[HISTORY: Authorized by the Board of Trustees
of the Village of Mill Neck 2-2-1982 by resolution. Amendments noted where applicable.]
GENERAL REFERENCES
Streets — See Ch. 106.
A.
The village hereby grants to Cablevision Systems Long Island Corporation (CSLIC) and its successors and assigns the nonexclusive right and privilege, for the term set forth in § A131-4, to erect, place in the village and to construct, maintain and operate in, over or under the present and future streets, sidewalks, alleys, utility easements, public land and places all necessary wiring and other apparatus for the purpose of transmitting, receiving, amplifying and distributing telephone, telegraph and radio signals to said village and the inhabitants thereof.
B.
The village reserves the right to grant a similar
use of said present and future streets, sidewalks, alleys, utility
easements, public land and places to any person at any time during
the term of this agreement.
A.
Poles and towers, if necessary, shall be erected so
as not to interfere with the traffic over the streets and alleys,
and the erection and location of all poles and other obstructions
shall be fixed with the prior written approval of the Board of Trustees
and under the supervision of the village, which approval shall not
be unreasonably withheld; provided, further, that CSLIC shall not
have a vested interest in such location, and such construction shall
be removed by CSLIC whenever the same restricts or obstructs the operation
or location or any future operation or location of said streets, alleys
and public places and highways.
B.
CSLIC affirmatively represents and hereby covenants
that when and if any utility company or similar entity constructs
or installs underground transmission facilities or causes its wiring,
cables or paraphernalia to be placed underground, CSLIC shall, at
its sole cost and expense, cause its cables and wiring to also be
placed underground within a reasonable time and in a like manner as
that of the above-mentioned utilities.
The village hereby grants to CSLIC permission
to attach or otherwise affix its cables or wires to the facilities
of any public utility company, even though the same may cross over
or under the streets, sidewalks, public lands and highways of the
village, provided that CSLIC secures the permission or consent of
said aforementioned public utility companies concerned.
The term of this agreement shall be for a period
of 10 years from the date of execution hereof and may be renewed for
an additional period of five years at the option of CSLIC and in accordance
with the rules and regulations of the New York State Commission on
Cable Television.
All streets and sidewalks disturbed or damaged
in the construction or maintenance of said cable lines and other appurtenances
and all other property damaged or destroyed by CSLIC shall be promptly
repaired or replaced by CSLIC at its expense. CSLIC shall post bonds
as required pursuant to the street opening local law of the village
or as otherwise directed by the Board of Trustees.
A.
CSLIC shall comply with all laws, rules and regulations
of the local, state and federal governments and their regulatory agencies
or commissions which are now or may hereafter be applicable to the
operation authorized herein, including, without limitation, all ordinances
now in force or that may hereafter be enacted.
B.
This agreement shall be deemed automatically amended
to incorporate all changes in federal or state cable television franchise
standards. All such changes shall be incorporated herein within one
year from the adoption of such modification or at the time of franchise
renewal, whichever shall first occur.
C.
In furtherance of the conduct of the business contemplated
by this agreement, CSLIC is exempted from all local laws, ordinances,
regulations and the like, other than those referring specifically
to solicitations by cable systems representatives, which the village
now has or may have governing the door-to-door solicitation of customers
by salesmen, to the extent listed below:
(1)
CSLIC shall be permitted to solicit customers between
the hours of 10:00 a.m. and 9:00 p.m.
(2)
CSLIC shall be exempt from any provision of the ordinance
requiring permits and/or fees to be obtained and/or paid.
(3)
CSLIC shall be exempt from any provision of the ordinance
limiting the distance from any type of building within which CSLIC's
representatives may solicit.
(4)
CSLIC shall provide a list of names and addresses
of all representatives who will be soliciting within the village,
and each such representative shall have in his possession an employee
identification card, including a picture issued by CSLIC. CSLIC shall
also notify the village as to the dates on which CSLIC will be soliciting
within the village. Such notice shall be in writing and shall be given
at least 30 days prior to the commencement of solicitation within
the village.
A.
CSLIC hereby agrees to indemnify the village for liability
for which the village can or may be held liable as the result of injury
to persons or property occurring by reason of the installation, operation
or maintenance of the cable system herein authorized, and it is a
condition of this agreement that the village shall not and does not,
by reason of the franchise granted herein, assume any liability whatsoever
either to persons or property on account of same.
B.
