[HISTORY: Adopted by the Mayor and Council of the Borough
of Alpha as indicated in article histories. Amendments noted where
applicable.]
[Adopted 1-24-2012 by Ord. No. 12-01[1]]
[1]
Editor's Note: This ordinance also repealed former Ch. A450,
Cable Television Franchise, adopted 6-24-1997 by Ord. No. 97-9.
This ordinance shall be known and may be cited as the "Service
Electric Cable TV of Hunterdon, Inc., Franchise Ordinance."
Service Electric Cable TV of Hunterdon, Inc., a Pennsylvania
corporation (SECTV), has applied to the Borough of Alpha pursuant
to the provisions of the Cable Television Act, N.J.S.A. 48:5A-1 et
seq. ("the Act") for renewal of the Borough's consent to operate a
cable television system in the Borough of Alpha and to use the public
roads of the Borough for its cable television system. A public hearing
concerning the franchise granted to the company was held on October
11, 2011, after proper public notice pursuant to the terms and conditions
of the Act, the hearing having been fully opened to the public, and
the Borough having received at the hearing all comments regarding
the qualifications of the company to receive a franchise.
For the purpose of this ordinance, the following terms, phrases,
words and their derivations shall have the meanings given herein.
When not inconsistent with the context, words used in the present
tense include the future, words in the plural include the singular,
and words in the singular include the plural.
The application for renewal of municipal consent filed with
the Borough.
The Board of Public Utilities of the State of New Jersey.
The Borough of Alpha, County of Warren, State of New Jersey,
and shall include, as appropriate, the governing body of the Borough.
The commitments, terms and undertakings on the part of Service
Electric set forth in this ordinance.
Any communications service other than cable television reception
service delivered through the facilities of a CATV system and for
which charges in addition to or other than those made for cable television
reception service are made or proposed to be made.
Any person owning, controlling, operating or managing a cable
television system. The term "person," as used herein, shall be construed,
without limiting the generality thereof, to include specifically any
agency or instrumentality of this state or of any of its political
subdivisions; but this definition shall not include a telephone, telegraph
or electric utility company regulated by the Board in a case where
it merely leases or rents or otherwise provides to a CATV company
wires, conduits, cables or pole space used in the redistribution of
television signals to or toward subscribers or customers of such CATV
company.
Any facility within this state which is operated or intended
to be operated to perform the service of receiving and amplifying
the signals broadcast by one or more television stations and redistributing
such signals by wire, cable or other device or means for accomplishing
such redistribution to members of the public who subscribe to such
service or distributing through its facility any television signals,
whether broadcast or not, or any part of such facility. The term "facility,"
as used in this definition, includes all real property, antennas,
poles, wires, cables, conduits, amplifiers, instruments, appliances,
fixtures and other personal property used by a CATV company in providing
service to its subscribers and customers.
The grantee of rights under this ordinance awarding a franchise
and known as "Service Electric Cable TV of Hunterdon, Inc."
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., or as that statute may be amended.
Those federal regulations relating to cable television service,
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.
Every street, road, alley, thoroughfare, way or place of
any kind used by the public or open to use by the public.
Any natural person, firm, partnership, associates, corporation,
company or organization of any kind.
That statute of the State of New Jersey relating to cable
television, commonly known as the "Cable Television Act," N.J.S.A.
48:5A-1 et seq., or as that statute may be amended.
Those regulations of the Board 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.
Those revenues derived from all recurring charges in the
nature of subscription fees paid by subscribers located within the
Borough for cable television reception service for which no separate
or additional charge is made, i.e., basic cable service.
The Borough 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 Borough therefore grants the company a franchise,
right and privilege to construct, erect, operate, modify and maintain
in, upon, along, across, above, over and under the highways, streets,
alleys, sidewalks, public ways and public places now laid out or dedicated
and all extensions thereof and additions thereto such poles, wires,
cables, underground conduits, manholes and other television conductors
and fixtures necessary for the maintenance and operation in the Borough
of a cable television system and cable communications system for the
purpose of distributing television and radio signals and other electronic
impulses in order to furnish television and radio programs and various
communications and other electronic services to the public. The right
so granted includes the right to use and occupy said highways, streets,
alleys, public ways and public places and all manner of easements
for the purposes herein set forth as provided by the Federal Act and
State Act.
