[HISTORY: Adopted by the Borough Council of the Borough of
Glen Rock 8-27-2008 by Ord. No. 1576.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Communications facilities franchise — See Ch. A235.
[1]
Editor's Note: This ordinance also repealed former Ch.
A234, Cable Television Franchise, adopted 2-25-1998 by Ord. No. 1292.
This ordinance also provided that it shall take effect upon issuance
of a certificate of approval by the Board of Public Utilities.
For the purpose of this ordinance the terms defined above[1] shall have the meanings there indicated, and the following
additional terms shall have the following meanings:
That statute of the State of New Jersey relating to cable
television, known as the Cable Television Act, N.J.S.A. 48:5A-1 et
seq.
Cablevision's application for renewal of municipal consent,
which application is on file in the Borough Clerk's office and
is incorporated herein by reference and made a part hereof, except
as modified, changed, limited or altered by this ordinance.
The Board of Public Utilities of the State of New Jersey
or its successor agency.
The governing body of the Borough of Glen Rock in the County
of Bergen, and the State of New Jersey.
Cablevision of Oakland, LLC ("Cablevision"), the grantee
of rights under this ordinance.
The Federal Communications Commission.
That federal statute relating to cable communications commonly
known as the Cable Communications Policy Act of 1984, 47 U.S.C. § 521
et seq. and the Telecommunications Act of 1996, or as those statutes
may be amended.
Those federal regulations relating to cable television services,
47 CFR 76.1 et seq. (and, to the extent applicable, any other federal
rules and regulations relating to cable television, including but
not limited to those described in 47 CFR 76.3), or as such regulations
may be amended.
The installation of drop cable to a customer's premises
where the distance from the point of entry into the building being
served is less than 150 feet from the active cable television system
plant.
The State of New Jersey.
Those regulations of the State of New Jersey Board of Public
Utilities relating to cable television. N.J.A.C. 14:17-1.1 et seq.
and 14:18-1 et seq., or as such regulations may be amended.
[1]
Editor's Note: "Above" refers to the preamble of Ord.
No. 1576; said terms are also defined below.
A public hearing concerning the consent herein granted to Cablevision
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 municipality having received all comments regarding the qualifications
of Cablevision to receive this consent, the Borough hereby finds Cablevision
possesses the necessary legal, technical, character, financial and
other qualifications to support municipal consent, and that Cablevision's
operating and construction arrangements are adequate and feasible.
The Borough hereby grants to Cablevision its nonexclusive consent
to place in, upon, along, across, above, over, and under its 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 Borough of a cable television system,
and for the provision of any communication service over the such system
as may be authorized by federal or state regulatory agencies. Operation
and construction, pursuant to said consent, is conditioned upon prior
approval of the Board of Public Utilities.
This consent granted herein shall be nonexclusive and shall
be for a term of 10 years from the date of issuance of a certificate
of approval by the Board.
If Cablevision seeks a renewal of the consent provided herein,
it shall, prior to the expiration of this consent, apply for a municipal
consent and certificate of approval in accordance with N.J.S.A. 48:5A-16,
and applicable state and federal rules and regulations. The company
shall also petition the Board for 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 Borough and the
Board relative to the renewal of said consent.
The consent granted under this ordinance to Cablevision shall
apply to the entirety of the Borough and any property hereafter annexed.
Cablevision shall be required to proffer video programming service
along any public right-of-way to any person's residence located
in the franchise territory at tariffed rates for standard and nonstandard
installation.
Cablevision shall pay to the Borough an annual franchise fee,
in accordance with N.J.S.A. 48:5A-30, as amended or supplemented.
A.
Cablevision shall, upon request, provide free of charge one standard
installation and monthly cable television reception service to all
state or locally accredited public elementary and secondary schools
and all municipal public libraries, as well as municipal buildings,
used for governmental purposes, located within the Borough.
B.
Upon written request from the Borough, the company shall provide
to state and locally accredited elementary and secondary schools and
municipal public libraries in the Borough, without charge, the following:
one standard installation per school or library; one cable modem per
installation; and, basic cable modem service for the term of this
ordinance for each installation. This offer shall be subject to the
terms, conditions and use policies of the company, as those policies
may exist from time to time.
C.
Upon written request from the Borough, the company shall continue
to provide to one municipally owned facility, without charge, the
following: one standard installation; one cable modem per installation;
and basic cable modem service for the term of this ordinance for each
installation. This offer shall be subject to the terms, conditions
and use policies of the company as those policies may exist from time
to time.
Cablevision shall perform construction and installation of its
plant and facilities in accordance with applicable state and federal
law. The company shall be subject to the following additional construction
requirements with respect to the installation of its plant and facilities
in the Borough:
A.
In the event that the company or its agents shall disturb any pavement,
street surfaces, sidewalks, driveways or other surfaces, the company
shall at its sole expense restore and replace such disturbances in
as good a condition as existed prior to the commencement of said work.
B.
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 Borough, shall
remove or relocate its equipment, at its own expense.
C.
Upon request of a person holding a building or moving permit issued
by the Borough, the company shall temporarily move or remove appropriate
parts of its facilities so as to permit the moving or erection of
buildings or for the performance of other work. The expense of any
such temporary removal or relocation shall be paid in advance to the
company by the person requesting the same. In such cases, the company
shall be given not less than 14 days' prior written notice in
order to arrange for the changes required.
D.
During the exercise of its rights and privileges under this consent,
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, cables, conduits and fixtures of the company. Such trimming
shall be only to the extent necessary to maintain proper clearance
for the company's facilities.
Cablevision shall comply with the technical and customer service
standards established for the cable industry under applicable federal
and state laws, rules and regulations.