CSLIC shall, prior to commencing any erection, construction
or other physical operation, file and maintain with the village, throughout
the term of this agreement, liability insurance policies, issued by
a company authorized to do business in this state and approved by
the Superintendent of Insurance, insuring the village and CSLIC with
respect to the installation, construction, maintenance and operation
of the cables, appurtenant devices thereto and building connections
herein authorized: for bodily injury, including death, in the minimum
amount of $1,000 for any one person and the minimum amount of $3,000
for any one accident and for property damage, in the minimum amount
of $300,000.
Upon expiration, termination or revocation of this agreement, CSLIC, at its sole expense and upon direction of the village, shall remove the cables and appurtenant devices constructed or maintained in connection with the services authorized herein. Upon the default of CSLIC to remove said cables and appurtenant devices, the village may remove same and recover the expenses relating thereto from the bond provided pursuant to § A131-14 herein.
A.
CSLIC shall construct its cable system using materials
of good and durable quality, and all work involved in the construction,
installation, maintenance and the repair of the system shall be performed
in a safe, thorough and reliable manner.
B.
All technical specifications and the operation of
the system shall at all times conform to the specifications established
by the Federal Communications Commission (FCC) and the New York State
Commission on Cable Television.
A.
CSLIC shall apply for all necessary pole and conduit
rental agreements within 30 days of the execution of this agreement.
B.
CSLIC shall commence construction of the system within
30 days of receipt of all necessary operating approvals (approvals).
C.
Significant construction shall be accomplished within
six months of CSLIC's receipt of all approvals.
D.
Energized trunk cables will be extended throughout
village within 12 months of receipt of all approvals.
E.
Service will be made available to the first portion
of the village within six months of receipt of approvals. Cable television
services shall be available throughout the village within one year
of receipt of all approvals.
F.
CSLIC shall construct a cable television system consisting
of a single trunk cable, single feeder cable television system which
will be capable of providing no less than 36 downstream channels of
television and FM radio service and four channels of upstream capability.
The cable television system shall be capable of providing two-way
voice and digital services, including burglary and fire alarm and
medical alert services.
A.
Subscription to the services herein authorized shall
be wholly voluntary and optional to the residents of the village.
B.
There shall be a standard installation cost for basic
service which shall not exceed $25; provided, however, that such aerial
installation is not more than one 150 feet from the property line
of the subscriber. For underground installations, aerial installations
in excess of 150 feet and for custom installations requested by the
subscriber, CSLIC may charge its actual costs, provided that the subscriber
has been advised in writing of such cost prior to commencing the installation.
Charges for installation of basic service to additional television
sets shall not exceed $15 per set. There shall be no charge to the
subscriber to disconnect the cable service.
C.
The charge for basic service to each residential subscriber
shall not exceed the sum of $7 per month for the first set, and the
charge for serving each additional set in the same home shall not
exceed the sum of $2 per month. The charge for basic service to any
type of commercial establishment shall not exceed the sum of $25 per
month per set.
D.
In addition to all other charges authorized herein,
there shall be a low-density differential charge which shall not exceed
the sum of $27 per month. CSLIC and the village shall review the low-density
differential charge annually during the term hereof on or about January
1 of each year. If, on January 17 of each such year, CSLIC's actual
residential subscriptions within the village equal or exceed 20 homes
per linear street mile, the low-density differential charge shall
be waived. In the event that CSLIC's actual residential subscriptions
within the village subsequently decrease to a level below 20 homes
per linear street mile at the date of a subsequent review, the low-density
differential charge shall be reinstated.
E.
As used in this agreement, the term "basic service"
means the delivery by CSLIC to the television receivers of all subscribers
within the village of all broadcast signals required to be carried
by CSLIC pursuant to and as defined by the rules and regulations of
the FCC.
F.
CSLIC may charge less than any of the maximum rates specified in Subsections B and C above without village approval. In the event that CSLIC wishes to raise any rate which is subject to the jurisdiction of the village above such maximums, it shall first file the proposed rate changes with the village. A public hearing on such proposal shall be held within 45 days after the filing of the proposed rate changes, and notice of such public hearing shall be published in accordance with applicable law. The village hereby agrees that it will not unreasonably deny or modify such proposed increase. In the event that the village fails to schedule the said public hearing or such proposed increase is denied, modified in whole or in part or is not acted upon by the Village Board within 45 days after the public hearing, CSLIC shall have the right to certify to the New York State Commission on Cable Television that the village and CSLIC are unable to agree upon the rate or rates to be charged and request that said rate increase shall be determined by the New York State Commission on Cable Television pursuant to § 825, Subdivision 5(e), of the Executive Law.
