[HISTORY: Adopted by the Township Committee of the Township of Winslow 11-28-79 as Ord. No. 0-30-79 as Ch. 29A of the 1970 Code of the Township of Winslow. Amended 9-28-83 by Ord. No. 0-14-83. Amended in its entirety 6-27-95 by Ord. No. 0-25-95. Further 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 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 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 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 given by the Federal Communications Commission F.C.C. Rules and Regulations 47 C.F.R. Subsection 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:
- ACT OR CABLE TELEVISION ACT
- Chapter 186 of the General Laws of New Jersey, and subsequent amendment thereto, Section 48:5A-1 et seq.
- The grantee of rights under this ordinance and is known as Cable TV Fund 14-A, Ltd, doing business as Jones Intercable, Inc.
- The Municipality of Winslow, County of Camden, State of New Jersey.
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, the municipality hereby finds 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 consent herein granted shall expire ten (10) years from the date of expiration of the previous certificate of approval as issued by the Board of Public Utilities.
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 two percent (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 company shall be required to complete the additional construction within the area described in the application as amended on March 23, 1995. The timetable as presented in the amended application incorporated herein has been determined to be reasonable by the municipality.
The consent granted herein to the company shall apply to the entirety of the Township of Winslow.
The company shall be required to extend the cable television system at its cost to those areas in accordance with and as described in the application, as amended on March 23, 1995. Any additional extension of the system will be made in accordance with the New Jersey Office of Cable Television's line extension policy using a minimum Homes Per Mile of thirty five (35).
Restoration. 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.
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.
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 and paid for not less than forty-eight (48) hours in advance by the party requesting such action, except when requested by the municipality, in which case the company shall bear the cost.
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 the 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 or agent for the purpose of receiving, investigating and resolving all complaints regarding the quality of service, equipment malfunctions and similar matters. Such 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.
The Office of Cable Television is hereby designated as the Complaint Officer for the municipality, pursuant to N.J.S.A. 48:5a-26(b).
All complaints shall be received and processed in accordance with N.J.A.C. 14:17-6.5.
During the life of the franchise the company shall give a bond to the municipality, which bond shall be in the amount of fifty thousand dollars ($50,000.).
Such bond shall be to insure the faithful performance of all undertakings of the company as represented in its application and incorporated herein.
The rates of the company shall be subject to regulation as permitted by Federal and State law.
The company shall provide a channel for governmental and educational access in accordance with and on the timeliness contained in the representations in the company's application as amended. The Township of Winslow shall have exclusive control over and shall direct Winslow's representation on the steering committee. The township shall promulgate rules and regulations which shall establish and govern the procedures and standards for the use of the access channel by the Township of Winslow and any educational institution seeking educational access. In the event any educational institution seeks access time, such acts shall constitute an acceptance of the terms and conditions of this ordinance and the educational institution(s) will thereafter be deemed to agree to such terms and conditions, and will further be deemed to agree to abide by the rules and regulations governing procedures, standards and regulations regarding access as may hereinafter be promulgated by the Township of Winslow.
The company shall provide the free services as described in the application as amended.
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 amounts of three hundred thousand dollars ($300,000.) for bodily injury or death to one (1) person, and five hundred thousand dollars ($500,000.) for bodily injury or death resulting from any one (1) accident, five hundred thousand dollars ($500,000.) for property damage resulting from any one (1) accident and one million dollars ($1,000,000.) for all other types of liability.
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. 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 municipality shall establish reasonable procedures for such emergency uses.
All of the commitments and statements contained in the application and the amendments 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 are incorporated herein in its entirety and made a part hereof 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.