[Editor's Note: Prior ordinance history includes
portions of Ordinance Nos. 89-3 and 01-12.]
[Ord. No. 10-14, § 1]
For the purpose of this Ordinance the terms defined above shall
have the meanings there indicated, and the following additional 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 Township 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 Cablevision of Monmouth, LLC, ("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 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.
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.
Shall mean the governing body of the Township of Millstone
in the County of Monmouth, and the State of New Jersey.
[Ord. No. 10-14, § 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 Township 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. 10-14, § 3]
The Township 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 Township of a cable television system
or other communications facility, and for the provision of any communication
service over such facilities 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. 10-14, § 4]
This consent granted herein shall be nonexclusive and shall
be for a term of 15 years from the date of issuance of a certificate
of approval by the Board.
[Ord. No. 10-14, § 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 Township and
the Board relative to the renewal of said consent.
[Ord. No. 10-14, § 6]
The consent granted under this Ordinance to Cablevision shall
apply to the entirety of the Township and any property hereafter annexed.
[Ord. No. 10-14, § 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.
[Ord. No. 10-14, § 8]
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.
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Office of Cable Television Line Extension Policy
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Company Municipality Cablevision of Monmouth
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A cable operator is required to absorb the cost of extensions
to the system in the same proportion that the extension is to the
remainder of the system.
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Actual subscribers served by the extension are required to absorb
the remainder of the cost.
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If new subscribers are added to the extension the cost is adjusted
and those who previously paid receive an appropriate rebate.
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1.
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# of homes in extension
Mileage of extension
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=
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Homes per mile (HPM) of extension
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2.
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HPM of extension
Minimum HPM that company actually constructs in the system*
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=
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Ratio of the density or "A" of the extension to the minimum
density which the company constructs in the system
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3.
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Total cost of building the extension times "A"
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=
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Company's share of extension cost
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4.
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Total cost of building extension less company's share of
extension cost
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=
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Total amount to be recovered from subscribers
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5.
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Total amount to be recovered from subs
Total subscribers in extension
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=
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Each subscriber's share
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In any case, the company shall extend its plant along public
rights-of-way to:
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1. All residences and businesses within 150 aerial
feet of the operator's existing plant at no cost beyond the normal
installation rate.
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2. All residences and businesses within 100 underground
feet of the operator's plant at no cost beyond the normal installation
rate.
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*The minimum HPM that the company actually constructs in the
system or municipality is the minimum number of homes which the company
has historically constructed at its own cost. This is a function of
the operator's break even point and its rate of return. Unbuilt
systems will use the primary service area rather than construction.
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The operator's installation policies shall apply to construction
beyond the public right-of-way.
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Detailed accounting and/or financial information to support
the minimum HPM shall be supplied to the Office for its approval in
such form as required. The minimum HPM shall be updated as appropriate.
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When a request for service is received, and unless good cause
is shown, cable companies shall:
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1. Provide a written estimate within 30 days of
such a request.
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2. Begin construction within 60 days of receipt
of any deposit monies from potential subscribers.
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3. Complete construction within six months of receipt
of any deposit monies from potential subscribers.
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4. Inform each home passed along the extension of
the potential costs for subscribers.
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Subscribers who pay for an extension shall be entitled to rebates
in the following manner:
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1. If the company acquires new subscribers subsequent
to the initial calculation of step 5 above, the formula will be adjusted
and those who have previously paid for the extension will be entitled
to an appropriate rebate. In no event shall the amount of the rebate
exceed the subscriber's contribution.
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2. The company shall keep accurate records of the
cost of the extension, the amounts paid by subscribers and any appropriate
adjustments.
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3. The company shall notify subscribers in the extension
of their rights and responsibilities concerning the extension.
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4. Once an individual dwelling has paid its share
of the extension cost future reconnections or installations shall
be made at the company's standard rates.
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5. After a period of five years from the installation
of the first dwelling unit in the extension no further adjustments
shall be made. Installations after five years shall be at the company's
standard rate.
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6. Once a subscriber is installed, that person shall
not normally be entitled to a refund of any monies paid for the installations,
except in accordance with the rebate procedure outlined in this policy.
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Definitions:
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PRIMARY SERVICE AREA – The Primary Service Area (PSA)
can be an entire municipality but in many instances the PSA is a limited
area within a community outside of which a line extension policy may
apply. The PSA is depicted by a franchise map and narrative, presented
and recorded during the franchise proceedings. It normally remains
a fixed geographic area throughout the life of the franchise.
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LINE EXTENSION SURVEY – Potential subscribers residing
outside the PSA who request service are entitled to an estimate of
their share of the cost to secure service. When conducting a survey
and estimating costs, a cable company should factor-in all potential
subscribers who could practicably be included in the extension and
give consideration to apparent residential construction in areas contiguous
to the proposed extension.
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[Ord. No. 10-14, § 9]
Pursuant to the terms and conditions of the Cable Television
Act, Cablevision shall pay to the Township, 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 Township. In the
event applicable law hereinafter permits a larger franchise fee to
be collected, but does not fix the amount thereof, the Township and
Cablevision 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 Cablevision
that is higher than the fee paid by all other cable television service
providers offering service in the Municipality.
[Ord. No. 10-14, § 10]
Cablevision shall, upon written request, provide free of charge,
one standard installation and monthly cable service to all State or
locally accredited public schools and all municipal public libraries,
as well as existing and future municipal buildings located within
the Township and used for municipal governmental purposes.
Upon written request from the municipality, Cablevision shall
provide, without charge, basic cable modem service to State and local
accredited elementary and secondary schools and municipal public libraries
in the municipality as follows: (1) one standard installation per
school or library campus; (2) one cable modem per installation; (3)
cable modem service the term of this agreement for each installation;
(4) subject to the terms, conditions and use policies of the provider
of the cable modem service as those policies may exist from time to
time.
