[HISTORY: Adopted by the Township Committee
of the Township of Hampton 9-25-2018 by Ord. No. 2018-10. Amendments noted where applicable.]
The Municipality hereby grants to the company its nonexclusive
consent to place in, upon, along, across, above, over and under the
highway, 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. Construction, pursuant to
said consent, is conditioned upon prior approval of the Board of Public
Utilities.
For the purposes 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
given by 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 federal or state definitions:
Chapter 186 of the General Laws of New Jersey, and subsequent
amendment thereto, § 48:5A-1 et seq.
Grantee of rights under this ordinance and is known as "Service
Electric Cable TV of New Jersey, Inc."
Township of Hampton, County of Sussex, State of New Jersey.
A public hearing concerning the consent herein granted to the
Company was held, after proper public notice, on February 27, 2018,
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.
The Township hereby grants to the Company consent to the issuance
of a nonexclusive franchise by the New Jersey Board of Public Utilities
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, in the Township of Hampton, such poles,
wires, cables, underground conduits, manholes, and other television
conductors and fixtures necessary for the maintenance and operation
in the Township 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 rights so granted include 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 and
as provided by federal and state law, and are subject to the terms
and conditions herein.
The consent herein granted shall expire on June 1, 2028, 10
years from the date of expiration of the current certificate of approval
as issued by the Board of Public Utilities (BPU). The Company shall
be required to proffer service to any persons, residents or businesses
in conformance with its tariff on file with the Office of Cable Television
including any policies for line extension and/or nonstandard installations.
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.
A.Â
In accordance with N.J.S.A. 48:5A-11, the Board of Public Utilities,
through the Office of Cable Television, shall, consistent with federal
law, prescribe just and reasonable rates, charges and classifications
for the services rendered by a cable television provider. The Township
acknowledges that, under the Act, municipalities do not have the authority
to regulate the rates the Company charges subscribers for its services.
B.Â
Although nothing herein shall require the Company to offer a discount
to senior citizens, disabled residents and/or other parties, if the
Company does offer such a discount in other franchise areas during
the term of the franchise, said discount will likewise be offered
to Township residents who qualify.
The consent granted herein to the Company shall apply to the
entirety of the Municipality, and any property hereafter annexed.
A.Â
Restoration. In the event that the Company or its agents shall disturb
any pavement, streets, 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 to as good
a 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
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 required 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 in Sussex County
for the purpose of receiving, investigating and resolving all complaints
regarding the quality of service, equipment, malfunctions, and similar
matters. Said 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, except on holidays.
The Company shall provide public, educational, and governmental
(PEG) access channels and facilities in accordance with its application
for renewal of municipal consent.
A.Â
The Company shall provide services in accordance with its tariff
for cable television service approved by the Board of Public Utilities
on January 1, 2018. In addition, the Company shall provide the following
locations with complimentary, expanded basic cable service:
(1)Â
One cable connection for the Hampton Township Municipal Building
located at 1 Rumsey Way, Hampton.
(2)Â
One cable connection for the Hampton Township Department of
Public Works located at 1 Rumsey Way, Hampton.
(3)Â
One cable connection for the Hampton Township Senior Community
Center located at 1 Rumsey Way, Hampton.
(4)Â
One cable connection for the Hampton Township Firehouse located
on Kemah-Mecca Lake Road, Hampton.
(5)Â
Two cable connections for the Hampton Township Fire Department
located at 189 Halsey Road, Hampton.
(6)Â
Twenty-nine cable connections for Kittatinny High School located
at 77 Halsey Road, Hampton.
(7)Â
Twelve cable connections for Marian E. McKeown School located
at 1 School Road, Hampton, subject to the terms and conditions set
forth below.
B.Â
The complimentary services provided herein are for expanded basic
cable service only. All subscribers, including those set forth herein,
shall be fully responsible for the cost associated with any installation
of service and with each digital box and/or other equipment that the
subscriber maintains, which fees are determined by the Company in
accordance with the type of digital box(es) and/or other equipment
that the subscriber maintains. With regard to the Marian E. McKeown
School specifically, the Township acknowledges and agrees that:
(1)Â
The cost of any and all existing damage caused to cable(s),
connection(s), equipment, etc., shall be the sole and exclusive responsibility
of the damaging party and shall not, in any way, be the responsibility
of the Company or the Township; and
(2)Â
That no complimentary services as listed herein for the Marian
E. McKeown School shall be provided until such time as all existing
damage is remedied in its entirety.
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 Township with at
least the same broad categories of programming, in approximately the
same quantity, as are now provided, and which appear in the application
for municipal consent.
A.Â
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 amount of $1,000,000 combined single limit
for bodily injury or death to one person, $500,000 for property damage
resulting from any one accident, and an excess liability (or umbrella)
policy in the amount of $10,000,000. All insurance required by this
ordinance shall be and remain in full force and effect for the entire
life of this franchise. A certificate of insurance must be submitted
to the Township Attorney to review for compliance with the above-mentioned
limits of liability. The Township shall be named as an additional
insured on said policies. The insurer shall notice the Township at
least 30 days prior of its intention to cancel any policy.
B.Â
The contractor building the cable television lines shall file a worker's
compensation certificate of insurance with the Township Clerk prior
to commencing any work.
C.Â
The Company shall indemnify, protect and hold the Township harmless
from and against losses and physical damage to property, including
those properties owned or under the control of the Township, and bodily
injury or death of persons, including payments made under any workmen's
compensation law, if such damage may arise out of or is caused by
any act of the Company, its agents or employees.
The Company shall cause all construction plans relating to work
which could have significant impact on public works within the Township
to be filed with the Township Engineer's office.
The Company shall not allow its cable or other operations to
interfere with television reception or persons not served by the Company,
nor shall the system interfere with, obstruct or hinder in any manner
the operation of the various utilities serving the residents of the
Township.
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. 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 it does not conflict
with state or federal law.
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.
This ordinance is subject to all provisions of the Act and to all lawful rules and regulations of the Board of Public Utilities and the Office of Cable Television., adopted pursuant thereto. The Company shall at all times comply with the rules and regulations governing cable television operations lawfully promulgated and adopted by the Board of Public Utilities. Should any of the federal or state acts, regulations, or pronouncements applicable to the regulation of cable television service be modified in any way, such modification, to the extent it embodies 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(s) place(s) limits on permissible terms and conditions, and any provision of this ordinance becomes invalid by virtue of such modification(s), the preceding section, § A142-20, shall apply.
