[HISTORY: Adopted by the Board of Commissioners of the Village of Ridgefield Park 10-12-2004 by Ord. No. 04-9 (Ch. A205 of the 1985 Code). Amendments noted where applicable.]
Editor's Note: This ordinance superseded former Ch. A205, adopted 5-6-2004 by Ord. No. 04-6.
The municipality hereby grants to the company its nonexclusive consent to place in, upon, along, across, above and under the highways, streets, alleys, sidewalks, public ways, and public places in the municipality poles, wires, cables and fixtures necessary for the maintenance and operation in the municipality of a cable television system and cable communications system. Operation and construction, pursuant to said consent, is conditioned upon prior approval of the Office of Cable Television of the State of New Jersey Board of Public Utilities.
For purposes of this ordinance, the following terms, phrases, words and their derivations shall have the meanings given herein. Such meaning or definition of term is supplemental to those definitions given by federal law, including the Federal Communications Commission, FCC Rules and Regulations, 47 CFR Subsection 76.1 et seq., and the Communications Act of 1934 at 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 federal or state definitions:
- ACT or CABLE TELEVISION ACT
- Chapter 186 of the General Laws of New Jersey, and subsequent amendments thereto, N.J.S.A. 48:5A-1 et seq.
- The grantee of rights under this ordinance and is known as TWFanch-One Co., d/b/a Time Warner Cable.
- The municipality of Ridgefield Park, County of Bergen, State of New Jersey.
A public hearing concerning the consent herein granted to the company was held by the governing body on May 27, 2003, after proper public notice pursuant to the terms and conditions of the Act. Said hearing having been held and fully open to the public, and the municipality having received all comments regarding the qualifications of the company to receive this consent, the municipality 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.
On October 15, 2003, the company did file a verified petition with the Office of Cable Television of the State of New Jersey Board of Public Utilities, which resulted in a mediation by the Office of Cable Television of the State of New Jersey Board of Public Utilities and in a subsequent resolution of the issues by the parties, as set forth in this ordinance.
[Amended 11-23-2004 by Ord. No. 04-12]
The consent herein granted shall expire 10 years from July 23, 2004, which shall be July 23, 2014.
[Amended 11-23-2004 by Ord. No. 04-12]
Upon the subsequent request of the municipality, during the sixth year of the franchise term, the company shall appear before the Board of Commissioners to review the company's performance hereunder and to discuss any related issues. The municipality reserves the right during this appearance to notify the company of its failure to comply with the material terms of this ordinance. The municipality shall provide at least 60 days in which the company may cure such alleged noncompliance. If the company fails to cure within such time frame, or if such noncompliance is not capable of cure within such time frame and the company has not made diligent efforts to cure as quickly as reasonably possible, then the municipality shall have the right to refer the matter to the Board for its administrative review and enforcement. In addition to any other rights or relief that may be available to the governing body, if a failure to comply with the terms of this ordinance shall continue after the above cure period, and if such failure is material in nature and constitutes substantial noncompliance, then the governing body may petition the Board of Public Utilities to revoke the franchise previously granted to TWFanch-One Co. by Ordinance No. 04-09.
Editor's Note: Ord. No. 04-09, adopted 10-12-2004, provided for adoption of this chapter.
Pursuant to the terms and conditions of the Cable Television Act, the company shall, during each year of operation under the consent granted herein, pay to the municipality 2% of the gross revenues from all recurring charges in the nature of subscription fees paid by subscribers to its cable television reception service in the municipality or any amount permitted by the Act or otherwise allowable by law.
The consent granted herein to the company shall apply to the entirety of the municipality and any property hereafter annexed.
The company shall be required to proffer service along any public right-of-way to any person's residence or business located in all areas of the franchise territory described herein at tariffed rates for standard or nonstandard installation.
Restoration. In the event that the company or its agents shall disturb any pavement, street surfaces, sidewalks, driveways or other surfaces in the natural topography, the company shall, at its sole expense, restore and replace such places or things so disturbed in as good condition as existed prior to the commencement of said work.