Upon written request from the municipality, Cablevision shall
provide, without charge, basic cable modem service to the Township
municipal building as further follows: (1) one standard installation
per school or library campus; (2) one cable modem per installation;
(3) cable modem service the term of this agreement for each installation;
(4) subject to the terms, conditions and use policies of the provider
of the cable modem service as those policies may exist from time to
time.
[Ord. No. 10-14, § 11]
Cablevision 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 Township:
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 said 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 Township 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 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 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 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.
[Ord. No. 10-14, § 12]
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. 10-14, § 13]
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. 10-14, § 14]
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.
[Ord. No. 10-14, § 15]
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 Township 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 $1,000,000 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.
[Ord. No. 10-14, § 16]
Cablevision shall obtain and maintain, at its sole cost and
expense, during the entire term of this Agreement, a bond to the municipality
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. 10-14, § 17]
a.
The rates of the Company for cable television services shall be subject
to regulation to the extent permitted by Federal and State law.
b.
Cablevision shall implement a senior citizen discount in the amount
of 10% off the monthly rate of the broadcast basic level of cable
television reception service to any person 62 years of age or older
who subscribes to the Company's cable television service, subject
to the following:
1.
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 62 years of age; and
2.
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
3.
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
4.
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
5.
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 Township files, in accordance with N.J.S.A. 48:5A-30(d),
is capable of serving 60% or more of the households within the Township.
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.
[Ord. No. 10-14, § 18]
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 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 municipality 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.
[Ord. No. 10-14, § 19]
In the event that the service of another multi-channel video
program provider not subject to the Township's regulatory authority
within the Township creates a significant competitive disadvantage
to Cablevision, 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 Cablevision's
request for such relief from the Board.
In any subsequent municipal consent, the 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, 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 to relieve
the Company of competitive disadvantages identified in the Company's
petition.
[Ord. No. 10-14, § 20]
Upon expiration, termination or revocation of this Ordinance,
Cablevision 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 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. 10-14, § 21]
a.
Cablevision shall continue to make available non-commercial public,
educational and governmental (PEG) access services available to the
residents of the Township as described in the Application for municipal
consent. All Cablevision support for PEG access shall be for the exclusive
benefit of Cablevision's subscribers.
b.
The Township agrees that Cablevision shall retain the right to use
the PEG access channel, or portion thereof, for non-PEG access programming,
during times when the Township is not utilizing the channel for purposes
of providing PEG access programming. In the event that the Company
uses said PEG access channel for the presentation of such other programming,
the PEG programming shall remain the priority use and the Company's
rights with respect to using the channel for non-PEG programming shall
be subordinate to the Township's provision of PEG access programming
on such channel.
c.
Cablevision shall continue to provide and maintain the access return line at 215 Millstone Road, for use by the Township in the production of noncommercial educational and governmental access programming on the cable system. Cablevision shall have discretion to determine the format and method of transmission of the PEG access programming provided for in this section 24-21.
d.
In consideration for the rights granted in this Ordinance, the Company
shall provide the Township with an initial grant in the amount of
$4,800. Such amount shall be paid to the Township within 60 days following
the receipt of a certified copy of the adoption of this consent ordinance
and its acceptance by the Company, or within 30 days of the grant
of the certificate from the Board, whichever comes first. In addition,
beginning in the second year of the municipal consent and annually
thereafter through the fifteen-year term of the franchise, Cablevision
shall, upon written request pay a grant to the Township in the amount
of $1,428 in each of the following years of the term of the Ordinance
(the "Annual Grant"). The Annual Grant may be used by the Township
for any cable and/or other telecommunications related purpose as the
Township, in its discretion, may deem appropriate. Cablevision shall
not be obligated to make any additional payments beyond year 15 of
the franchise. The Annual Grant shall be payable to the Township within
60 days from receipt of the Township's written request. Notwithstanding
the foregoing, should Cablevision apply for a system-wide certification
or otherwise convert its municipal consent to a system-wide certification
in accordance with applicable law, it shall be relieved of any payments
due and owing after the date of such conversion or award of a system-wide
franchise.
e.
The Township agrees that all amounts provided pursuant to paragraph c shall be used for the exclusive support of PEG access programming, such as the purchase and/or rental of PEG access equipment and facilities. On request, the Township shall provide Cablevision with a certification of compliance with Section 24-21d.
f.
The Company shall have no further obligation to provide any PEG grant
payments due and payable after the date upon which (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) Board approval of a
certification of another cable television service provider offering
services to residents of the Township files, in accordance with N.J.S.A.
48:5A-30(d), that the provider is capable of serving 60% or more of
the households within the Township.
[Ord. No. 10-14, § 22]
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 Cablevision as terms and
conditions of this consent. The application and any other written
amendments thereto 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. 10-14, § 23]
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.
[Ord. No. 10-14, § 24]
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. 10-14, § 25]
Notices required under this Ordinance 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 30 days prior to the time such change
becomes effective. The time to respond to notices under this Ordinance
shall run from receipt of such written notice.
a.
Notices to the franchisee shall be mailed to:
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Cablevision Systems Corporation
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638 Route 10
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Randolph, NJ 07869
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Attention: Vice President for Government/Public
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Affairs, New Jersey
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With a copy to:
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Cablevision of Monmouth
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1111 Stewart Avenue
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Bethpage, NY 11714
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Attention: Legal Department
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b.
Notices to the Township:
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Township of Millstone
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470 Stagecoach Road
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Millstone, NJ 08510
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Attention: Township Municipal Clerk
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[Ord. No. 10-14, § 26]
This Ordinance shall take effect upon issuance of a certificate
of approval as issued by the Board of Public Utilities.
