[HISTORY: Adopted by the Township Council of the Township
of Vernon 3-13-2023 by Ord. No. 23-05. Prior agreement was adopted 12-9-2013 as Ord. No. 13-19. Amendments noted where applicable.]
The Township hereby grants to the Company its non-exclusive
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 purpose of this chapter the terms defined above shall
have the meanings there indicated, and the following additional terms
shall have the following meanings:
(a)Â
"Act" or "Cable Television Act" shall mean 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.
(b)Â
"Application" shall mean the Company's application for Renewal
of Municipal Consent, which application is on file in the Township
Clerk's office and is incorporated herein by reference and made
a part hereof, except as modified, changed, limited or altered by
this chapter.
(c)Â
"Board" shall mean the Board of Public Utilities of the State of
New Jersey or its successor agency.
(d)Â
"Township" shall mean the governing body of the Township Vernon in
the County of Sussex, and the State of New Jersey.
(e)Â
"Company" shall mean CSC TKR, LLC, the grantee of rights under this
chapter.
(f)Â
"FCC" shall mean the Federal Communications Commission.
(g)Â
"Federal Act" shall mean that federal statute relating to cable communications
commonly known as the Cable Communications Policy Act of 1984, 47
U.S.C. Section 521 et seq. and the Telecommunications Act of 1996,
or as those statutes may be amended.
(h)Â
"Federal Regulations" shall mean those federal regulations relating
to cable television services, 47 C.F.R. Section 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 C.F.R. Section 76.3), or as such regulations may be
amended.
(i)Â
"Municipality" shall mean the area contained within the present municipal
boundaries of the Township of Vernon in the County of Sussex, and
the State of New Jersey.
(j)Â
"Standard installation" shall mean the installation of drop cable
to a customer's premise 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.
(k)Â
"State" shall mean the State of New Jersey.
(l)Â
"State Regulations" shall mean 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 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 Township having received all comments
regarding the qualifications of the Company to receive this consent,
the Township hereby finds the Company possesses the necessary legal,
technical, character, financial and other qualifications to support
municipal consent, and that the Company's operating and construction
arrangements are adequate and feasible.
The Township hereby grants to the Company a non-exclusive consent
to the issuance of a 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 Municipality, such poles, wires,
cables, underground conduits, manholes, 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 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.
This consent granted herein shall be non-exclusive and shall
be for a term of ten (10) years from the date of issuance of a Certificate
of Approval by the Board.
If the Company 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-16, and
applicable state and federal rules and regulations. In accordance
with N.J.S.A. 48:5A-25.1, both the Township and the Company shall
be bound by the terms of this municipal consent until such time as
the Company converts the municipal consent (and any certificate of
approval) into a system-wide franchise.
The consent granted under this chapter to the Company shall
apply to the entirety of the Municipality and any property hereafter
annexed.
The Company shall be required to proffer video programming service
along any public right-of-way to any person's residence within
the "primary service area," as it exists on the effective date of
any written approval order by the Board of this consent, at the Company's
schedule of rates for standard and nonstandard installation.
Pursuant to the requirements of the Board, as ordered in its
approval of the transfer of the Franchise from SECTV to the Company
(Docket No. CM20030211, effective July 6, 2020), upon request, the
Company shall extend service along any public right of way outside
its primary service area to those residences or small businesses within
the franchise territory which are located in areas that have a residential
home density of twenty-five (25) homes per mile or greater (as measured
from the then existing primary service area), or areas with less than
twenty-five (25) homes per mile where residents and/or small businesses
agree to share the cost of such extension in accordance with the line
extension formula as provided by the Company in its application for
municipal consent.
Pursuant to the terms and conditions of the Cable Television
Act, the Company shall pay to the Township, as an annual franchise
fee, a sum equal to two percent (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 Municipality. In the event applicable law hereinafter permits
a larger franchise fee to be collected, but does not fix the amount
thereof, the Township and the Company shall negotiate in good faith
with respect to the amount thereof; provided, however, that nothing
herein shall be construed to permit the Township to require payment
of a franchise fee by the Company that is higher than the fee paid
by all other cable television service providers offering service in
the Municipality.
