[HISTORY: Adopted by the Township Committee
of the Township of Chesterfield 4-23-1998 by Ord. No. 1998-5.
Amendments noted where applicable.]
A.
ACT or CABLE TELEVISION ACT
ADVISORY COMMITTEE
COMPANY
TOWNSHIP
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, F.C.C. Rules
and Regulations, 47 CFR Subsection 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:
Chapter 186 of the General Laws of New Jersey, 1972, and subsequent amendments thereto, N.J.S.A. 48:5A-1 et seq.
The Chesterfield Township Cable Television Advisory Committee
established by this ordinance.
The grantee of rights under this ordinance and is known as
"Garden State Cablevision, L.P."
The Township of Chesterfield, County of Burlington and the
State of New Jersey.
B.
The terms "Board," "Office," "Director," "Cable Television
Reception Service," "Cable Communications System," "Highway" and "Certificate"
shall have those meanings as defined and set forth in the Cable Television
Act, as amended or supplemented.
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. Said hearing having been held
as above stated and said hearing having been fully open to the public,
and the Township having received at said hearing all comments regarding
the qualification of the company to receive this consent, the Township
hereby finds:
A.
The company possesses the necessary legal, technical,
character, financial and other qualifications and that the company's
operating and construction arrangements are adequate and feasible.
B.
During the course of the hearing, and during the course
of the efforts to renegotiate this franchise, certain allegations
of violations by the company and/or its predecessor of the terms and
conditions of the original consent were brought to the attention of
the Township Committee. Many of these instances are adequately discussed
in the document entitled "Municipal Report of the Township of Chesterfield:
Review of Past Performance of Garden State Cable Television, and Assessment
of Future Cable-Related Needs of the Municipality," which document
has been submitted to both the company and to the Office of Cable
Television, and which document is incorporated herein by reference.
Nevertheless, despite these allegations, the Township Committee is
equally aware of the presumption of renewal contained in the New Jersey
Cable Television Act, and specifically found at N.J.S.A. 48:5A-19.
In balancing, therefore, the statutory presumption of renewal with
the nature of the allegations, complaints and concerns brought to
the Committee's attention, the Committee finds and determines that
the company has generally complied with its obligations under the
consent and applicable law and has provided generally satisfactory
service, and except as otherwise provided herein, the Township is
hopeful that in the future the company will comply with its obligations
under a renewal of the franchise and under applicable law.
[Amended 6-25-1998 by Ord. No. 1998-13]
C.
That if the company undertakes the commitments and
performs thereunder, such shall provide a reasonable assurance of
meeting the Township's future cable-related needs.
The Township hereby consents to a renewal of
the franchise, subject to the terms and conditions of this ordinance
and upon the condition that the company accepts the provisions of
this ordinance and confirms in writing that it shall comply with all
of the commitments.
At the time this municipal consent becomes effective,
the Township shall renew and continue to give the company its consent
to place in, upon, along, across, above, over and under the highways,
streets, alleys, sidewalks, public ways and public places in the Township
poles, wires, cables, underground conduits, manholes and other television
conductors and fixtures necessary for the maintenance and operation
in the Township of a cable television system.
A.
The consent herein granted shall expire 15 years from
the date of the adoption of this ordinance.
B.
Where the municipality determines after notice and
a public hearing that the municipality believes the company has failed
to meet the commitments set forth in this ordinance and in the application
previously filed by the company, within a reasonable time period,
or has engaged in a pattern of noncompliance, it shall request that
the Board take action to determine whether the company has materially
breached the terms and conditions of the franchise.
C.
The consent granted herein shall be subject to a ten-year
renewal only after review of the performance of the company and the
adequacy of the terms of the consent herein granted in a full public
proceeding in accordance with the then-applicable law.
The consent granted under this ordinance to
the renewal of the franchise shall apply to the entirety of the Township
and any property annexed hereto.