The nonexclusive franchise granted the company herein shall expire 15 years from the date of expiration of the previous certification of approval by the Board. The fifteen-year term shall be conditioned upon the company complying with a mutually negotiated agreement between the Borough and the company for the expansion of the company's cable and Internet service to the areas designated in § A450-8 of this ordinance. The Borough reserves the right at any time to enforce and/or terminate the franchise according to applicable laws, rules and regulations for the company's failure to perform any of its commitments and obligations as set forth in this ordinance. Prior to enforcement or termination, the Borough shall give the company 60 days' written notice to cure the noncompliance. In the event, noncompliance continues, the Borough shall file a petition with the Board of Public Utilities seeking such relief as is appropriate under the circumstance.
If the company seeks successive consent, it shall, prior to
the expiration of this consent, apply for 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 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.
A.
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 by subscribers to its cable
television reception service in the municipality or any amount permitted
by the Cable Television Act or otherwise allowable by law. The fee
shall be paid on or before January 25 of each year, and at the same
time the company shall file with the Chief Financial Officer of the
municipality a statement showing the gross receipts upon which payment
is based.
B.
In the event applicable law hereafter permits a larger franchise
fee to be collected, but does not fix the amount thereof, the Borough
and the company shall negotiate in good faith with respect to the
amount. Additionally, in the event the relevant laws are amended in
the future to allow additional fees and/or charges (collectively "fees")
to be paid to the Borough, the Borough shall have the right to impose
such fees in accordance with the applicable law. In the event the
law does not state the amount the Borough is allowed to impose, the
parties shall negotiate in good faith with respect to the amount of
the fee. In the event any of the fees provided for in this section
cannot be agreed to after negotiations, then the Borough shall have
all rights available to it under law in order to establish the fee.
A.
The Company shall be required to offer service to any residence 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. The company shall
be further required to extend service to those Borough streets, along
public rights-of-way as indicated below:
B.
New cable service or products made available to the residents of
Phillipsburg shall be made available to all of Alpha Borough within
one year after introduction.
C.
Any future extensions of the system, or any extension of the system
along private roads will be made in accordance with the company's
line extension policy, where applicable.
A.
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.
In the event that at any time during the term of this ordinance the
Borough shall lawfully elect to alter or change the grade of any street,
alley or other public way, the company, upon reasonable notice by
the Borough, shall, at its expense, remove, relay and relocate its
poles, wires, cables, underground conduits, manholes and other fixtures.
C.
The company shall, on the request of any person holding a valid building
moving permit issued by the Borough, temporarily raise or lower its
wires to permit the moving of buildings. The expense of such temporary
removal, raising or lowering of wires shall be paid by the person
requesting the same, and the company shall have the authority to require
such payment in advance. The company shall be given not less than
10 days' advance notice to arrange for temporary wire changes.
D.
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 within the Borough so
as to prevent the branches of such trees from coming into contact
with the wires and cables of the company. Such trimming shall be performed
only to the extent necessary to maintain proper clearance for the
company's wires and cables.
E.
The company shall cause any and all construction plans relating to
work on any extension of the company plant or work which could have
a significant impact on public works within the Borough to be filed
with the Borough Engineer.
F.
All facilities and equipment of the company shall be constructed
and maintained in accordance with the requirements and specifications
of the applicable ordinances and regulations set forth by the Borough
and/or any other local, state or federal agencies.
The consent granted herein to the company shall apply to the
entirety of the municipality and any property hereafter annexed.
During the term of this franchise and any renewal term, 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
in accordance with N.J.A.C. 14:18-5.1. All complaints shall be received
and processed by the company pursuant to N.J.A.C. 14:17-6.5. The local
office shall be open to receive inquiries and complaints and to receive
payment of bills from subscribers during normal business hours, and
in no event less than 9:00 a.m. to 5:00 p.m., Monday through Friday.
Any complaints from subscribers shall be investigated as soon as practicable,
but at least within two business days of their receipt. The company
shall keep a maintenance service log in the manner required by the
regulations of the Office of Cable Television.
The New Jersey Office of Cable Television (OCTV) is hereby designated
as the complaint officer required by N.J.S.A. 48:5A-26 to receive
and act upon complaints by subscribers to cable television reception
service provided pursuant to this franchise.
A.
