[HISTORY: Adopted by the Borough Council of the Borough of Wrightstown 8-11-2004
by Ord. No. 2004-4.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance superseded former Ch. A225, Cable
Television Franchise, adopted by Ord. No. 1994-12 (Chapter XX of the Revised
General Ordinances).
A.
The Borough hereby grants to Comcast 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 municipality, poles, wires, cables, underground conduits, manholes and other television conductors, fixtures, apparatus and equipment as may be necessary for the continued operation and maintenance in the municipality of a cable television and communications system. All construction must comply with Wrightstown Borough Code Chapter 219, except where said Code is superseded by federal or state law.
B.
Comcast of Garden State, L.P., (hereinafter "company"),
is hereby granted the use of the highways, streets and alleys as are owned
by the Borough or in which the Borough possesses an easement or right-of-way,
but no such interest is granted with respect to such other public property
as is owned by the Borough, whether by easement, right-of-way, title in fee
simple, leasehold or any other interest.
C.
The foregoing consent is and shall at all times be subject
to all rules, regulations and laws of all applicable jurisdictions, particularly
N.J.S.A. 48:5A-22, as to all aspects of locations, operations, maintenance
and to every microwave or other receiver or transmitter, studio facilities,
mobile equipment and vehicles, all other facilities, equipment, apparatus
and the sending or receiving of signal, and offices, storage, power sources,
power plant and the like to be in full and detailed compliance with the Borough
of Wrightstown's Land Use Ordinances[1] to the extent not otherwise preempted.
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, F.C.C. Rules and Regulations, 47 C.F.R. Subsection 76.1 et seq.,
and the Cable Communications Policy Act, 47 USC 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 Cable Television Act in Chapter 186 of the General Laws of New Jersey, N.J.S.A. 48:5A-1 et seq., and subsequent amendments thereto.
Board of Public Utilities.
The Borough of Wrightstown, County of Burlington and State of New
Jersey.
The grantee of rights under this ordinance and is known as "Comcast
of Garden State, L.P."
The Federal Communications Commission.
The Office of Cable Television.
A public hearing concerning the franchise 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 hearings having
been fully open to the public, and the Borough having received at said hearing
all comments regarding the qualifications of the company to receive this franchise
renewal consent, the Borough hereby finds 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 with a ten-year automatic renewal as provided
by N.J.S.A. 48:5A-19 and 25 and N.J.A.C. 14:18-13.6.
B.
In the event that the municipality shall find that, after
providing written notice to the company and holding a public hearing, the
company has not substantially complied with the material terms and conditions
of this ordinance, the municipality 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 municipality 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 in
the Borough, or any greater amount permitted by the Act or otherwise allowable
by law, whichever is greater.
The consent granted herein to the company shall apply to the entirety
of the Borough and any property hereafter annexed thereto.
A.
Restoration. In the event that the company or its agents
shall disturb any pavement, street, sidewalk, driveway, or other surface of
nature or topography, the company shall, at its sole expense, restore and
replace such things or places so disturbed in as good if not better 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 passage or way, the company, upon reasonable notice by the Borough,
shall remove, relay or relocate its equipment, at the sole 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 municipality 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.
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 for municipal consent. Any extension
of the system beyond the primary service area shall be governed by the company's
line extension policy, as set forth in the company's application for
municipal consent.
In providing services to its customers, the company shall comply with
N.J.A.C. 14:18-1 et seq. and all applicable local, 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 municipality upon written request by the
municipality.
A.
The company shall continue to comply fully with all applicable
state and federal statutes and regulations regarding credit for outages, and
shall report same to regulatory agencies along with notification of same to
customers.
B.
The company shall continue to fully comply with all applicable
state and federal statutes 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 municipality 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 by law.
The Office of Cable Television is hereby designated as the complaint
officer for the municipality 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
municipality shall have the right to request copies of records and reports
pertaining to complaints by municipality customers from the OCTV.
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 any and 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.