The company shall, during each year of operation
under the consent granted herein, pay to the Township 2% of the gross
revenues from all recurring charges in the nature of subscription
fees paid by subscribers to its cable television reception service
within the franchise territory or any amount otherwise allowed by
law. It is acknowledged that the current law in New Jersey limits
the franchise fee to 2% of the gross revenues from all recurring charges
in the nature of subscription fees received by the company as described
above. In the event that applicable law hereafter permits a larger
franchise fee to be collected, the Township shall be entitled to the
larger franchise fee.
A.
Line extension. The company shall be required to proffer
service along any public right-of-way to any person's residence or
business located in the Township, in accordance with the proposal
for the provision of services as described in the application. Any
additional extension of this system which is necessary in the future
but not contemplated under the ordinance and in the application shall
be made in accordance with the Office of Cable Television line extension
policy now or hereafter promulgated, except as otherwise provided
in this ordinance. The company will provide service to residences
in existing presently wired commercial areas. Commercial areas which
are currently not served and residential units located in those areas
will be provided service based on the company's tariffed rates for
installation and extension.
B.
Nonstandard installation. The company currently employs
a nonstandard installation policy which is on file with and has been
approved by the Office of Cable Television. However, in consideration
for the renewal of this franchise and in recognition of the rural
nature of much of Chesterfield Township, the company agrees that it
will modify its nonstandard installation policy in the following fashion:
Those potential customers who are considered as "nonstandard installation"
will be allowed the option of performing some of the work themselves,
such as the trenching, and thus avoid the costs that the customer
would otherwise be required to incur for that portion of the installation.
The customer will agree to follow the company's specifications for
the trenching, which generally requires that the trench be 12 inches
at the top and bottom and that it be 36 inches deep and free of rocks
or other obstructions. The customer would be responsible for the safety
of the trench and be required to follow the law with respect to the
One-Call Service, which shall be made available by Garden State Cable.
The Township's consent to the renewal of the
franchise is subject to and expressly contingent upon the company's
written undertaking (which may be expressed by means of an amendment
to the application, by any separate proposal for renewal or by the
company's written statement that it accepts the provisions of this
ordinance) as to the following:
A.
Facilities and equipment.
(1)
In transmitting its television signals to subscribers
in the Township, the company shall provide a quality of signal that
is at least as good as that customarily provided under prevailing
industry standards and the company shall comply with any requirements
imposed by the Federal Regulations and federal pronouncements and
(to the extent not preempted by federal law) any state pronouncements
relating to technical standards for the transmission of television
signals, transmission quality or facilities and equipment.
(2)
The company shall provide for the expansion of the
existing system from a thirty-eight-channel capacity to a seventy-eight-channel
capacity. Construction for such expansion shall be completed by July
31, 1998.
B.
Customer service.
(1)
In order to maintain its level of telephone accessibility
for calls relating to maintenance and repairs (service) and to improve
it for calls relating to installation, addition or deletion of programming
services and other customer inquiries (business), the company shall
comply with any and all requirements of the OCT or other regulatory
bodies with respect to telephone accessibility, facilities and personnel
and shall use its best efforts to comply with any OCT guidelines relating
to the foregoing. Nothing herein shall impair the right of any subscriber
or the Township to express any comment or complaint with respect to
telephone accessibility to the Complaint Officer, or impair the right
of the Complaint Officer to take any action which is appropriate under
law.
(2)
During the term of this franchise and any renewal
hereof, 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 malfunction 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.
(a)
In the event that the company requires the converter
or other equipment provided to a subscriber to be exchanged in order
for said subscriber to maintain his or her current level of service,
or in the event that a customer has a need for purchasing equipment
and/or delivering to the company equipment for repair, the company
shall either cause such exchange to be effected by delivery of the
equipment to the subscriber's home (and to the extent necessary, in
the evening or on a weekend), at no cost to the subscriber, or will
allow the customer pickup at a designated location of the company.
[Amended 6-25-1998 by Ord. No. 1998-13]
A.
Restoration. In the event that the company or its
agents shall disturb any public or private pavement, street surfaces,
curbs, gutters, sidewalks, driveways, landscaping, trees, shrubs or
other surfaces in the natural topography, the company shall at its
sole expense restore and replace such places or things so disturbed
in not less than as good condition as existed prior to the commencement
of said work.
