[HISTORY: Adopted by the Mayor and Council of the Borough
of Edgewater as indicated in article histories. Amendments noted where
applicable.]
[Adopted 7-19-1993 by Ord. No. 1008-93 (Ch. A313 of the 1975
Code)]
The municipality hereby grants to Vision Cable Television Company,
which name is designated on the amended application and filed with
the Board of Regulatory Commissioners of the State of New Jersey,
its consent to place in, upon, along, across, above, over and under
the highways, streets, alleys, sidewalks, public ways and public places
in the municipality, poles, wire, cables, underground conduits, manhole
and other television conductors and fixtures necessary for the maintenance
and operation in the municipality of a cable television system and
cable communications system.
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 (47 CFR 76.5) 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, Section
48:5A-1 et seq., as amended.
The grantee of rights under this ordinance and is known as
"Vision Cable Television Company," which name is designated on the
amended application filed with the Board of Regulatory Commissioners
of the State of New Jersey.
The Borough of Edgewater, County of Bergen, in the State
of New Jersey.
Public hearings concerning the franchise herein granted to the
company were held after proper public notice pursuant to the terms
and conditions of the Act and pursuant to communications with the
Board of Regulatory Commissioners and on dates meeting the approval
of representatives of all applicants. The hearings have been held
as above stated and have been fully open to the public, and the municipality
having received at these hearings all comments regarding the qualifications
of the company to receive this franchise, 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.
The consent herein granted shall expire 15 years from the date
of the expiration of the original certificate of approval as issued
by the Board of Public Utilities. This term shall be automatically
renewed for a period of 10 years unless either the municipality or
the company shall, not later than 60 days before the expiration of
the initial term, serve upon the party notice of its intention not
to accept such automatic renewal as set forth in N.J.S.A. 48:5A-25.
If the company seeks a successive consent, it shall, prior to
the expiration of this consent, apply for a municipal consent and
certificate of approval in accordance with the Cable Television Act,
N.J.S.A. 48:5A-11 and 48:5A-16 and applicable state and federal rules
and regulations. The company shall also petition the Board for a certificate
of approval authorizing continued operation during the period following
expiration of the consent granted herein, and until such a time that
a decision is made by the municipal governing body relative to the
renewal of said consent.
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 municipality 2% of the gross revenues from all recurring
charges in the nature of subscription fees paid from subscribers to
its cable television reception service in the municipality, or any
amount permitted by the New Jersey Cable Television Act or otherwise
allowed by law.
The consent granted herein to the company shall apply to the
entirety of the municipality of the Borough of Edgewater and any property
hereafter annexed by the municipality by law.
The company shall be required to complete any proposed construction
within the service area described in the application. The timetable
as presented in the application incorporated herein has been determined
to be reasonable by Edgewater.
The company shall be required to proffer service along any public
right-of-way to any person's residence or business located in those
areas of the franchise territory described herein, in accordance with
the proposal for the provision of services as described in the application.
Any additional extension of the system will be made in accordance
with the proposal in the application.
A.Â
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.
B.Â
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, re-lay and relocate its equipment at the
expense of the company.
C.Â
Temporary removal of cables. The company shall temporarily move or
remove appropriate parts of its facilities to allow moving of buildings
or 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.
D.Â
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 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.
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.
The present address of the company for such purpose is 200 Roosevelt
Avenue, Palisades Park, New Jersey. Such local business office shall
be open during normal business hours, but in no event less than 9:00
a.m. through 5:00 p.m., Monday through Friday.
The Cable Television Advisory Committee formed by the Mayor
and Council of the municipality, or any designated persons or entity
which may be appointed from time to time by the Mayor and Council
of the municipality, shall be empowered to receive any complaints
and to process these complaints to the Office of Cable Television,
which 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. 14:17-7.1.
During the life of the franchise, the company shall post a performance
bond to the municipality of Edgewater in the sum of $25,000. Such
bond shall be to ensure the faithful performance of all undertakings
of the company as represented in its application for municipal consent
incorporated herein.
The municipality, having determined that the rates proposed
in the application for cable television receipt service are reasonable,
approves them as presented, subject to review and regulation by the
Board, if permitted by law.
The basic service includes those channels which the company
is required to carry by FCC rules and any channel which the company
carries without a separate or additional charge.
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 Borough of Edgewater as
an additional insured and insuring against loss by any such claim,
suit, judgment, execution or demand in the minimum amounts of $150,000
for bodily injury or death to any one person, within the limit, however,
of $500,000 for bodily injury or death resulting from any one accident;
$100,000 for property damage resulting from any one accident; $50,000
for all other types of liability; or for any other amounts statutorily
mandated.
