[Adopted 6-2-2015 by Ord. No. 2015-07[1]]
[1]
Editor's Note: This ordinance superseded
the former cable television franchise adopted 6-5-2001 by Ord. No.
2001-6.
The Borough of Glen Gardner ("Borough") hereby grants to Comcast
of Northwest New Jersey, LLC (the "Company") renewal of its nonexclusive
municipal consent to place in, upon, across, above, over and under
highways, streets, alleys, sidewalks, easements, public ways and public
places in the Borough, poles, wires, cables, underground conduits,
manholes and other television conductors, fixtures, apparatus and
equipment as may be necessary for the construction, operation and
maintenance in the Borough of a cable television and communications
system.
For the purpose of this Ordinance, the following terms, phrases,
words and their derivations 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,
47 C.F.R. Subsection 76.1 et seq., and the Cable Communications Policy
Act, 47 U.S.C. Section 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 and state definitions:
Chapter 186 of the General Laws of New Jersey, and subsequent amendments thereto, N.J.S.A. 48:5A-1, et seq.
The company's application for renewal of municipal consent.
Any service tier, which includes the retransmission of local
television broadcast signals as defined by the FCC.
The Board of Public Utilities, State of New Jersey.
The Borough of Glen Gardner, County of Hunterdon, State of
New Jersey.
The grantee of rights under this ordinance and is known as
Comcast of Northwest New Jersey, LLC.
The Federal Communications Commission.
The Office of Cable Television of the Board.
Consists of the area of the Borough currently served with
existing plant as set forth in the map annexed to the company's
application for municipal consent.
Public hearings conducted by the Borough, concerning the renewal
of municipal consent herein granted to the company were held after
proper public notice pursuant to the terms and conditions of the Act
and the regulations of the Board adopted pursuant thereto. Said hearings,
having been fully open to the public, and the Borough, having received
at said public hearings all comments regarding the qualifications
of the company to receive this renewal of municipal consent, the Borough
hereby finds that 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.
A.
The nonexclusive municipal consent granted herein shall expire 15
years from the date of expiration of the previous certificate of approval
issued by the Board.
B.
In the event that the Borough shall find that the company has not
substantially complied with the material terms and conditions of this
ordinance, the Borough shall have the right to petition the OCTV,
pursuant to N.J.S.A. 48:5A-47, for appropriate action, including modification
and/or termination of the certificate of approval; provided, however,
that the Borough shall first have given the company written notice
of all alleged instances of noncompliance and an opportunity to cure
same within 90 days of that notification.
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 for cable television
reception service in the Borough or any higher amount required by
the Act or otherwise allowable by law, whichever is greater.
The consent granted under this ordinance to the renewal of the
franchise shall apply to the entirety of the Borough and any property
subsequently annexed hereto.
The company shall be required to proffer service to any residence
or business along any public right-of-way in the primary service area,
as set forth in the company's application. The company's
line extension policy, as set forth in the company's application,
shall govern any extension of plant beyond the primary service area.
A.
Restoration: In the event that the company or its agents shall disturb
any pavement, street surfaces, sidewalks, driveways, or other surface
in the natural topography, the company shall, at its sole expense,
restore and replace such places or things so disturbed in as good
a condition as existed prior to the commencement of said work.
B.
Relocation: 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 notice by the Borough, shall
remove, re-lay or relocate its equipment, at the expense of the company.
C.
Removal 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 or other
public places of the Borough so as to prevent the branches of such
trees from coming in contact with the wires and cable of the company.
Such trimming shall be only to the extent necessary to maintain proper
clearance of the company's wire and cables.
In providing services to its customers, the company shall comply
with N.J.A.C. 14:18-1 et seq. and all applicable state and federal
statutes and regulations. The company shall strive to meet or exceed
all voluntary company and industry standards in the delivery of customer
service and shall be prepared to report on it to the Borough upon
written request of the Borough Administrator or Clerk.
A.
The company shall continue to comply fully with all applicable state
and federal statutes and regulations regarding credit for outages,
the reporting of same to regulatory agencies and notification of same
to customers.
B.
The company shall continue to fully comply with all applicable state
and federal statues and regulations regarding the availability of
devices for the hearing impaired and the notification of same to customers.
C.
The company shall use every reasonable effort to meet or exceed voluntary
standards for telephone accessibility developed by the National Cable
Television Association (NCTA).
D.
Nothing herein shall impair the right of any subscriber or the Borough
to express any comment with respect to telephone accessibility to
the complaint officer, or impair the right of the complaint officer
to take any action that is permitted under law.