B.
Relocation. If at any time during the period of this
consent, the Township shall alter or change the grade of any street,
alley or other way or place, the company, upon reasonable notice by
the Township shall at its own expense remove, relay and relocate its
equipment.
C.
Temporary removal of cables The company shall upon
request of the Township, at the company's expense, temporarily raise,
lower or remove its cables and associated facilities in order to facilitate
the moving of buildings, equipment, vehicles and machinery and to
accommodate other like circumstances.
D.
Removal and/or trimming of trees During the exercise
of its rights and privileges under this franchise, the company shall
have the authority to trim trees upon and overhanging streets, alleys,
sidewalks and public places of a municipality 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
and to maintain proper clearance for the company's wires and cables.
All work is to be in compliance with ANZI standards SZ133.1, "Tree
Care Operations for Safety," as may be subsequently amended, and the
National Arborist Association Standards for Pruning and Removal. If
the tree is privately owned, the company must give reasonable notice
to the owner and make every effort to protect the owner's interest
in the tree. Nothing herein contained shall be construed to mean that
the Township is allowing the company to trespass upon private property,
and in the event that the private property owner seeks damages for
the company's actions, the company shall be solely liable for the
same and shall hold the Township harmless and indemnify it against
any such claims.
The Office of Cable Television is hereby designated
as the Complaint Officer for Chesterfield Township pursuant to N.J.S.A.
48:5A-26, Subdivision b. All complaints shall be received and processed
in accordance with N.J.A.C. 14:17-6.5.
There is hereby established a Cable Television
Advisory Committee which shall serve as an Advisory Board to the Township
Committee with respect to cable television matters. The members of
the Cable Television Advisory Committee shall be residents of the
Township of Chesterfield.
A.
There shall be five members of the Cable Television
Advisory Committee, who shall be appointed by the Township Committee
to serve terms of three years. All terms shall expire on December
31 of the appropriate year. Of those members first appointed, two
shall be appointed for terms of three years, two shall be appointed
for terms of two years and one shall be appointed for a term of one
year; all appointments shall thereafter be for a full term of three
years, except that any vacancy occurring during a term of appointment
shall be filled for the balance of the unexpired term.
B.
The Mayor and all members of the Committee shall also
serve as ex officio members of the Cable Television Advisory Committee.
C.
The Cable Television Advisory Committee shall meet
at least two times each calendar year and shall render advice to the
Township Committee in the following areas:
(1)
To assess on an ongoing basis the future cable-related
community needs and interests of the Township;
(2)
To review on an ongoing basis the present and
past performance of the company;
(3)
To make recommendations for the development
and presentation of programming to be provided on the local access
channel(s) for the purpose of utilizing the channel to the fullest
extent in the public interest of the Township, maximizing its potential
as community resource and encouraging widespread viewership;
(4)
To ascertain the opinions and desires of the
Township residents and subscribers on all aspects of the cable television
system;
(5)
To serve as liaison on cable television matters
between the Township and the company;
(6)
To furnish such other information and advice
as may be requested by the Township Committee.
D.
The failure of the Township Committee to appoint this
Cable Television Advisory Committee shall not in any way affect the
validity of this ordinance or the enforcement powers of the municipality
under the same.
A.
Although nothing herein shall require the company
to carry or transmit any particular television stations or programming
source, the company shall provide the subscribers in the Township
with at least the same broad categories of programming as are now
provided and which appear in the application.
B.
Weather Channel. The company and the municipality
are aware of the importance of weather information. The company will
continue the carriage of The Weather Channel until such time as it
is no longer feasible or permissible due to cost, regulatory or contract
considerations. In the event that the company ceases to carry The
Weather Channel, it will either work with the municipality in seeking
to obtain replacement programming which could be placed on the municipality's
local access channel or the company will provide some form of weather
information on one of its channels.
C.
The company shall comply with any state law or regulation
and shall use its best efforts to comply with any guideline, with
respect to maintaining space for a statewide interconnect channel.
D.
Basic service. The basic service as referred to herein
shall be that level of service offered by the company immediately
above the antenna service and to which the majority of customers subscribe
to as the basic level of service.