Facilities and equipment. In transmitting its television signals
to subscribers in the Borough, the company shall provide a quality
of signal that is at least as good as that customarily provided under
prevailing industry standards, and the company shall comply with any
requirements imposed by the federal regulations, any federal pronouncements
and, to the extent not preempted by federal law, any state pronouncements
relating to technical standards for the transmission of television
signals, transmission quality or facilities and equipment.
B.
Emergency uses. The company is in compliance with the Federal Emergency
Alert System ("EAS") and, as such, 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 injuries 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 systems as contemplated
herein. The municipality shall utilize the state-approved procedures
for such emergency uses.
C.
Customer service. At the request of the Borough, the company and
Borough's designee shall meet at least semiannually to review all
matters relating to cable television in the Borough, with the minutes
of such meetings to be delivered to the company and to be filed with
the Borough.
A.
The Borough acknowledges that, under the Federal Act, municipalities
do not have the authority to regulate the rates the company charges
subscribers for its services. Therefore, the Borough will not regulate
the rates the company may charge subscribers for its service; provided,
that, in the event the Federal Act and other applicable law hereinafter
is amended to permit the exercise of regulatory power over rates by
municipalities, the Borough reserves the right to exercise the maximum
power permitted by law.
B.
The Borough is desirous of obtaining reduced rates for senior citizens,
disabled residents and other parties for whom reduced rates may currently
be available or may be available during the term of this ordinance.
Therefore, if the company has adopted or adopts reduced rates for
senior citizens, disabled persons or other parties in the future,
all in accordance with N.J.S.A. 48:5A-11.1 et seq. and the Federal
Act or any other law or regulation, these special rates shall be offered
to qualified Alpha residents.
Although nothing herein shall require the company to carry or
transmit any particular television stations or programming source,
the company shall provide the subscribers in the Borough with at least
the same broad categories of programming, in approximately the same
quantity, as are now provided and which appear in the application.
A.
The company shall provide free installation and basic cable service
through one service outlet to the following facilities: the municipal
building; Alpha Borough School; each police, fire, first aid, and
emergency management facility; Department of Public Works; and Borough-operated
community center at no cost. This obligation shall apply to any new
facilities in the preceding categories constructed during the term
of municipal consent.
B.
The company shall provide free installation of Internet services
to the same facilities listed in Section A. This obligation shall
apply to any new facilities in the preceding categories constructed
during the term of municipal consent. The company is not required
to provide the monthly service fee free of charge.
A.
The company shall pay, and by its acceptance of this franchise the
company expressly agrees that it will pay, all damages and penalties
which the Borough may legally be required to pay as a result of the
company's negligence in the installation, operation, or maintenance
of the cable television system authorized herein. The Borough shall
notify the company's general manager within 30 days after the presentation
of any claim or demand to the Borough, either by suit or otherwise,
made against the Borough on account of any negligence or contract
as aforesaid on the part of the company.
B.
Furthermore, the company shall carry liability insurance in the minimum
amount as follows:
During the life of the franchise, the company shall give a bond
to the Borough in accordance with N.J.S.A. 48:5A-28(d), which bond
shall be in the minimum amount of $25,000. Such bond shall be to insure
the faithful performance of all undertakings of the company as represented
in the application herein.
The company shall have the authority to promulgate such rules,
regulations, terms and conditions governing the conduct of its business
as shall be reasonably necessary to enable the company to exercise
its rights and perform its obligations under this franchise and to
assure uninterrupted service to each and all of its subscribers; provided,
however, that such rules, regulations, terms and conditions shall
not be in conflict with federal and/or state laws.
The company shall not sell or transfer its CATV system to another,
nor transfer any rights under this franchise to another, except as
provided in the State Act.
Any modification of existing and applicable FCC rules resulting
from amendment thereto by the FCC shall, to the extent applicable,
be considered as part of this franchise as of the effective date of
the amendment made by the FCC and shall be incorporated in this franchise
by specific amendments thereto by the lawful action of the Borough
Council within one year from the effective date of the FCC's amendment
or at the time of renewal to this franchise, whichever occurs first.
This ordinance and franchise are subject to all provisions of
the State Act and Federal Act and to all lawful rules and regulations
of the OCTV adopted pursuant thereto. The company shall at all times
comply with the state regulations governing cable television operation,
the State Act, the Federal Act and any other. In the event of a conflict
between the State Act and state regulations and any FCC rules and
regulations, the FCC rules and regulations shall prevail.
