[HISTORY: Adopted by the Board of Commissioners of the City
of 11-1-2011. Amendments noted where applicable.]
For the purpose of this ordinance the terms defined above shall
have the meanings there indicated,[1] 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 City'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 City of in the County of Hudson
and the State of New Jersey.
Cablevision of Hudson County, LLC, d/b/a Cablevision of Hudson
("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 N.J.A.C. 14:18-1 et seq., or as such regulations may be amended.
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 City 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 City 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 City 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 the issuance of the certificate
of approval by the Board of Public Utilities.
If Cablevision seeks successive consent, 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-11 and N.J.S.A.
48:5A-16, and applicable state and federal rules and regulations.
The company shall also seek approval from the Board 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 City
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 City 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. Commercial properties shall be provided service in accordance
with Cablevision's commercial line extension policy.
Pursuant to the terms and conditions of the Cable Television
Act, Cablevision shall pay to the City, as an annual franchise fee,
a sum equal to 2% of the actual gross revenues received from all recurring
charges in the nature of subscription fees paid by subscribers for
its cable television reception services in the City. In the event
applicable law hereinafter permits a larger franchise fee to be collected,
but does not fix the amount thereof, then the City and Cablevision
shall negotiate in good faith with respect to the amount thereof.
A.Â
Upon written request from the City, the company shall provide, free
of charge, one standard installation and monthly basic cable television
service to all state or locally accredited public schools and all
municipal buildings used for governmental purposes within the City.
B.Â
Upon written request from the City, the company shall provide to
a municipal building, without charge, the following: 1) one standard
installation; 2) one cable modem; and 3) basic cable modem service
for the term of this ordinance. The City shall be permitted to network,
at its own cost, four personal computers terminals to the cable modem
provided by the Cablevision. 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.Â
Upon written request from the City, the company shall provide to
state and locally accredited elementary and secondary schools and
municipal public libraries in the City, without charge, the following:
1) one standard installation per school or library; 2) one cable modem
per installation; and 3) basic cable modem service for the term of
this ordinance for each installation. Each school and library shall
be permitted, at its own cost, to network up to 25 computers to the
cable modem provided by Cablevision. 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 City:
A.Â
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.Â
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 City, shall remove
or relocate its equipment, at its own expense.
C.Â
Upon request of a person holding a building or moving permit issued
by the City, 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.Â
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 City 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 City 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 City 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 to the municipality
in the amount of $25,000. Such bond shall be to insure the faithful
performance of its obligations as provided in this franchise.
A.Â
The rates of the company for cable television service shall be subject
to regulation to the extent permitted by federal and state law.
B.Â
Cablevision shall implement a senior citizen discount in the amount
of 25% off the monthly broadcast basic level of cable television service
rate to any person 62 years of age or older, who subscribes to cable
television services provided by the company, subject to the following:
(1)Â
Such discount shall only be available to eligible senior citizens
who do not share the subscription with more than one person in the
same household who is less than 62 years of age; and
(2)Â
In accordance with N.J.S.A. 48:5A-11.2, subscribers seeking
eligibility for the discount must meet the income and residence requirements
of the Pharmaceutical Assistance to the Aged and Disabled program
pursuant to N.J.S.A. 30:4D-21; and
(3)Â
The senior discount herein relates only to the broadcast basic
level of cable television service and shall not apply to any additional
service, feature, or equipment offered by the company, including any
premium channel services and pay-per-view services; and
(4)Â
Senior citizens who subscribe to a level of cable television
service beyond expanded basic service, including any premium or per-channel
a la carte service, shall not be eligible for the discount; and
(5)Â
The company shall have no further obligation to provide the
senior discount herein in the event that a) the company converts the
municipal consent granted herein to a system-wide franchise in accordance
with N.J.S.A. 48:5A-25.1; or b) upon Board approval of a certification
that another cable television service provider offering services to
residents of the City files, in accordance with N.J.S.A. 48:5A-30d,
is capable of serving 60% or more of the households within the Township.
In the event the company does cease providing a senior discount pursuant
to this provision, it shall comply with all notice requirements of
applicable 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 City pursuant to state and federal requirements.