E.
Change in programming to be preceded by notification.
The company shall precede any change in programming with the notification
procedures established by the Office of Cable Television in its then-current
rules and regulations.
A.
During the life of the franchise, the company shall
give a bond to the Township of Chesterfield, which bond shall be in
the amount of $25,000.
B.
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 Township shall have the maximum authority
with respect to regulation of rates permitted by law.
A.
The company shall provide free installation and free
basic service to the Township's Municipal Building and shall do so
within 90 days of the date of the effective date of this ordinance.
[Amended 6-25-1998 by Ord. No. 1998-13]
B.
In addition, the company shall provide, within the
technical limits of available signal strength, multiple connections
to serve as many television sets as possible in each of the Chesterfield
Township public schools. The municipality and/or the Board of Education
shall inform the company of the specific requirements for service
in the schools prior to construction/installation by the company.
The company will inform the municipality or Board of Education of
the costs necessary to be able to meet those specifications, if they
are beyond one outlet to be installed free by the company. In order
to be able to provide maximum signal strength for multiple outlets
within the schools, the company must know in advance the information
it will need to develop the plans and cost estimates for acceptance
by the Board of Education.
C.
Any internal wiring shall be constructed by the company,
at cost, provided that the municipality and/or Board of Education,
as appropriate, installs any necessary conduit and performs other
make-ready work required to provide a clear path for the cable. Construction
of new schools, libraries or municipal building at a different location
than the existing structures shall have the benefit of this section
at that time; however, in the event that the installation to the schools
and/or libraries is a nonstandard installation, the company shall
bear the first $2,000 in installation costs with the public entity
bearing the balance of the cost. The public entity shall also be permitted
to take advantage of the cost reduction offer where the entity agrees
to perform some of the work itself in accordance with the company's
specifications.
D.
In the event that the installation to the municipal
building, schools or library is a nonstandard installation, the company
shall bear the first $2,000 of installation costs with the public
entity bearing the balance of the cost. The public entity shall also
be permitted to take advantage of the cost reduction offer where the
entity agrees to perform some of the work itself in accordance with
the company's specifications.
[Amended 6-25-1998 by Ord. No. 1998-13]
E.
Construction of new schools, libraries or a new municipal
building at a different location than the existing structures shall
have the benefit of this section at that time.
F.
The municipality agrees to notify the company prior
to construction or reconstruction of any facility in which the company
has or will be requested to place its facilities in order to coordinate
activities and to protect property.
G.
The company will also provide, if it hasn't already
done so, free installation to the Chesterfield Fire Company and free
standard installation to each other fire and rescue/emergency squad
located within the municipality. In the event of nonstandard installation,
these facilities are entitled to participate in the cost reduction
offer by performing some of the self-trenching installation work in
accordance with the company's specifications. Basic service to these
facilities will be at residential rates.
The company shall maintain an emergency audio
override capability to permit the broadcasting of emergency messages
by the State Office of Emergency Management.
A.
Currently, PEG access is provided on Channel 18 and
is shared by several communities including the municipality. The origination
point at the present time is at Burlington County College, Pemberton
Township. This channel becomes the channel that is referred to hereinafter
once the operating procedures have been developed by the participants.
B.
Within six months after completion of the upgrade
and the approval from the school, the company will provide a return
carrier between Chesterfield-Northern Burlington County Regional High
School and the company's headend. This return carrier will be connected
to a video switching device which will be provided by the company.
This switcher will enable public educational and governmental (PEG)
programming originating from the high school to be available to the
company's customers in Chesterfield, Mansfield, North Hanover and
Springfield, the same being the current high school sending districts.
Currently it would be available to customers on Channel 14.
C.
The use of the return path is limited to qualified,
prerecorded video material and live real time programming originating
within the high school or property (including athletic fields) immediately
surrounding the high school. No physical, electronic or other interconnection
may be made by anyone or any entity which would allow for insertion
of programming other than in the manner and location as above stated.
