permanently remove and relocate such of its facilities as
may interfere or tend to interfere with municipal improvement.
The companies, during the period it exercises privilege herein granted,
shall maintain and operate its system according to the highest current prevailing
operating standards promulgated by the Federal Communications Commission and/or
the office of Cable Television, in such manner as to provide its subscribers
the highest possible level of quality and reliability. The companies shall
exercise its best effort to provide its subscribers with all the advantages
resulting from time to time from advances and improvements in the Community
Antenna Television Industry.
Upon 20 days advance notice, the companies shall appear at a public
hearing before the Mayor and Council for the purpose of public review of the
performance of the companies in accordance with the terms of the section and
the regulations of the office of cable television.
The privilege herein granted to the companies is made upon the express
condition that within 10 days after the final adoption of this chapter, the
companies shall file with the Municipal Clerk, a written acceptance of the
same, and all of its conditions; and bind itself to provide the necessary
television antenna service within the municipality to all persons subscribing
for such service; and to provide, maintain and continuously operate the system
contemplated in this chapter without interruption, except for causes beyond
the companies reasonable control. In the event the companies fail to file
such written acceptance within such period, this chapter shall be void as
it applies to either company which fails to file such written acceptance.
All of the written commitments contained in the written applications
of the companies and their representations at the public meeting except as
modified herein, are to be considered to be binding upon the applicant as
the terms and conditions of this consent, and the applications shall be annexed
hereto and made a part hereof by reference, provided that any provisions of
the applications in conflict with the provisions of the Cable Television Act,
N.J.S.A. 48:5A-1 et seq., and/or FCC Rules and Regulations shall not be construed
as effective under the terms of this grant and such provisions in the application
which exceed the FCC Rules and Regulations are considered unenforceable.