G.
The following is a list of the current monthly rates
charged to CATV system residential subscribers:
|
Service
|
First
Set
|
Each Additional Set
|
|---|---|---|
|
Basic service
|
$4.50
|
$1.00
|
|
Family cable service
|
12.50
|
4.50 (without converter) 7.50 (with converter)
|
|
MovieChannel 6
|
19.50
|
4.50 (without converter) 7.50 (with converter)
|
|
Sportschannel
|
19.50
|
4.50 (without converter) 7.50 (with converter)
|
|
Cablevision 30
|
24.00
|
4.50 (without converter) 7.50 (with converter)
|
|
Rainbow Programming
|
34.00
|
9.50
|
|
Rainbow Plan
|
39.00
|
9.50
|
|
Rainbow Gold
|
49.00
|
9.50
|
|
Parental guidance key
|
1.00
|
1.00
|
|
Low-density differential
|
27.00
|
A.
CSLIC shall maintain an office with telephone service
in a place reasonably accessible to residents of the village for so
long as it continues to operate the system hereunder and hereby designates
such office as the place where all notices, directions, orders and
requests may be served or delivered under this agreement. CSLIC's
current office is located in Woodbury, New York. It is CSLIC's intention
to open additional business offices in Nassau County. CSLIC shall
provide customer services to village residents from the business office
located closest to the borders of the village. CSLIC shall file a
notification with the village whenever the address of the business
office serving the village or the main office of CSLIC is changed.
B.
All complaints against CSLIC relating to its performance
under this agreement, including but not limited to those concerning
quality of service, equipment malfunctions and billing disputes, shall
be received at the aforesaid office of CSLIC by duly authorized employees.
All complaints so received will be turned over to the head of the
department to which the complaint relates. The manager of the system
shall establish a follow-up procedure for all complaints, other than
those concerning equipment or system malfunction, so that all complaints
shall be reviewed weekly.
C.
Regarding complaints of equipment or system malfunction,
CSLIC shall respond to such complaints within 36 hours after receipt
thereof and correct malfunctions as promptly as possible. CSLIC shall
provide a daily prorata credit to any subscriber who is without service
for any period in excess of 24 hours due to the fault of CSLIC.
D.
At least once every calendar year CSLIC will provide
written notice to each subscriber of the procedures for reporting
and resolving complaints.
A.
There shall be no transfer of control of CSLIC or
assignment of the franchise or any of the rights, privileges and immunities
contained herein without the prior approval of the village, and the
village hereby agrees that it will not unreasonably withhold such
approval.
A.
CSLIC shall, prior to commencing any erection, construction,
installation or physical operation, procure and maintain, throughout
the term of this franchise, a faithful performance bond in the penal
sum of $10,000, in a form approved by the village and running to the
village, with a surety licensed to do business in the State of New
York. The condition of the bond shall be that CSLIC shall well and
truly observe, fulfill and perform each condition of this franchise
and that in the case of any default or breach of any condition of
this franchise, the amount of all resulting damages shall be recoverable
by the village from such bond. Such bond shall remain in full force
and effect for a period of one year after the termination of this
franchise.
B.
In lieu of the aforementioned bonds, CSLIC may deposit
with the village a like amount in cash or a letter of credit from
a banking institution in Nassau County, in a form acceptable to the
village, guaranteeing construction and faithful performance of the
provisions of this franchise.
C.
In the event that the deposit is forfeited to the
village in whole or in part because of a default by CSLIC and this
franchise is not terminated by the village, CSLIC shall have 20 days
after receipt of written notice from the village that such collateral
has been forfeited in whole or in part to replace the collateral so
forfeited.
D.
Anything contained herein to the contrary notwithstanding,
there shall be no default or forfeiture pursuant to the terms of this
franchise if the failure to perform by CSLIC is caused by circumstances
beyond the control of CSLIC.
A.
In addition to all other rights reserved to the village
under this franchise or by law and not in substitution thereof, the
village reserves the right to terminate this franchise, in the sole
discretion of the Board, in the event that CSLIC shall be in default
of or fail to comply with any material term, condition, requirement
or limitation contained in this franchise.
B.
The following constitute a nonexclusive list of defaults
under this franchise:
(1)
For delay by CSLIC in excess of 30 days in completing any step of the construction schedule set forth in § A131-10 hereof.
(2)
For failure to pay to the village the franchise
fee for a period in excess of three months from its due date.