The company shall not allow its cable or other operations to
interfere with the television reception of persons not served by the
company, nor shall the CATV system interfere with, obstruct or hinder
in any manner the operation of the various utilities serving the residents
of the Borough.
In the event new cable services or products are made available
to subscribers in the Town of Phillipsburg, the same or similar service
or product shall be made available to all of Alpha Borough within
one year after introduction.
Subject to the requirements of the Federal Act and approval
by the Board, the Borough reserves the power to amend any portion
of this ordinance after public hearing for the purpose of requiring
reasonable additions or greater standards of construction, operation,
maintenance or otherwise on the part of the company. Said amendments
shall be feasible and within the economic capabilities of the company.
Notwithstanding any specific mention of applicable federal or
state statutes or regulations above, the company shall comply with
all of the requirements of the Federal Act, the federal regulations,
the State Act and state regulations (to the extent not preempted)
and any other valid statute, regulation, rule or promulgation.
Should any of the federal or state statutes, regulations or pronouncements applicable to the regulation of cable television be modified in any way, such modifications, to the extent that they embody required terms and conditions and meaningfully can be incorporated into this ordinance, shall be so incorporated, consistent with any applicable effective dates specified in such modification. To the extent that any such modification places limits on permissible terms and conditions and any provision of this ordinance becomes invalid by virtue of such modification, § A450-27 shall apply.
The Borough reserves the right to amend this ordinance in the
event of any changes in state and/or federal law or regulations regarding
cable television in a manner consistent with the regulations of the
OCTV/BPU.
All of the statements and commitments contained in the application
and any amendment thereto, or otherwise submitted in writing to the
Borough or its Governing body, 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 part hereof by reference to the extent that
they do not conflict with state or federal law.[1]
[1]
Editor's Note: Copies of said application and other relevant
writings are on file in the Borough offices.
[Adopted 2-14-2023 by Ord. No. 2023-04]
The Borough hereby grants to Comcast 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 construction, operation and maintenance
in the Borough of a cable television and communications system. This
consent is subject to the terms and conditions of this ordinance and
upon the condition that the company accepts the provisions of this
ordinance and confirms that it shall comply with the commitments contained
herein.
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 ("FCC") rules and regulations,
47 CFR 76.1 et seq., and the Cable Communications Policy Act, 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 the federal and state definitions:
Chapter 186 of the General Laws of New Jersey, and subsequent
amendments thereto, N.J.S.A. 48:5A-1 et seq.
The company's application for municipal consent.
The Board of Public Utilities, State of New Jersey.
Alpha Borough, County of Warren, State of New Jersey.
The one-way transmission to subscribers of i) video programing
or ii) other programing service, and subscriber interaction, if required
for the selection or use of such video programming or other programing
service.
The grantee of rights under this ordinance and is known as
"Comcast of Northwest New Jersey, LLC."
The Federal Communications Commission.
The Office of Cable Television of the Board.
Consists of the area of the municipality where the company
shall provide service at standard and nonstandard installation rates,
as set forth in the map annexed to the company's application
for municipal consent and as agreed to by the parties.
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 municipality having received all comments
regarding the qualifications of the company to receive this consent
and the representations of the company 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.
A.
The nonexclusive municipal consent granted herein shall expire 10
years from the date of issuance of the certificate of approval issued
by the Board of Public Utilities.
B.
In the event that the municipality shall find that 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 service
in the Borough or any higher amount permitted by the Act or otherwise
allowable by law, whichever is greater.
The consent granted under this ordinance for the franchise shall
apply to the entirety of the municipality and any property subsequently
annexed hereto.
The company shall be required to proffer service to any residence
along any public right-of-way in the primary service area, as set
forth in the company's application. Any extension of plant beyond
the primary service area shall be governed by the company's line
extension policy, as set forth in the company's application,
with an HPM ("homes-per-mile") of 35 dwellings per linear mile from
the nearest active trunk or feeder line.
A.
Restoration. In the event that the company or its agents shall disturb
any pavement, street surfaces, sidewalks, driveways, or other surface
in the natural topography, the company shall, at its sole expense,
restore and replace such places or things so disturbed in as reasonably
good a condition as existed prior to the commencement of said work.
