[Adopted 10-13-1997 by Ord. No. 184]
The Borough hereby grants to the Comcast Cablevision of Central Jersey, Inc. renewal of its non-exclusive municipal consent to place in, upon, along, across, above, over and under highways, streets, alleys, sidewalks, easements, public ways and public places in the Borough, poles, wires, cables, underground conduits, manholes and other television conductors, fixtures, apparatus and equipment as may be necessary for the construction, operation and maintenance in the Borough of Roosevelt a cable television and communications system.
For the purpose of this chapter, 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 of the Federal Communications Commission ("FCC") rules and regulations 47 C.F.R. Subsection 76.1 et seq. and the Cable Commissions Policy Act 47 U.S.C. Section 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 the Federal or State definitions:
MUNICIPALITY OR BOROUGH - Shall mean the Borough of Roosevelt, County of Monmouth, State of New Jersey.
COMPANY - Shall mean the grantee of rights under this chapter and is known as Comcast Cablevision of Central New Jersey, Inc.
ACT OR CABLE TELEVISION ACT - Shall mean Chapter 186 of the General Laws of New Jersey, and subsequent amendments thereto, Section 48:5A-1 et seq.
FCC - Shall mean the Federal Communications Commission.
BOARD OR BPU - Shall mean the Board of Public Utilities, State of New Jersey.
OFFICE - Shall mean the Office of Cable Television (OCTV) of the Board of Public Utilities.
BASIC CABLE SERVICE - Shall mean any service tier which includes the retransmission of local television broadcast signals as defined by the FCC.
Public hearings conducted by the Borough, concerning the renewal of municipal consent hereby granted to the company were held after proper public notice pursuant to the terms and conditions of the Act and the regulations of the Board adopted pursuant thereto. Said hearings, including the hearing on the application held on August 11, 1997, having been fully open to the public and the Borough having received at said public hearings all comments regarding the qualifications of the company to receive this renewal of municipal consent, the Borough 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 non-exclusive consent granted herein shall expire 15 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 Borough 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 Borough or any higher amount permitted by the Cable Television Act or otherwise allowable by law, whichever is greater.
The consent granted under this chapter to the renewal of the franchise shall apply to the entirety of the Borough and any property subsequently annexed hereto.
Comcast shall be required proffer service along any public right-of-way to any person's residence or business located in all areas of the franchise territory as described herein, at tariffed rates for standard and non-standard installations. The company believes that service has been extended to all areas of the Borough.
Restoration. In the event that company or its agents shall disturb any pavement, street surfaces, sidewalks, driveways, or other surface in the natural topography, the company shall, at its sole expense, restore or replace such places or things so disturbed in as good condition as existed prior to commencement of said work.
Relocation. If at any time during the period of this consent, the Borough 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, re-lay or relocate its equipment, at the expense of the company.
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 other public places of the municipality so as to prevent the branches of such trees from coming in contact with the wires and cable of the company. Such trimming shall be only to the extent necessary to maintain proper clearance for the company's wires and cables.
In providing services to its customers Comcast shall comply with N.J.A.C. 14:18 and all applicable State and Federal statutes and regulations. Comcast shall strive to meet or exceed all voluntary company and industry standards in the delivery of customer service and shall be prepared to report on same to the community upon written request of the Borough Administrator or Borough Clerk.
The Office of Cable Television is hereby designated as the complaint officer for the Borough of Roosevelt 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. The Borough shall have the right to request copies of records and reports pertaining to complaints by Borough customers from the OCTV.
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. Telephone response for such purposes as mentioned herein will be provided by company's employees, representative or agents 24 hours per day. The telephone number and address of the local office shall be listed in applicable telephone directories and in correspondence from the company to the customer. The telephone number and address for the local office shall utilize an exchange which is a non-toll call for Borough residents.
During the life of the franchise the company shall give to the municipality a bond in the amount of $25,000. Such bond shall be to insure the faithful performance of all undertakings of the company as represented in its application for municipal consent incorporated herein.
The rates of the company shall be subject to regulation as permitted by Federal and State law.
The company shall continue to provide one dedicated Public, Educational and Governmental (P.E.G.) Access Channel ("Access Channel") to be shared by the Borough of Roosevelt and the other municipalities served by the system.
The company shall provide the Borough with a one-time grant in the amount of $5,000 within 12 months of receipt of a Renewal COA for the purchase of video production or computer equipment or to be otherwise used as the Borough deems appropriate.
The company shall continue to, upon reasonable request, conduct training sessions in basic television production for interested groups and individuals in the Borough.
The company shall provide free standard installation and expanded basic service monthly on 10 outlets in each school in the Borough, public and private, elementary, intermediate and secondary. Each additional outlet installed, if any, shall be paid for by the school requesting service on a materials plus labor basis. Monthly service charges shall be billed at the regular tariffed rates for additional outlets.
The company shall provide free standard installation and expanded basic service monthly on one outlet to each police, fire, first aid, emergency management facility, public library in the Borough as well as Borough Hall at no charge. Each additional outlet installed, if any, shall be paid for by the Borough on a material plus labor basis. Monthly service charges shall be billed at the regular tariffed rates for additional outlets.
Company representatives shall appear at least once annually, upon written request of the Borough, at a public meeting of the Governing Body, to discuss matters pertaining to the provision of cable service to residents of the Borough and other related issues that the Borough and company may see fit.
The company shall make every effort to deploy advanced technology in the Borough as the technology becomes commercially available and economically feasible. That technology shall include but not be limited to: video on demand; digital video compression; Internet access, high speed cable modems, and interactive program guides.
In the event that the Borough determines that it is necessary and feasible for it to contract with the company for the purpose of providing two-way or interconnection services, the company shall be required to apply to the BPU for approval to enter into and establish the terms and conditions of such contract. All costs for such application to the BPU shall be borne by the Borough.
Upon activation of the State's Emergency Alert System ("EAS"), the company shall be required to have the capability to override at the head end a portion of the system in order to permit the cablecasting of emergency messages. The company's participation in the EAS shall be in compliance with applicable State and Federal statutes and regulations. 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 Borough is unable to make full use of the cable television system as contemplated herein. The Borough, along with the company, shall establish reasonable procedures for such emergency uses.
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 $1,000,000 for bodily injury or death to one person, and $100,000 for property damage resulting from one accident.
All of the commitments and statements contained in the application and any amendment thereto submitted in writing to the Borough 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 chapter is for any reason held invalid or unconstitutional by any Court or Federal or State Agency of competent jurisdiction, such portion shall be deemed as separate, distinct and independent provision, and its invalidity or unconstitutionality shall not affect the validity of the remaining portions of the chapter.
This chapter shall take effect immediately upon issuance of a renewal certificate of Approval from the BPU.