Relocation. 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 company, upon reasonable notice by the municipality, shall remove, relay and relocate its equipment at the expense of the company.
Temporary removal of cables. The company shall temporarily move or remove appropriate parts of its facilities to allow for the moving of buildings and machinery or in other similar circumstances. The expense shall be borne by the party requesting such action, except when requested by the municipality, in which case the company shall bear the cost.
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 the 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 to maintain proper clearance for the company's facilities. The company shall furnish reasonable notice by the most practical means possible under the circumstances to the Superintendent of the Department of Public Works, 234 Main Street, Ridgefield Park, New Jersey 07660, at least three business days prior to the trimming of trees, except in the event of an emergency. The company, where possible, shall notify the municipality in writing of its intention to trim trees upon an overhanging, streets, alleys, sidewalks and public places.
During the term of this franchise, and any renewal thereof, the company shall maintain a local business office, which is currently located at 200 Roosevelt Place, Palisades Park, New Jersey 07650, for the purpose of receiving, investigating and resolving all complaints regarding the quality of service, equipment malfunctions and similar matters, and for receiving service of process. 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.
The Office of Cable Television of the State of New Jersey Board of Public Utilities 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.
During the life of the franchise, the company shall give a bond to the municipality, which bond shall be in the amount of $25,000. Such bond shall be to ensure the faithful performance of all undertakings of the company as represented in its application and incorporated herein.
The rates of the company shall be subject to regulation as permitted by federal and state law.
The cable operator shall provide access time for noncommercial use to noncommercial public, governmental and educational entities on one PEG access channel, which the municipality will share with other municipalities constituting Time Warner's New Jersey franchises. The company shall maintain, as part of this channel, a community bulletin board, which shall be open to be used for noncommercial purposes by the representatives of the municipality, including the governing body or its designee and the Board of Education or its designee, as well as representatives and members of the public and other New Jersey communities. Noncommercial use of the facilities and bulletin board service shall be free of charge to representatives of the municipality, Board of Education, and the public. Time shall be available on the PEG channel to the municipal governing body or its designee and the Board of Education or its designee at least once per week at a reasonable time to be set by the company. The company shall also continue to maintain a studio for producing governmental access programming. Such studio is currently located at 200 Roosevelt Place, Palisades Park, Bergen County, New Jersey 07650.
Access equipment and personnel. The cable operator shall provide the necessary equipment currently offered by the company for use by the public, the municipality and other entities designated in Subsection A of this § A400-15, including any upgrades to the service that the company may make during the franchise term or during extensions thereto.
The company will continue to provide, if it is presently doing so, one free hook-up with basic cable service free of charge to the municipal governing body or its designee at the municipal building, to volunteer fire company buildings, volunteer ambulance corps and rescue squad buildings, and to the municipal public library. In the event the company is also providing such free service to the Board of Education or its designee, it shall continue to do so.
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 municipality 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, and $500,000 for property damage resulting from any one accident.
The company shall be required to have the capability to override the audio portion of the system in order to permit the broadcasting of emergency messages by the municipality, pursuant to state and federal requirements. The company 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 utilize the applicable state-approved procedures for such emergency uses.
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 consent, subject to change in the ordinary course of business. The application and any other relevant writings submitted by the company shall be annexed hereto and made a part hereof by reference as long as they do not conflict with state or federal law.
Upon adoption of this ordinance by the governing body, and the approval of it by the Office of Cable Television of the State of New Jersey Board of Public Utilities, and upon the issuance of a certificate of approval by the Office of Cable Television of the State of New Jersey Board of Public Utilities, Ordinance No. 3-03 shall be repealed in its entirety, and the terms of this ordinance shall be in full force and effect.
Editor's Note: Ordinance No. 03-3 was originally repealed 5-6-2004 by Ord. No. 04-6.
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 hereof.
This ordinance shall take effect 20 days after the first publication thereof after final passage.
Upon adoption of this ordinance, a true copy of this ordinance shall be filed with the Clerk of the Village of Ridgefield Park, and certified copies of the ordinance shall be forwarded to the Office of Cable Television Board of Public Utilities of the State of New Jersey and to the applicant.