The Office of Cable Television is hereby designated as the complaint
officer for the Borough pursuant to N.J.S.A. 48:5A-26(b). All complaints
shall be received and processed in accordance with N.J.A.C. 14:17-6.5.
The Borough shall have the right to request copies of records and
reports pertaining to complaints by Borough customers from the OCTV.
During the term of this franchise, and any renewal thereof,
the company shall maintain a business office or agent in accordance
with N.J.A.C. 14:18-5.1 for the purpose of receiving, investigating
and resolving all local complaints regarding the quality of service,
equipment malfunctions, and similar matters. Such a business office
shall have a publicly listed toll-free telephone number and be open
during standard business hours, and in no event (excepting emergent
circumstances) less than 9:00 a.m. to 5:00 p.m., Monday through Friday.
During the life of the franchise the company shall give to the
Borough a bond in the amount of $25,000. 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 rates of the company shall be subject to regulation as permitted
by federal and state law.
A.
The company shall continue to provide residents with a system-wide
public access channel maintained by the company. Qualified individuals
and organizations may utilize public access for the purpose of cablecasting
noncommercial access programming in conformance with the company's
published public access rules.
B.
The company shall continue to provide a system-wide leased access
channel maintained by the company for the purpose of cablecasting
commercial access programming in conformance with the company's
guideline and applicable state and federal statutes and regulations.
C.
The company shall take any steps that are necessary to ensure that
the signals originated on the access channels are carried without
material degradation, and with a signal whose quality is equal to
that of the other standard channels that the company transmits.
D.
The Communications Act of 1934, as amended [47 U.S.C. § 543(b)(4)],
allows the company to itemize and/or identify the amount on the monthly
bill assessed to satisfy any requirements imposed on the company by
the cable franchise to support public, educational, and governmental
channels, or the use of such channels or any other services required
under the franchise. The company reserves its external cost, pass-through
rights to the extent permitted by law.
A.
The company shall provide standard installation and basic cable television
service on one outlet at no cost to each school in the Borough, public
and private, elementary, intermediate and secondary, provided the
school is within 200 feet of active cable distribution plant. Each
additional outlet installed, if any, shall be paid for on a materials
plus labor basis by the school requesting service. Monthly service
charges shall be waived on all additional outlets except for equipment.
B.
The company shall provide standard installation and basic cable television
service at no cost on one outlet to the municipal building, each police,
fire, emergency management facility, public works facility and public
library in the Borough, provided the facility is located within 200
feet of active cable distribution plant. Each additional outlet installed,
if any, shall be paid for on a materials plus labor basis by the Borough.
Monthly service charges shall be waived on all additional outlets
except for equipment.
C.
Within six months of the issuance of a renewal certificate of approval
(COA) from the Board, the company shall provide to the Borough a one-time
grant for technology and access related needs in the amount of $17,500.
A.
The company will comply with the Emergency Alert System (EAS) rules
in accordance with applicable state and federal statues and regulations.
B.
The company shall in no way be held liable for any injury suffered
by the Borough or any other person, during an emergency, if for any
reason the Borough is unable to make full use of the cable television
system as contemplated herein.
The company shall at all times maintain a comprehensive general
liability insurance policy with a single limit amount of $1,000,000
covering liability for any death, personal injury, property damages
or other liability arising out of its construction and operation of
the cable television system, and an excess liability (or "umbrella")
policy in the amount of $5,000,000.
All of the statements and commitments contained in the application
or annexed thereto and incorporated therein, and any amendment thereto,
except as modified herein, are binding upon the company as terms and
conditions of this consent. The application and other relevant writings
submitted by the company shall be annexed hereto and made a part hereof
by reference provided same do not conflict with applicable state or
federal law.
Should the Borough grant a franchise to construct, operate and
maintain a cable television system to any other person, corporation
or entity on terms materially less burdensome or more favorable than
the terms contained herein, the company may substitute such language
that is more favorable or less burdensome for the comparable provision
of this ordinance subject to the provisions of N.J.A.C. 14:17-6.7.
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 its validity or unconstitutionality shall not affect
the validity of the remaining portions of the ordinance.
Nothing in this franchise or in any prior agreement is or was
intended to confer third-party beneficiary status on any member of
the public to enforce the terms of such agreements or franchise.
This ordinance shall take effect immediately upon final passage,
adoption and publication according to law, and upon issuance of a
renewal certificate of approval from the BPU.
