[Editor's Note: Prior ordinance history includes
portions of Ordinance No. 92:11]
[Ord. No. 2001:16 § 1]
For the purpose of this ordinance the following terms shall
have the following meanings:
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.
Shall mean Cablevision's application for Renewal of
Municipal Consent, which application is on file in the Borough Clerk's
office and is incorporated herein by reference and made a part hereof,
except as modified, changed, limited or altered by this ordinance.
Shall mean the Board of Public Utilities of the State of
New Jersey or its successor agency.
Shall mean the Governing Body of the Borough of New Milford
in the County of Bergen, and the State of New Jersey.
Shall mean Cablevision of Hamilton, Inc. ("Cablevision"),
the grantee of rights under this ordinance.
Shall mean the Federal Communications Commission.
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.
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.
Shall mean the State of New Jersey.
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.
[Ord. No. 2001:16 § 2]
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 Borough 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.
[Ord. No. 2001:16 § 3]
The Borough 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 Borough of a cable television system,
and for the provision of any communication service over the 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.
[Ord. No. 2001:16 § 4]
The consent granted herein shall be nonexclusive and shall be
for a term of 10 years from the date of issuance of a Certificate
of Approval by the Board.
[Ord. No. 2001:16 § 5]
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- 16 and
applicable State and Federal rules and regulations. The Company shall
also petition the Board for approval 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 Borough and the
Board relative to the renewal of said consent.
[Ord. No. 2001:16 § 6]
The consent granted under this ordinance to Cablevision shall
apply to the entirety of the Borough and any property hereafter annexed.
[Ord. No. 2001:16 § 7]
Cablevision shall be required to proffer video programming service
along any public right-of-way to any person's residence within
the portion of the franchise territory, as described in the Application
for Municipal Consent, at tariffed rates for standard and nonstandard
installation.
Cablevision shall extend service along any public right-of-way
outside its service area to those residences within the franchise
territory which are located in areas that have a residential density
of 25 homes per mile or greater, or areas with less than 25 homes
per mile where residents agree to share the costs of such extension
in accordance with the line extension formula as provided by the Company
in its Application for Municipal Consent.
[Ord. No. 2001:16 § 8]
Pursuant to the terms and conditions of the Cable Television
Act, Cablevision shall pay to the Borough, 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 Borough. In the
event applicable law hereinafter permits a larger franchise fee to
be collected, but does not fix the amount thereof, the Borough and
Cablevision shall negotiate in good faith with respect to the amount
thereof.
[Ord. No. 2001:16 § 9]
Cablevision shall provide, free of charge, one standard installation
and monthly cable television reception service to all State or locally
accredited public and private schools and all public libraries, as
well as municipal buildings located within the Borough as listed in
Exhibit A.[1]
a.
As high speed Internet access via cable modem service has become
commercially available to residential customers within the Borough
from Cablevision, the Company shall provide, free of charge, one high
speed cable modem and monthly Internet access service, including a
standard installation, to each State accredited public and private
school within the Borough.
b.
As high speed Internet access via cable modem service has become
commercially available to residential customers within the Borough
from Cablevision, the Company shall provide, free of charge, one high
speed cable modem and monthly Internet access service, including a
standard installation, to Borough Hall (the "designated building").
The Borough shall be permitted at its own cost, to network up to three
additional personal computer terminals in the designated building
(four computers in total) to the cable modem provided by the Company.
c.
As high speed Internet access via cable modem service has become
commercially available to residential customers within the Borough
from Cablevision, the Company shall provide, free of charge, one high
speed cable modem and monthly Internet access service, including a
standard installation, to the municipal public library in the Borough.
The cable modem provided by the Company may be networked to an additional
24 computer terminals at such public library; however, the costs,
including the cost of the router that would be required to network
these additional computers, will be borne by the Borough. The router,
if purchased from the Company, shall be at a cost not to exceed $2,000.
Alternatively, the Borough may elect not to purchase the router, and
instead, at its own cost, network the cable modem to three additional
personal computer terminals (four computers in total) in the Borough
library.
[1]
Editor's Note: Exhibit A may be found on file in the
office of the Borough Clerk attached to Ordinance No. 2001:16.
[Ord. No. 2001:16 § 10]
Cablevision shall perform construction and installation of its
plant and facilities in accordance with applicable State and Federal
law and generally applicable Borough ordinances. The Company shall
be subject to the following additional construction requirements with
respect to the installation of its plant and facilities in the Borough:
a.
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 the
work.
b.
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 Borough, shall
remove or relocate its equipment at its own expense.
c.
Upon request of a person holding a building or moving permit issued
by the Borough, 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 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.
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 Borough 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.
[Ord. No. 2001:16 § 11]
Cablevision shall comply with the technical and customer service
standards established for the cable industry under applicable Federal
and State laws, rules and regulations.
[Ord. No. 2001:16 § 12]
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.
[Ord. No. 2001:16 § 13]
The Office of Cable Television is hereby designated as the complaint
officer for the Borough pursuant to the provisions of N.J.S.A. 48:5A-26
and any complaints by local subscribers to cable television reception
or service shall be filed directly with said office. All complaints
shall be reviewed and processed in accordance with N.J.A.C. 14:17-6.5.
[Ord. No. 2001:16 § 14]
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 Borough 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 one million ($1,000,000.00) dollars 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 bold the Borough of New Milford harmless from liability
arising out of Cablevision's construction and/or operation of
its cable and cable system from any claim made by any third party
for injury to person, property or tangible right, except for programming
provided by the Borough and the negligent or willful acts of the Borough
and its officers, agents and employees.
[Ord. No. 2001:16 § 15]
Upon the effective date of this Franchise, Cablevision shall
obtain and maintain, at its sole cost and expense, during the entire
term of this Agreement, a bond to the Borough in the amount of $25,000.
Such bond shall be to insure the faithful performance of its obligations
as provided in this Franchise.
[Ord. No. 2001:16 § 16]
The rates of the Company shall be subject to regulation as permitted
by Federal and State law.
[Ord. No. 2001:16 § 17]
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 Borough pursuant to State and Federal
requirements. The Company shall in no way be held liable for any injury
suffered by the Borough 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 Borough shall
utilize the State-approved procedures for such emergency uses.
[Ord. No. 2001:16 § 18]
a.
In the event that the Borough 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.
In the event that a nonfranchised multi-channel video programmer
provides service to residents of the Borough, 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 be amended
or repealed in order to eliminate the competitive disadvantage. The
Borough 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.
[Ord. No. 2001:16 § 19]
Upon expiration, termination or revocation of this ordinance,
Cablevision at its sole cost and expense and upon direction of the
Board of Public Utilities, 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.
[Ord. No. 2001:16 § 20]
All of the commitments contained in the Application and any
amendment thereto submitted in writing to the Borough by the Company
except as modified herein, are binding upon Cablevision as terms and
conditions of this consent. The Application and any other writings
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.
[Ord. No. 2001:16 § 21]
This consent shall be construed in a manner consistent with
all applicable Federal, State and local laws.
[Ord. No. 2001:16 § 22]
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.
[Ord. No. 2001:16 § 23]
This ordinance shall take effect upon issuance of a Certificate
of Approval as issued by the Board of Public Utilities.