The company shall hold the municipality harmless for any liability
arising out of the company's operation and construction of its CATV
system.
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 affect the validity of the remaining
portions hereof.
It is understood that should any state or federal agency or
body modify, change or alter any of its provisions with respect to
cable television generally, such modifications, changes or alterations
shall be incorporated into this consent consistent with the application
dates specified in the change.
This municipal consent shall become effective as of the date
upon which the municipality received written notification that the
company accepts the terms and conditions herein.
[Adopted 11-16-2020 by Ord. No. 2020-006]
The Borough of Edgewater (Borough) hereby grants to Spectrum
New York Metro, LLC (Company) its nonexclusive consent to place in,
upon, along, across, above, over and under the highways, streets,
alleys, sidewalks, public ways, and public places in the Borough poles,
wires, cables, underground conduits, manholes and other conductors
and fixtures necessary for the maintenance and operation in the Borough
of a cable television system and cable communications system.
For the purposes of this article, the following terms, phrases,
words and their derivations shall have the meanings given herein.
Such meanings or definitions of terms are supplemental to those definitions
given under federal law, including but not limited to those of the
Federal Communications Commission, FCC Rules and Regulations 47 CFR
76.1 et seq., and the Communication 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.
Chapter 186 of the General Laws of New Jersey, and subsequent
amendment thereto, Section 48:5A-1 et seq.
The Borough of Edgewater, County of Bergen, State of New
Jersey.
Spectrum New York Metro, LLC, an indirect subsidiary of Charter
Communications, Inc., the grantee of rights under this article.
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 and fully
open to the public, and the Borough having received all comments regarding
the qualification of the Company to receive this 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.
The consent herein granted shall expire 15 years from the date
of expiration of the certificate of approval issued by the Board of
Public Utilities.
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 Borough 2% of the gross revenues from all
recurring charges in the nature of subscription fees paid by subscribers
for its cable television reception service in the Borough.
The consent granted herein to the Company shall apply to the
entirety of the Borough and any property hereafter annexed by the
Borough by law.
The Company shall be required to proffer service along any public
right-of-way to any person's residence or business located in those
areas of the franchise territory described herein, in accordance with
the proposal for the provision of services as described in the Company's
application for municipal consent. Any additional extension of the
system will be made in accordance with the Company's line extension
policy.
Any work performed hereunder requires notice to the appropriate
Borough official prior to commencement of work, including notice to
the Department of Public Works, Edgewater Police Department, the Building
Department and the Borough Adminstrator's office.
A.Â
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.
B.Â
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, relay and relocate its equipment at the expense of the
Company.
C.Â
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 Borough, in which case the Company shall bear
the cost.
D.Â
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 and
public places of the Borough 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.
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.
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) and amendments
thereto. All complaints shall be received and processed in accordance
with N.J.A.C. 14:17-6.5 and amendments thereto.
During the franchise, the Company shall provide a surety bond
to the Borough, which bond shall be 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 of municipal consent.
The rates of the Company shall be subject to regulation as appropriate
in accordance with federal and state laws.
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 Borough as an insured and
insuring against loss by any such claim, suit, judgment, execution
or demand in the minimum amount of $1,000,000 for bodily injury or
death per occurrence, and $500,000 for property damage per occurrence.
The Company shall be required to abide by applicable federal
requirements regarding the Emergency Alert System (EAS). 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 System as contemplated herein.
Notwithstanding any other provisions of this article, the Company
shall not be liable for any delay in the performance of, or failure
to perform, in whole or in part, its obligations pursuant to this
article due to strike, unavailability of materials or equipment, war
or act of war (whether an actual declaration of war is made or not),
insurrection, riot, civil disturbance, sabotage or vandalism, customer
tampering or interference, act of public enemy, accident, fire, flood
or other events, to the extent that such causes or other events are
beyond the control of the Company.
If any section, subsection, sentence, clause, phrase or portion
of this article 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 affect the validity of the remaining
portions hereof.
The Company hereby agrees to indemnify and hold the Borough,
including its agents and employees, harmless from any claims or damages
resulting from the negligent actions of the Company in constructing,
operating or maintaining the cable system. The Borough agrees to give
the Company written notice of its obligation to indemnify the Borough
within 30 days of receipt of a claim or action pursuant to this section.
Failure to provide such notice shall not invalidate the Company's
obligations hereunder. Notwithstanding the foregoing, the Company
shall not be obligated to indemnify the Borough for any damages, liability
or claims resulting from the willful misconduct or negligence of the
Borough or for the Borough's use of the cable system.
This article shall take effect immediately upon final publication
as required by law.
All ordinances and parts of ordinances that are inconsistent
with the provisions of this article are hereby repealed to the extent
of such inconsistency.