The Company may use electronic funds transfer to make any payments
to the Township required under this chapter.
Subject to applicable FCC rules and orders, the Company shall,
upon written request, provide free of charge, standard installation
and monthly cable television reception service to all State or locally
accredited public schools and all municipal public libraries, as well
as municipal buildings located within the Municipality, as follows:
A.Â
One (1) cable connection for the Cedar Mountain Primary School located
at 17 Sammis Road, Vernon, New Jersey.
B.Â
Three (3) cable connections for the Walnut Ridge Elementary School
located at 625 Route 517, Vernon, New Jersey.
C.Â
Three (3) cable connections for the Glen Meadows Middle School located
at 7 Sammis Road, Vernon, New Jersey.
D.Â
Three (3) cable connections for the Lounsberry Hollow School located
at 30 Sammis Road, Vernon, New Jersey.
E.Â
Two (2) cable connections for the Rolling Hills Primary School located
at 60 Sammis Road, Vernon, New Jersey.
F.Â
Three (3) cable connections for the Vernon Township High School located
at 1834 County Road 565, Vernon New Jersey.
G.Â
One (1) cable connection for the Pochuck Valley Fire Department located
at 13 Lake Wallkill Road, Sussex, New Jersey.
H.Â
One (1) cable connection for the Vernon Township Police Department
located at 21 Church Street, Vernon, New Jersey.
I.Â
One (1) cable connection for the Vernon Township Senior Citizen's
Center located at 21 Church Street, Vernon, New Jersey.
J.Â
One (1) cable connection for the Vernon PAL located at 21 Church
Street, Vernon, New Jersey.
K.Â
Two (2) cable connections for the Vernon Township Road Department
located at 21 Church Street, Vernon, New Jersey.
L.Â
One (1) cable connection for the Vernon Municipal Building located
at 21 Church Street, Vernon, New Jersey.
M.Â
One (1) cable connection for the Vernon Township Fire Department
located at 535 Route 515, Vernon, New Jersey.
N.Â
One (1) cable connection for the Highland Lakes Fire Department located
at 813 Canistear Road, Highland Lakes, New Jersey.
O.Â
One (1) cable connection for the McAfee Fire Department located at
88 Route 94, McAfee, New Jersey.
The Company 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 cable plant and
facilities in the Municipality:
(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 Township shall
alter or change the grade of any street, alley or other way or place,
the Company, upon reasonable notice by the Township 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 Township, 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 fourteen (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 Township 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.
The Company shall comply with the technical and customer service
standards established for the cable industry under applicable federal
and State laws, rules and regulations.
The Company 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 Township 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.
The Company 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 Township as an additional insured and
insuring against loss by any such claim, suit, judgment, execution
or demand in the minimum amounts of five-hundred thousand dollars
($500,000.00) for bodily injury or death to one person, and one million
dollars ($1,000,000.00) 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.
The Company shall obtain and maintain, at its sole cost and
expense, during the entire term of this Agreement, a bond to the Township
in the amount of twenty-five thousand dollars ($25,000.00). 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 ten percent (10%) off the monthly broadcast basic level of cable
television service rate to any person sixty-two (62) years of age
or older, who subscribes to cable television services provided by
the Company, subject to the following:
(i)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 sixty-two (62) years of age; and,
(ii)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,
(iii)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,
(iv)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,
C.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 Municipality files, in accordance with N.J.S.A. 48:5A-30(d),
is capable of serving sixty percent (60%) or more of the households
within the Municipality. 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.
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 Township pursuant to state and federal
requirements. The Company shall in no way be held liable for any injury
suffered by the Township or any other person, during an emergency,
if for any reason the Township is unable to make full use of the cable
television system as contemplated herein. The Township shall utilize
the state-approved procedures for such emergency uses.