(1)
It is intended that the return carrier and PEG
channel will be operated on a share basis by a committee which includes
representation from each of the sending school districts, the governing
bodies and each of these municipalities and the public. The school
and each municipality will need to agree to share the channel equitably
with each other and the public through operating procedures developed
and adopted by the participants.
(2)
The switching device located at the company's
headend will have the ability to connect to other access channels
served from the company's headend, including Burlington County College.
Therefore, importing and exporting PEG programming to and from other
school districts or Burlington County College will be possible. This
means the schools may engage in their own distance learning should
the schools and/or the sending districts wish to invest in the studio,
origination equipment and programming needed.
(3)
Interconnecting Chesterfield-Northern Burlington
County High School PEG channel to other schools PEG channels requires
coordination and the cooperation of the community served by the PEG
channels involved. Should the need arise to import and export programming,
the schools and/or the municipalities involved will need to coordinate
the interconnection, which includes scheduling time with the other
PEG channels and programming the switcher with the company.
(4)
The company will not be required to cover any
costs associated with reconfiguring its plant if the sending districts
are changed.
(5)
A camcorder and microphone shall be made available
by the company for shared use in noncommercial access programming.
(6)
The company's obligations under this section shall be accomplished within 120 days after the completion of the upgrade referred to in § A239-9A(2).
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 liability insurance naming the Township
of Chesterfield as an insured and insuring against loss by any such
claim, suit, judgment, execution or demand in the minimum amounts
of $250,000 per person for any one claim and $500,000 as to any accident
or occurrence; and in the minimum amount of $100,000 for property
damage as to any one accident or occurrence. Additionally the company
shall maintain and keep in full force and effect an umbrella policy
with limits of not less than $1,000,000.
The company shall hold and save the Township
harmless from and indemnify and defend the Township against every
claim, loss and liability of every kind arising in any and every way,
directly and indirectly, immediately and consequentially, arising
from the grant and/or use of this municipal consent.
A.
Except as modified by this ordinance, all of the statements
and commitments contained in the application of Garden State Cablevision,
Ltd., L.P., for renewal of municipal consent filed with the Township,
together with all of the statements, representations and/or commitments
made by the company on the record during the municipal consent renewal
proceedings or in correspondence and other documents entered into
the record of those proceedings and/or received by the Township, are
hereby incorporated by reference in this ordinance and shall be binding
upon the company as terms and conditions of this consent, whether
annexed hereto or not.
B.
However, any portions of the application which are
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, as amended, are not to
be construed as effective under the terms of this ordinance.
Subject to the requirements of the Federal Act
and approval by the Board, the Township reserves the ability to amend
any portion of this ordinance as it relates to its police powers after
public hearing.
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 effect the validity
of the remaining portions thereof.
Should any of the federal or state statutes, regulations or pronouncements applicable to the regulation of cable television be modified in any way, such modifications, to the extent they embody required terms and conditions and meaningfully can be incorporated into this ordinance, shall be so incorporated, consistent with any applicable effective dates specified in such modification. To the extent that any such modification places limits on permissible terms and conditions and any provision of this ordinance becomes invalid by virtue of such modification, then preceding § A239-23 shall apply.
The company shall comply with OCTV requirements
with respect to notices to the municipality and to subscribers regarding
any rate changes and/or channel changes.
The franchise herein granted shall be nonexclusive.
The company agrees that any future cable lines installed or constructed shall be installed underground to the extent that other utilities are also constructing their facilities underground. Moreover, the company agrees that during the course of its efforts to upgrade the channel capacity pursuant to § A239-9A(2) hereof, it will undertake to place all cable lines underground, to the same extent as other utilities have installed underground lines. In the event that the company is unable to install underground lines in a certain area, the company will so advise the Township and the parties agree to discuss the reasonableness of the physical inability of the company to install those lines underground. Nothing herein contained, however, shall permit the company to install its lines underground simply because other utilities do the same, where those lines are installed in violation of local zoning or other ordinances.
All ordinances or parts thereof which are inconsistent
with this ordinance are hereby repealed to the extent of such inconsistency;
specifically repealed herein and replaced hereby is Ordinance No.
1994-8.
This ordinance shall take effect upon final
passage and publication according to law.