Cablevision shall establish and maintain during the entire term
of this consent a local area business office or agent for the purpose
of receiving, investigating and resolving complaints regarding the
quality of service, equipment malfunctions and similar matters. Said
office shall be open daily during normal business hours, and in no
event less than 9:00 a.m. to 5:00 p.m., Monday through Friday, with
the exception of holidays.
The Office of Cable Television is hereby designated as the complaint
officer for the Borough pursuant to the provisions of N.J.S.A. 48:5A-26.
All complaints shall be reviewed and processed in accordance with
N.J.A.C. 14:17-6.5.
Cablevision agrees to maintain and keep in force and effect
at its sole cost at all times during the term of this consent sufficient
liability insurance naming the Borough as an additional insured and
insuring against loss by any such claim, suit, judgment, execution
or demand in the minimum amounts of $500,000 for bodily injury or
death to one person, and $1,000,000 for bodily injury or death resulting
from any one accident or occurrence stemming from or arising out of
the company's exercise of its rights hereunder.
Cablevision shall obtain and maintain, at its sole cost and
expense, during the entire term of this ordinance, a bond in the amount
of $25,000. Such bond shall be to insure the faithful performance
of its obligations as provided in this franchise.
The rates of the company for cable television services shall
be subject to regulation to the extent permitted by federal and state
law.
Cablevision 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 Borough pursuant to state and federal
requirements. 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 municipality is unable to make full use of the
cable television system as contemplated herein. The Borough shall
utilize the state-approved procedures for such emergency uses.
A.
In the event that the service of another multichannel video program
provider not subject to the Borough's regulatory authority within
the Borough creates a significant competitive disadvantage to Cablevision,
the company shall have the right to request from the Borough lawful
amendments to its franchise that relieve it of the burdens which create
the unfair competitive situation. Should the company seek such amendments
to its franchise, the parties agree to negotiate in good faith appropriate
changes to the franchise in order to relieve the company of such competitive
disadvantages. If the parties can reach an agreement on such terms,
the Borough agrees to support the company's petition to the Board
for modification of the consent in accordance with N.J.S.A. 48:5A-47
and N.J.A.C. 14:17-6.7.
B.
If the parties are unable to reach an agreement on appropriate amendments
to the franchise, the Borough acknowledges that the company shall
have the right to petition the Board directly for such amendments
in accordance with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7; provided,
however, the Borough shall be under no obligation to support Cablevision's
request for such relief from the Board.
C.
In any subsequent municipal consent, the Borough shall require, at
a minimum, the same terms and conditions of any other provider of
multichannel video programming subject to the Borough's regulatory
authority as those contained in the initial consent. In the event
such subsequent consent does not contain the same terms and conditions
as the initial consent, the Borough agrees to support the company's
petition to the Board for modification of the consent in accordance
with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7 to relieve the company
of competitive disadvantages identified in the company's petition.
Upon expiration, termination or revocation of this ordinance,
Cablevision at its sole cost and expense and upon direction of the
Board shall remove the cables and appurtenant devices constructed
or maintained in connection with the services authorized herein, unless
Cablevision, its affiliated entities or assignees should, within six
months after such expiration, termination or revocation, obtain certification
from the FCC to operate an open video system or any other federal
or state certification to provide telecommunications.
A.
Cablevision shall continue to make available noncommercial public,
educational and governmental (PEG) access as described in the application
for municipal consent.
B.
The Borough agrees that Cablevision shall retain the right to use
the PEG access channel, or portion thereof, for non-PEG-access programming,
during times when the Borough is not utilizing the channel for purposes
of providing PEG access programming. In the event that the company
uses said PEG access channel for the presentation of such other programming,
the PEG programming shall remain the priority use and the company's
rights with respect to using the channel for non-PEG programming shall
be subordinate to the Borough's provision of PEG access programming
on such channel.
C.
Upon written request from the Borough, Cablevision shall relocate
the existing fiber return feed located at Glen Rock Jr. High School
to the municipal building located at Harding Plaza. Cablevision shall
be responsible for the first $3,000 of the relocation costs with the
Borough responsible for any remaining costs above and beyond the first
$3,000.
D.
In consideration for the rights granted in this ordinance, the company
shall provide the Borough with a grant in the amount of $14,500. Cablevision
shall provide an initial grant payment of $3,475 within the first
year of the new franchise agreement. The remaining grant of $11,025
shall be provided in annual installments of $1,225, upon written request
by the Borough (the "annual grant). The annual grant may be used by
the Borough for any cable and/or other telecommunications related
purpose as the Borough, in its discretion, may deem appropriate. Cablevision
shall not be obligated to make any additional payments beyond year
10 of the franchise. The annual grant shall be payable to the Borough
within 60 days from receipt of the Borough's written request.
Notwithstanding the foregoing, should Cablevision apply for a system-wide
certification or otherwise convert its municipal consent to a system-wide
certification in accordance with applicable law, it shall be relieved
of any payments due and owing after the date of such conversion or
award of a system-wide franchise.
All of the commitments contained in the application and any
amendment thereto submitted in writing to the Borough by the company
except as modified herein are binding upon Cablevision as terms and
conditions of this consent. The application and any other written
amendments thereto submitted by Cablevision in connection with this
consent are incorporated in this ordinance by reference and made a
part hereof, except as specifically modified, changed, limited, or
altered by this ordinance, or to the extent that they conflict with
state or federal law.
This consent shall be construed in a manner consistent with
all applicable federal, state and local laws.
All of the statements and commitments 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. The application and any other
relevant writings submitted by the company shall be annexed hereto
and made a part hereof by reference to the extent that they do not
conflict with state or federal law.
The company shall be required to offer service along any public
right-of-way to any person's residence or business located in
the municipality, 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 as set
forth in the application.