In the event that the service of another multi-channel video
program provider not subject to the Township's regulatory authority
within the Municipality creates a significant competitive disadvantage
to the Company, the Company shall have the right to request from the
Township lawful amendments to its Franchise that relieve it of 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 Township 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.
If the parties are unable to reach an agreement on appropriate
amendments to the franchise, the Township 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 Township shall be under no obligation to support the
Company's request for such relief from the Board.
In any subsequent municipal consent, Township shall require,
at a minimum, the same terms and conditions of any other provider
of multi-channel video programming subject to the Township'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, Township 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 chapter,
the Company 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 cable services authorized herein,
unless the Company, its affiliated entities or assignees should, within
six (6) 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.
The Company shall continue to make available non-commercial
public, educational and governmental (PEG) access services to the
residents of the Municipality as described in the Application for
municipal consent. All the Company support for PEG access shall be
for the exclusive benefit of the Company's subscribers.
A.Â
Each employee of the Company who routinely comes into contact with
members of the public at their places of residence must wear a picture
identification card clearly indicating his or her employment with
the Company. The photograph on the identification card shall prominently
show the employee's name and/or identification number. Such employee
shall prominently display such identification card and shall show
it to all such members of the public. Each employee of any contractor
or subcontractor of the Company who routinely comes into contact with
members of the public at their places of residence must wear a picture
identification card clearly indicating his or her name, the name of
such contractor or subcontractor and the name of the Company.
B.Â
Notwithstanding any other provision of law regulating door-to-door
solicitation or other sales activities undertaken on public or private
property within the Municipality, including any licensing or permit
obligations required for such activities, the obligations set forth
in this Section 22 of this chapter shall be the sole conditions governing
the authorization and identification required for the entrance onto
public or private property imposed upon Company or its employees,
agents, contractors or subcontractors for the purpose of selling,
marketing or promoting services offered by the Company to residents
of the Municipality.
All of the commitments contained in the Application and any
amendment thereto submitted in writing to the Township by the Company
except as modified herein, are binding upon the Company as terms and
conditions of this consent. The Application and any other written
amendments thereto submitted by the Company in connection with this
consent are incorporated in this chapter by reference and made a part
hereof, except as specifically modified, changed, limited, or altered
by this chapter, 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; as such laws, rules
and regulations may be amended from time to time.
If any section, subsection, sentence, clause, phrase, or portion
of this chapter 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.
Notices required under this chapter shall in writing and shall
be mailed, first class, postage prepaid, to the addresses below. Either
party may change the place where notice is to be given by providing
such change in writing at least thirty (30) days prior to the time
such change becomes effective. The time to respond to notices under
this chapter shall run from receipt of such written notice.
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Notices to the Company shall be mailed to:
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Altice USA,
1 Court Square West, 49th Floor
Long island City, NY 11101
Attention: Senior Vice President for Government
Affairs
With a copy to:
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CSC TKR, LLC
c/o Altice USA
1 Court Square West
Long island City, NY 11101
Attention: Legal Department
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Notices to the Township shall be mailed to:
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Township of Vernon
21 Church Street
Vernon, NJ 07462
Attention: Township Manager
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Notwithstanding anything herein to the contrary, regulatory
notices from Company to the Township which are required pursuant to
State and federal rules and regulations may be served electronically
upon the Township, instead of by first class mail as described above,
to an email address provided by the Township.
This chapter shall take effect upon issuance of a Certificate
of Approval as issued by the Board of Public Utilities that incorporates
the material terms of this chapter. Nothing herein shall alter the
right of the Company to seek modification of this chapter in accordance
with N.J.S.A. 48:5A-47 and N.J.A.C. 14:17-6.7. In accordance with
N.J.S.A. 48:5A-25.1, the terms of this chapter will no longer be in
effect upon The Company converting the municipal consent (and any
certificate of approval) into a system-wide franchise.