B.
Relocation. If at any time during the period of this consent the
City 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, relay or relocate its equipment, at the 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 Borough 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.
In providing cable service to its customers, the company shall
comply with N.J.A.C. 14:18-1.1 et seq. and all applicable 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.
A.
The company shall continue to comply fully with all applicable state
and federal statutes and regulations regarding credit for outages,
the reporting of same to regulatory agencies and 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.
Nothing herein shall impair the right of any subscriber or the Borough
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 under applicable law.
The Office of Cable Television is hereby designated as the complaint
officer for the Borough pursuant to N.J.S.A. 48:5A-26b. All complaints
shall be received and processed in accordance with N.J.A.C. 14:17-6.5.
The Borough shall have the right to request copies of records and
reports pertaining to complaints by Borough customers from the OCTV.
During the term of this franchise, and any renewal thereof,
the company shall maintain a business office or agent in accordance
with N.J.A.C. 14:18-5.1 for the purpose of receiving, investigating
and resolving local complaints regarding the quality of service, equipment
malfunctions, and similar matters.
During the life of the franchise the company shall give to the
municipality a bond 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 for municipal consent incorporated
herein.
The rates of the company shall be subject to regulation as permitted
by federal and state law.
A.
Subject to applicable law, the company will provide courtesy cable
television service on one outlet to the Municipal Building, Fire Department
facility, first aid squad, library, community or senior center and
Public Works facility, provided each facility is within 200 feet of
active cable distribution plant. Each additional outlet installed,
if any, shall be paid for on a materials-plus-labor basis by the Borough.
Monthly service charges shall be waived on all additional outlets
except for equipment.
B.
Subject to applicable law, the company will provide courtesy cable
television service on one outlet to each public and private school
in the municipality, provided each facility is within 200 feet of
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. Monthly service charges shall be waived on all
additional outlets except for equipment.
C.
The Communications Act of 1934, as amended [47 U.S.C. § 543(b)(4)],
allows the company to itemize and/or identify the amount on the monthly
bill assessed to satisfy any requirements imposed on the company by
the cable franchise to support public, educational, and governmental
channels, or the use of such channels or any other services required
under the franchise. The Company reserves its external cost, pass-through
rights to the extent permitted by law.
A.
The company shall make available a system-wide public access channel
maintained by the company. Qualified individuals and organizations
may utilize public access for the purpose of cablecasting noncommercial
access programming in conformance with the company's published
public access rules.
B.
The company shall provide a system-wide leased access channel maintained
by the company for the purpose of cablecasting commercial leased access
programming in conformance with the company's guidelines and
applicable state and federal statutes and regulations.
C.
The company shall not exercise editorial control over any educational
or governmental use PEG access channels, except the company may refuse
to transmit any educational or governmental access program or portion
of an educational or governmental access program that contains obscenity,
indecency, or nudity.
D.
The company shall take any steps that are necessary to ensure that
the signals originated on the access channels are carried without
material degradation, and with a signal whose quality is equal to
that of the other standard channels that the company transmits.
A.
The company will comply with the Emergency Alert System (EAS) rules
in accordance with applicable state and federal statutes and regulations.
B.
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 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 damages
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.
All of the statements and commitments contained in the application
or annexed thereto and incorporated therein, and any amendment thereto,
except as modified herein, are binding upon the company as terms and
conditions of this consent. The application and other relevant writings
submitted by the company shall be annexed hereto and made a part hereof
by reference, provided same do not conflict with applicable state
or federal law.
Should the municipality grant a franchise or other authorization
to construct, operate and maintain a cable television system to any
other person, corporation or entity on terms materially 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.
If any section, subsection, sentence, clause, phrase, or other
portion of this ordinance is, for any reason, declared invalid, in
whole or in part, by any court, agency, commission, legislative body,
or other authority of competent jurisdiction, such portion shall be
deemed a separate, distinct, and independent portion. Such declaration
shall not affect the validity of the remaining portions hereof, which
other portions shall continue in full force and effect.
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.
The municipality, for its part, shall endeavor to exercise reasonable
efforts to require developers and utility companies to provide the
company with at least 15 days' advance notice of an available
open trench for the placement of necessary cable.
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 the municipality.
This ordinance shall take effect immediately upon issuance of
a certificate of approval from the BPU.