The company will comply with the emergency alert system (EAS) rules
in accordance with applicable state and federal statutes and regulations.
The company shall in no way be held liable for any injury suffered by the
municipality or any other person during or related to an emergency if for
any reason the State Office of Emergency Management is unable to make full
use of the cable television system as contemplated herein.
A.
The company shall provide total preferred cable television
service on one outlet at no cost to each school in the municipality, public
and private, elementary, intermediate and secondary, provided the school is
within 175 feet of an 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. Any and all monthly service charges shall be waived
on all additional outlets.
B.
The company shall provide total preferred cable television
service at no cost on one outlet to each police, fire, emergency management
facility, and public library in the municipality, provided the facility is
located within 175 feet of an active cable distribution plant. Each additional
outlet installed, if any, shall be paid for on a materials-plus-labor basis
by the municipality. Any and all monthly service charges shall be waived on
all additional outlets.
C.
The company shall provide free of charge basic Internet
service, via high-speed cable and modem to one nonnetworked personal computer
in each qualified existing and future school in the municipality, public and
private, elementary, intermediate and secondary, at no charge provided the
facility is located within 175 feet of an active cable distribution plant.
The Internet service shall be installed on a personal computer that is accessible
to the students and not for administrative use only.
D.
The company shall provide total preferred cable television
service on one outlet at no cost to the existing municipal administration
building at 21 Saylors Pond Road, Wrightstown, New Jersey. The company shall
provide total preferred cable television service on one outlet to arty qualified
future municipal administration building provided the facility is located
within 250 aerial feet of an active cable distribution plant. Installation
of additional outlets shall be paid for on a materials-plus-labor basis by
the municipality. Any and all monthly service charges shall be waived on all
additional outlets.
E.
Within six months of the approval of this Municipal Consent
Ordinance, the company shall provide the Borough with a one-time technology
grant in the amount of $3,000 for cable or technology related needs.
In the event that the municipality determines that it is necessary and
feasible for it to contract with the company for the purpose of providing
two-way or interconnection services, the company shall be required to apply
to the Board for approval to enter into and establish the terms and conditions
of such contract. All costs for such application to the Board shall be borne
by the municipality.
A.
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 damage 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.
B.
All of the commitments and statements contained in the
application and any amendment thereto submitted in writing to the municipality
by the company, except as modified herein, are binding upon the company as
terms and conditions of this Municipal Consent. The application and any other
relevant writing submitted by the company shall be annexed hereto and made
a part hereof by reference as long as it does not conflict with state or federal
law. All ordinances or parts of ordinances or other agreements between the
municipality and the company that are in conflict with the provisions of this
agreement are hereby declared invalid and superseded.
Except as modified by this ordinance, the following are hereby incorporated
by reference and are and shall continue to be binding upon the company as
the terms and conditions of this consent to the same extent as if set forth
verbatim herein except where in conflict with the provisions of state or federal
law.
A.
All correspondence and other writings and documents submitted
by the company in connection with its application;
B.
The written application of the company and all commitments,
representations and other statements contained therein. The company's
application, which has been filed with the Borough Clerk and available for
public inspection, shall upon final adoption of this ordinance be annexed
hereto and made a part hereof.
If any section, paragraph, sentence, clause, phrase, term, provision
or part of this ordinance shall be adjudged by any court of competent jurisdiction
to be invalid or inoperative, such judgment shall not affect, impair or invalidate
the remainder thereof, but shall be confined in its operation to the section,
paragraph, sentence, clause, phrase, term, provision or part thereof directly
involved in the controversy in which such judgment shall have been rendered.
All ordinances or parts of ordinances heretofore adopted which are inconsistent
with the terms and provisions of this ordinance are hereby repealed to the
extent of such inconsistency.
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.
Should the municipality grant a franchise to construct, operate and
maintain a cable television system to any other person, corporation or entity
on terms 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.
During the term of this franchise, and any renewal thereof, 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 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.
This ordinance shall take effect immediately upon issuance of a renewal
certificate of approval from the BPU.