The company shall in no way be held liable for any injury suffered
by the City 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 City shall utilize the state-approved
procedures for such emergency uses.
A.Â
In the event that the City approves or permits a cable system to
operate in the community on terms more favorable or less burdensome
than those contained in this ordinance, such more favorable or less
burdensome terms shall be applicable in this consent, subject to a
petition to the Board of Public Utilities as provided for in accordance
with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7.
B.Â
In the event that a nonfranchised multichannel video programmer provides
service to residents of the City, Cablevision shall have a right to
request franchise amendments to this ordinance that relieve Cablevision
of regulatory burdens that create a competitive disadvantage to the
company. In requesting amendments, Cablevision shall file with the
Board of Public Utilities a petition for approval in accordance with
N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7 seeking to amend the ordinance.
Such petition shall: i) indicate the presence of a nonfranchised competitor(s);
ii) identify the basis for Cablevision's belief that certain
provisions of this franchise place it at a competitive disadvantage;
and iii) identify the regulatory burdens to the amended or repealed
in order to eliminate the competitive disadvantage. The City shall
not unreasonably withhold or object to granting the company's
petition and so amending the ordinance, subject to a petition to the
Board of Public Utilities as provided for in accordance with N.J.S.A.
48:5A-47 and N.J.A.C. 14:17-6.7.
C.Â
In any subsequent municipal consent, the City shall require, at a
minimum, the same terms and conditions of any other provider of multichannel
video programming subject to the City's regulatory authority
as those contained in the instant consent. In the event such subsequent
consent does not contain the same terms and conditions as the instant
consent, the City 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 NJAC 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.Â
Cablevision shall continue to make available noncommercial public,
educational and governmental (PEG) access as described in the application
for municipal consent.
B.Â
The City agrees that the company shall retain the right to use the
PEG access channel, or portion thereof, for non-PEG access programming,
during times when the City 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 City provision of PEG access programming on
such channel.
C.Â
Cablevision shall continue to provide and maintain the access return line at Union Hill High School, for use by the City in the production of noncommercial educational and governmental access programming on the cable system. Cablevision shall have discretion to determine the format and method of transmission of the PEG access programming provided for in this § A440-21.
D.Â
In consideration for the rights granted by this ordinance, Cablevision
shall provide the City with an initial grant in the amount of $11,000.
Such amount shall be paid within 90 days following the grant of the
certificate from the Board. In addition, beginning in the second year
of the municipal consent and annually thereafter through the ten-year
term of the franchise, Cablevision shall pay a grant to the City in
the amount of $6,000 in each of the following years of the term of
the ordinance (the "annual grant"). The annual grant may be used by
the City for any cable and/or other telecommunications-related purpose
as the City, 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 City
within 60 days from receipt of the City'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.
E.Â
The company shall have no further obligation to provide any PEG grant
payments due and payable after the date upon which:
(1)Â
The
company converts the municipal consent granted herein to a system-wide
franchise in accordance with N.J.S.A. 48:5A-25.1; or
(2)Â
Board
approval of a certification of another cable television service provider
offering services to residents of the City files, in accordance with
N.J.S.A. 48:5A-30d, that the provider is capable of serving 60% or
more of the households within the City.
F.Â
All PEG access support provided by the Cablevision shall be for the
exclusive use and benefit of company's customers within the City.
Although nothing herein shall require Cablevision to carry or
transmit any particular programming source, Cablevision shall provide
subscribers in the City with a similar mix, and, at a minimum, the
same level of video programming as is now provided to the City of
Union City subscribers and which appears in the company's application.
The company shall provide the City of Union City subscribers with
at least the same broad categories of programming in approximately
the same quantity as are now provided and which appear in the company's
application.
All of the commitments contained in the application and any
amendment thereto submitted in writing to the City 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.
If any section, subsection, sentence, clause, phrase, or portion
of this ordinance is for any reason held invalid or unconstitutional
by any court 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 portion thereof.
This ordinance shall take effect upon issuance of a certificate
of approval as issued by the Board of Public Utilities.
