[HISTORY: Adopted by the Township Committee of the Township
of West Deptford 8-16-1979 by Ord.
No. 79-18. Amendments noted where applicable.]
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 of the Federal Communications Commission, FCC Rules and Regulations, Section 76-5, 47 CFR 420 (March 1972), as amended, and the Cable Television Act, N.J.S.A. 48:5A-1 et seq., and in no way shall be construed to broaden, alter or conflict with the federal or state definitions.
Chapter 186 of the General Laws of New Jersey, 1972, N.J.S.A.
48:5A-1 et seq.
The Board of Public Utilities.
The grantee of rights under this ordinance and known as "Gloucester
County CATV Associates," a limited partnership.
The Township of West Deptford, in the County of Gloucester
and State of New Jersey.
The Office of Cable Television within the Department of Energy.
The municipality hereby grants to the company a nonexclusive
franchise 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, underground conduits, manholes
and other television conductors and fixtures necessary for the maintenance
and operation in the municipality of a cable television system and
cable communications system.
A public hearing concerning the franchise herein granted to
the company was held after the proper required public notice pursuant
to the terms and conditions of the Act. Said hearing having been held
as above stated and said hearing having been fully open to the public
and having received all of the information provided by all of the
applicants, and the municipality having received at the hearing comments
regarding the qualifications of the company to receive this franchise,
the municipality 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.
A.Â
Term. The consent herein granted in § A203-2 shall expire 15 years from the effective date of this ordinance.
B.Â
Renewal.
(1)Â
The consent herein granted shall be subject to renewal for a period
of 10 years only after review of the performance of the company and
the adequacy of the terms of the consent herein granted in a full
public proceeding.
(2)Â
The company shall be required to petition the Board for a certificate
of approval authorizing continued operating during the period following
expiration of the consent granted herein until such time as a decision
is made by the municipal governing body relative to the renewal of
said contract. Such petition shall be filed at least 60 days prior
to the expiration of the consent granted herein.
Pursuant to the terms and conditions of the Act, the company
shall, during each year of operations under the consent granted herein,
pay to the municipality 2% of the gross revenues from all recurring
charges received by the company from subscribers to its cable television
reception service in the municipality.
The consent herein granted to the company shall apply to the
entirety of the municipality and any portions which may be hereinafter
annexed thereto.
The company shall complete construction within one year of the
date upon which it receives a certificate of approval from the Board
and has filed a registration statement with the FCC. The construction
shall commence within 90 days after receipt of said certificate of
approval from the Board and the filing of said registration statement
with the FCC. All applications shall be promptly filed with all of
the required agencies, and proof of such applications shall be filed
with the municipality from time to time to reflect the progress being
made.
A.Â
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 such work.
B.Â
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, at its own expense, remove, relay and relocate
its equipment.
C.Â
Temporary removal of cables. The company shall, upon request of the
municipality and at the company's expense, temporarily raise, lower
or remove its lines in order to facilitate the moving of buildings
or machinery or in other like circumstances. Whenever the request
for removal is made by private parties, the cost will be borne by
those same parties.
D.Â
Removal or trimming of trees. During the exercise of its rights and
privileges upon this franchise, the company shall have the authority
to trim trees upon and 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 wires and cables.
The company shall be required to proffer service to any person's
residence or business located in the municipality in accordance with
the proposal for the provision of services as described in the application.
Any additional extension of the system which is necessary in the future
but not contemplated in the application shall be made in accordance
with the Board's line extension policy now or hereafter promulgated.
During the term of this franchise and any renewal thereof, the
company shall maintain a local business office 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,
except holidays.
The Office of Cable Television is hereby designated as the complaint
officer for the Township of West Deptford pursuant to the provisions
of N.J.S.A. 48:5A-26B. All complaints shall be received and processed
in accordance with N.J.A.C. 14:17-7.1, as may be amended and supplemented
from time to time.
The company shall post a bond, which shall remain in effect
for the life of the franchise, in the amount of $25,000.
A.Â
The municipality, having determined that the rates proposed in the
application for cable television reception service are reasonable,
hereby approves them as presented. The company has represented to
the municipality that it shall not apply for an increase in said rates
for two years from the date of construction completion within the
municipality.
B.Â
In the event that there shall be the passage of any law permitting
preferred rates for senior citizens, such preferred rates shall be
made available to the senior citizens of the municipality.
The company shall be required to have the capability to override
at the head end the audio portion of the system in order to permit
the broadcasting of emergency messages which may be required by the
municipality.
In the event that the municipality determines that it is necessary
and feasible for it to contract with the company for the purposes
of providing interconnection services, the company shall be required
to apply to the Board for approval to enter into and establish the
terms and conditions of such contract. All costs for such application
to the Board shall be borne by the municipality. Any such interconnection
shall be done in accordance with prior FCC authorization and in accordance
with Paragraph 22 of the Clarification of Rules, FCC 74384, 46 FCC
2d 175 (1974), and FCC Rules and Regulations, 5576, 252(a)(2) and
5576 252, 41 Fed. Reg. 20665 (June 30, 1976).
A.Â
In the event that the municipality determines that it is necessary
and feasible for it to contract with the company for the purpose of
providing two-way service, and except to the extent state regulation
is preempted by the Federal Communications Commission, the company
shall be required to apply to the Board for approval to enter into
and establish the terms and conditions of such contract.
B.Â
All costs for such application shall be borne by the contractee.
The municipality and the company acknowledge that state regulation
of two-way cable television services has been preempted by the Federal
Communications Commission, with the exception of state regulation
of point-to-point intrastate nonvideo transmission.
In the event that the municipality determines that it is necessary
and feasible for it to contract with the company for the purpose of
providing other specialized services, then the company shall be required
to apply to the Board and the FCC for approval to enter into and establish
the terms and conditions of such contract. All costs for such application
to the Board and the FCC shall be borne by the contractee.
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 Township of West Deptford
as an insured and insuring against loss by any such claim, suit, judgment,
execution or demand in the minimum amounts of $150,000 per person
for any one claim and $500,000 as to any accident or occurrence, and
in the minimum amount of $100,000 for property damage as to any one
accident or occurrence. There shall be no limit on the total number
of accidents or occurrences set forth in the policy, which shall be
filed with the Clerk of the municipality and shall be approved before
filing by the Solicitor of the municipality.
All of the minutes taken in connection with this application,
and all of the correspondence submitted in connection therewith, and
all of the written commitments contained in the written application
and all of the oral commitments made at the public hearing, except
as modified herein, are to be considered to be binding upon the company
as the terms and conditions of this consent, and that application
shall be annexed hereto and made a part hereof by reference, provided
that any provisions of the application in conflict with the provisions
of the Cable Television Act, N.J.S.A. 48:5A-1 et seq., and/or FCC
Rules and Regulations 5576.1 et seq. (1973), as amended and as clarified,
FCC Clarification of Rules 37 Fed. Reg. 14288 through 14300 (April
1974), shall not be construed as effective under the terms of this
grant, and such provisions in the application which exceed the FCC
Rules and Regulations are considered unenforceable.
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.
It is understood that should any state or federal agency or
body modify, change or alter any of its provisions with respect to
cable television generally, such modification, changes or alterations
shall be incorporated into this consent consistent with the applicable
dates specified in the change.
This municipal consent shall become effective as of the date
upon which the municipality has received written notification that
the company accepts the terms and conditions herein.
