[Ord. #2004-50]
The Borough of Union Beach, hereinafter referred as the borough
or the municipality, has determined that CSC TKR, Inc., d/b/a Cablevision
of Raritan Valley, hereinafter referred to as the company or Cablevision,
has the technical competence and general fitness to operate a cable
system in the borough. The borough by prior ordinance granted its
municipal consent for Cablevision to obtain a nonexclusive franchise
for the placement of facilities and the establishment of a cable television
system in the borough. Cablevision filed an application for renewal
of this franchise with the borough and the Office of Cable Television
on or about February 2, 2004.
The borough has held public hearings and has made due inquiry
to review Cablevision's performance under the franchise, and
to identify the borough's future cable related needs and interests,
and has concluded that Cablevision has substantially complied with
its obligations and committed to certain undertakings responsive to
the borough's future cable related needs and interests.
The mayor and council of the borough hereby renews its non-exclusive
consent to renewal of the franchise to Cablevision subject to the
requirements set forth herein.
[Ord. #2004-50]
For the purpose of this chapter, the following terms, phrases,
words and their derivations shall have the meaning given herein. These
definitions shall in no way be construed to broaden, alter or conflict
with the federal or state definitions:
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 on file in the office of the borough clerk and which
is incorporated herein by reference and made a part hereof, except
as modified, changed, limited or altered by this section.
Shall mean the Board of Public Utilities of the State of
New Jersey or its successor agency.
Shall mean the Borough of Union Beach, County of Monmouth
in the State of New Jersey, when used as a territorial designation,
or its mayor and council when used as a governmental designation.
Shall mean CSC TKR, Inc. d/b/a Cablevision of Raritan Valley
(cablevision), the grantee of rights under this chapter.
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., § 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., § 76.1, et seq., (and, to the extent
applicable, any federal rules and regulations relating to cable television,
including, but not limited to, those described in 47 C.F.R. § 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, N.J.A.C. 14:17-1.1, et seq., N.J.A.C. 14:18-1.1,
et seq., or as such regulations may be amended.
[Ord. #2004-50]
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 as above stated and said
hearing having been fully open to the public, and the municipality
having received all comments regarding the qualifications of Cablevision
to receive this consent, the municipality hereby finds the company
possesses the necessary legal, technical, character, financial and
other qualifications and that Cablevision's operating and construction
arrangements are adequate and feasible.
Prior to the renewal of consent to this franchise the municipal
clerk was directed by the mayor and council to contact another local
cable provider to inquire whether there was any interest in providing
cable service within the municipality. There was no such interest
and no other bids for this franchise have been received by the municipality.
[Ord. #2004-50]
The mayor and council of the borough hereby renews its grant
of nonexclusive consent to Cablevision to place in, upon, along, across,
above, over and under the highways, streets, alleys, sidewalks, public
ways and public places in the borough, poles, wires, cables, underground
conduits, and other fixtures necessary for the maintenance and operation
in the Borough of a cable television system, and for the provision
of any communication service over such 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. #2004-50]
The consent granted herein shall be nonexclusive and shall be
for a term of 10 years from the date of the issuance of a certificate
of approval by the board of public utilities.
[Ord. #2004-50]
If Cablevision seeks a renewal of the consent provided herein,
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 relative
to the renewal of said consent.
[Ord. #2004-50]
The consent granted by this chapter to Cablevision shall apply
to the entirety of the borough and any property hereafter annexed
thereto.
[Ord. #2004-50]
Cablevision shall be required to proffer video programming service
along any public right-of-way to any person's residence located
in the franchise territory at tariffed rates for standard and nonstandard
installation.
[Ord. #2004-50]
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 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. #2004-50]
The cable company shall provide the standard installation of
one outlet and basic monthly cable television service to each elementary
and secondary school and/or municipal public library in the municipality,
to the offices of the borough clerk, the borough finance office and
the borough tax collector in the Borough Hall, and to the senior citizen
room in Borough Hall, or any succeeding municipal senior citizen center,
free of charge. Each additional outlet installation shall be paid
for by the institution on materials plus labor basis. Monthly cable
television service on such additional outlets shall be charged at
the regular tariffed rates for additional outlets.