(3)
For knowingly submitting false records or reports
to the village.
(4)
For the perjured sworn testimony of any company
officer.
(5)
For failure by CSLIC to comply with any material
order or direction of the Board or its representatives or any material,
term, condition, limitation or requirement contained in this franchise.
C.
CSLIC shall not be deemed or declared to be in default
under any of the conditions, provisions, requirements or limitations
of this franchise in any case in which the performance of such condition,
provision, requirement or limitation is prevented by reason of strikes,
injunctions or other causes beyond the control of CSLIC, provided
that CSLIC shall not have instigated such strike or shall not have
been responsible for suits or injunctions or other causes of delay.
D.
CSLIC shall not be declared in default of any provision
contained herein unless CSLIC shall have been notified by the village,
in writing, of the condition or act for which a violation is alleged.
CSLIC shall have a period of 30 days in which to remedy or take reasonable
steps to remedy such condition or act. Thereafter a default shall
be declared only by resolution of the Village Board after publication
of public notice and the giving of notice to CSLIC and the granting
to CSLIC of an opportunity to be heard.
CSLIC shall provide and maintain, without charge,
a composite access channel for the Town of Oyster Bay on which:
A.
The village may cablecast such civic and informational
programming as the village may desire.
B.
The schools within the village may cablecast educational
and instructional programming.
C.
The public within the village may cablecast programming.
D.
Anything contained herein to the contrary notwithstanding,
CSLIC may utilize any time not otherwise used on such channel for
its own programming.
Subject to the applicable rules and regulations
of the FCC and the New York State Commission on Cable Television:
A.
CSLIC shall, without charge, make one aerial connection
for basic service, as provided below, into the internal radio frequency
distribution system of each village office building, police station,
fire station, library and school within the village, hereinafter singly
or collectively referred to as the "premises". CSLIC shall make a
connection at one outlet in each such premises for the purpose of
enabling the said premises to distribute the basic service. Where
such premises consists of more than one building, only one tie-in
and connection shall be made.
B.
CSLIC shall make such tie-in and connection at the
location designated by the appropriate official as the location of
the head end of the internal radio frequency distribution system on
the premises. The responsibility of CSLIC shall terminate when the
tie-in and connection to the internal radio frequency distribution
system is completed, and the responsibility for performance of the
internal radio frequency distribution system and for distribution
of the transmissions throughout such system shall be solely that of
the premises. CSLIC makes no representation or warranty as to the
ability of such distribution system to carry the programs transmitted
over its cable system. However, CSLIC will offer, without charge,
technical consulting services to the premises in order to make the
internal system work effectively for the purposes intended herein.
C.
The procedure for making such connections shall be
as follows: Connections will be made at the time when CSLIC is serving
the area within which the premises is located. At such time CSLIC
shall send written notification of the provisions of this section
to such premises. Thereafter, upon written request from the recipient
official, CSLIC will make the above described tie-in and connection
to the internal distribution system of such premises. Where CSLIC
is serving the area but the premises to be connected with an aerial
installation is located more than 500 feet from the nearest CATV cable,
the cost of the aerial cable installation beyond 500 feet will be
paid by the recipient. For underground installations CSLIC shall charge
the recipient its actual cost. Such costs shall be submitted to said
recipient, in writing, before installation is begun. All such premises
will be connected according to the orderly progress and construction
of the system.
D.
LIBRARY
SCHOOL
As used in this agreement, the following terms shall
have the meanings indicated:
A library established for free public purposes by official
action of a municipality, district or the legislature, where the whole
interest belongs to the public; provided, however, that the term shall
not include a professional, technical or public school library.
An educational institution within the village chartered by
the New York State Board of Regents pursuant to the New York Education
Law.
Subject to the applicable rules and regulations of the FCC and the New York State Commission on Cable Television, in the event that in Nassau County more than one franchise is issued within or immediately adjacent to the village and if such operating systems are contiguous and technically compatible with CSLIC and have allocated educational access channels, CSLIC shall provide suitable interconnection facilities for one education access channel at the boundary of its service areas. In no event, however, shall CSLIC be required to interconnect with a cable system not having substantially the same educational provisions in its franchise as contained in this agreement, unless such system agrees voluntarily to connect with CSLIC, nor shall CSLIC be required to interconnect at any point beyond any area where it has truck or feeder service. In no event shall interconnection be required where the combined cable systems include more than 50 trunk amplifiers in cascade or as the state of the art then permits. The provisions of this section shall only apply after two-way transmission is commercially viable for cable systems and have been implemented by CSLIC. The channels furnished under this interconnection provision shall be included as part of the total channels allocated under § A131-16 and shall not be in addition thereto.
