[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:
a.
MUNICIPALITY OR BOROUGH - Shall mean the Borough of Roosevelt, County
of Monmouth, State of New Jersey.
b.
COMPANY - Shall mean the grantee of rights under this chapter and
is known as Comcast Cablevision of Central New Jersey, Inc.
c.
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.
d.
FCC - Shall mean the Federal Communications Commission.
e.
BOARD OR BPU - Shall mean the Board of Public Utilities, State of
New Jersey.
f.
OFFICE - Shall mean the Office of Cable Television (OCTV) of the
Board of Public Utilities.
g.
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.
a.
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.
b.
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.
c.
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.
a.
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.
b.
The company shall continue to, upon reasonable request, conduct training
sessions in basic television production for interested groups and
individuals in the Borough.
a.
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.
b.
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.
c.
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.
d.
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.