[Ord. #2004-50]
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 plant and facilities
in the Borough:
a.
Restoration. 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 condition as existed prior to the commencement of said
work, as determined by the borough's engineer under the borough's
generally applicable laws, rules and regulations.
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 and relocate its equipment, at the expense of
the company.
c.
Temporary Removal of Cables. Upon the request of a person to whom
the borough has issued building or other permit the company shall
temporarily move or remove appropriate parts of its facilities to
allow for the moving or erection of buildings and machinery, or in
other similar circumstances. The expense of any such temporary removal
or relocation shall be paid in advance to the company by the party
requesting such action, except when requested by the borough, in which
case the company shall bear the cost. The company shall be given not
less than 14 days' prior written notice in order to arrange for
the changes required, except in the case of an emergency, which shall
be determined by the appropriate official of the borough or other
governmental entity.
d.
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
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. #2004-50]
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. #2004-50]
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 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. - 5:00 p.m., Monday through Friday,
with the exception of holidays.
[Ord. #2004-50]
The office of cable television is hereby designated as the complaint
officer for Union Beach pursuant to 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. #2004-50]
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 Borough of Union Beach as
an additional insured and insuring against loss by any such claim,
suit, judgment, execution or demand in the minimum amounts of (1)
$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, (2) $250,000 for property damage resulting from
any one accident or occurrence.
[Ord. #2004-50]
Cablevision shall obtain and maintain, at its sole cost and
expense, during the entire term of this franchise, a bond in a form
reasonably acceptable to the Borough of Union Beach, which bond shall
be 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.
[Ord. #2004-50]
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 or not disabled.
2.
In accordance with N.J.S.A. 48:5A-1 1.2, subscribers seeking eligibility
for the discount must meet the income and residence requirements of
the Pharmaceutical Assistance to Aged and Disabled program pursuant
to N.J.S.A. 30:4D-21.
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.
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.
[Ord. #2004-50]
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. #2004-50]
In the event that another multi-channel video program provider's
service within the borough creates a significant competitive disadvantage
to Cablevision, the company shall have the right to request from the
Borough 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 borough 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 borough 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 Borough shall be under no obligation to support Cablevision's
request for such relief from the board.
Cablevision represents and acknowledges that as of the date
of its acceptance of this municipal consent, competition within the
borough has not yet risen to the level of creating a significant competitive
disadvantage sufficient to enable the company to seek relief under
this section.
[Ord. #2004-50]
Upon expiration, termination or revocation of this chapter,
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 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. #2004-50]
a.
Cablevision shall continue to make available noncommercial public,
educational and governmental (PEG) access as described in the application
for municipal consent. This access shall include, but not necessarily
be limited to, Cable Channel 22 to be shared with Keyport.
Pursuant to the borough's request, and in lieu of PEG access
channel described in the application for municipal consent, the borough
will receive the municipal access channel originated by Keyport Borough
as long as Keyport Borough continues to originate a municipal access
channel.
b.
The borough 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 borough 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 borough's provision of PEG access programming
on such channel.
[Ord. #2004-50]
All of the commitments in the application and any amendment
or appendix thereto are binding upon Cablevision as terms and conditions
of this consent, except as specifically modified herein. The applications,
appendices and other writings submitted by Cablevision to the borough
are incorporated herein by reference and made a part hereof, except
as specifically modified, changed, limited or altered by the express
terms of this chapter, as long as they do not conflict with the provisions
of state or federal law.
[Ord. #2004-50]
This chapter and all documents incorporated by reference shall
be construed in a manner consistent with all applicable federal, state
and local laws.
[Ord. #2004-50]
If any section, subsection, sentence, clause, phrase or portion
of this chapter is for any reason held invalid or unconstitutional
by a 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 effect the validity of the remaining portions
hereof.
[Ord. #2004-50]
This chapter shall become effective upon issuance of a certificate
of approval by the board of public utilities.