CSLIC will provide, without cost, facilities
which will permit the interconnection of:
Except where a different period of time may be specifically set forth above, CSLIC shall provide all hardware and services referred to in §§ A131-16 through A131-19 inclusive above within two years of the date upon which this franchise agreement is approved by the New York State Commission on Cable Television.
Subject to the applicable rules of the FCC and
the New York State Commission on Cable Television:
A.
Within two years from the date upon which this franchise
is confirmed by the New York State Commission on Cable Television,
CSLIC shall, without charge:
(1)
Provide public emergency broadcast capabilities
whereby the village can interrupt service on all channels in order
to make public emergency broadcasts.
(2)
Reserve one channel on the system for use by
the village, within 24 hours after receiving written notice from the
village, for two-way voice and data transmissions and such other narrow-band
services as the village deems appropriate; provided, however, that
these services will be furnished only after such time as CSLIC determines
that the construction of facilities for such service is economically
feasible.
B.
CSLIC shall maintain a studio in Woodbury, New York
for local programming. The studio shall be made available on a time-sharing
basis to the village, its agencies, public service organizations and
schools lying wholly or partly within the village.
C.
CSLIC shall maintain a mobile studio facility which
will be available on a time-sharing basis to the village, its agencies,
public service organizations and schools lying wholly or partly within
the village.
The village may appoint a television coordinator
or committee to cooperate with CSLIC in scheduling channel hours available
for municipal or civic purposes or for the production of local programming.
A.
As permitted by the rules and regulations of the FCC
and the New York State Commission on Cable Television, CSLIC shall,
as hereinbelow provided, set aside and pay to the village, in semiannual
installments, 3% of the gross receipts paid to CSLIC by all residents
within the village for cable television service provided by CSLIC
from the inception of operations and for so long as this agreement
or any renewal thereof shall be in full force and effect.
B.
Nothing contained in this section shall in any way be deemed to preclude the village from making application to the proper regulatory authority for permission to increase the rate of compensation payable to the village under Subsection A above; provided, however, that CSLIC shall have the right to contest such application and appeal any adverse determination thereof.
C.
In the event that CSLIC shall, at any time or times
while this franchise is in effect, pay compensation to any other municipality
in Nassau County at a higher rate than set forth herein, this franchise
shall, after approval by the New York State Commission on Cable Television,
be deemed amended to incorporate said higher rate.
CSLIC hereby agrees that it shall not abandon
any service or portion thereof required to be provided pursuant to
the terms of this agreement without the prior written consent of the
village.
CSLIC shall apply to the New York State Commission
on Cable Television for a certificate of confirmation within 30 days
of the execution hereof. CSLIC shall file a registration statement
with the FCC within 30 days of the granting of a certificate of confirmation
by the New York State Commission on Cable Television.
CSLIC hereby agrees that it will not refuse
to hire or employ, nor will it bar or discharge from employment or
discriminate against any person in compensation or in terms, conditions
or privileges of employment because of age, race, creed, color, national
origin or sex.
Nothing contained herein shall in any way be
deemed to limit the right of the village to adopt, in addition to
the provisions of this agreement and existing applicable ordinances,
such additional regulations as it shall find necessary in the exercise
of its reasonable police power; provided, however, that such regulations
are reasonable and do not materially conflict with the terms and conditions
of this agreement.
CSLIC hereby grants to the village the right
to inspect all its books, records, maps, plans, financial statements
and other similar material of CSLIC, insofar as they relate to the
terms and conditions of this agreement and the performance of the
obligations hereunder, upon reasonable notice to CSLIC and during
normal business hours.
The office or officer of the village that bears
the primary responsibility for the continuing administration of the
terms and conditions of this agreement is the Mayor or his designee.
In the event that any provision of this agreement
should be held invalid by a court or regulatory agency of competent
jurisdiction, the remaining provisions of this agreement shall remain
in full force and effect.
The terms of this franchise agreement and any
subsequent amendments hereto are subject to applicable federal, state
and local law, the rules and regulations of the FCC, the New York
State Commission on Cable Television and any other applicable regulatory
body with appropriate jurisdiction. Further, the terms of this franchise
agreement and any subsequent amendment are subject to the approval
of the New York State Commission on Cable Television and the FCC.
