The purpose of the Board shall be to assist the governing body in making its determination in the award of cable television franchise and to monitor the performance during the term of the franchise of the cable television company that is awarded said franchise and to receive, investigate, report and follow any complaints with respect to the service provided by the cable franchise serving the Borough of South River.
A. 
There is hereby created in and for the Borough of South River a Cable Television Advisory Board, which shall consist of three members, who shall reside within the Borough of South River. The members of the Board shall serve without compensation. The Board shall annually, upon reorganization, elect a Chairman from its members. No resident shall be permitted to serve on that Board if that member owns, controls or acquires any direct or indirect interest in a CATV company, which has applied for or received a municipal consent from the Borough pursuant to N.J.S.A. 48:5A-1 et seq.
B. 
The Cable Television Advisory Board shall consist of three members appointed by the Mayor, with the advice and consent of the Borough Council. Each member of the Board shall serve for a three-year term, except that, in its initial term, the Mayor shall appoint one member to serve a one-year term, one member to serve a two-year term, and one member to serve a three-year term.
The Cable Television Advisory Board shall be established for the following:
A. 
The Cable Television Advisory Board shall act as a cable television complaint board (complaint officer) with respect to the Borough's cable television franchise.
B. 
The Cable Television Advisory Board shall act as a government liaison between the cable television franchisee and the citizens of the Borough of South River.
C. 
The Cable Television Advisory Board shall make suggestions to and aid TV 35 personnel in developing and coordinating a local access program system for the Borough of South River.
D. 
The Cable Television Advisory Board shall act as an advisory committee for the franchising or refranchising of the CATV system within the Borough of South River.
E. 
The Cable Television Advisory Board shall act as a liaison between the cable television franchisee, the governing body and the citizens of the Borough of South River. In this capacity, the Cable Television Advisory Board may make recommendations to the governing body or the franchisee for the improvement of service by the CATV system.
The Cable Television Advisory Board shall also be responsible for aiding and making suggestions to TV 35 personnel with respect to local access programming within the Borough of South River. The Cable Television Advisory Board shall be authorized to work with the citizens and Board of Education, as well as other areas of local government and citizen groups, to help aid in the development and maintenance of such a system. The Board shall be authorized to hear from interested persons wishing to utilize the local access channel for education, culture or entertainment programming. The Board shall exercise no editorial discretion, except to ensure that all state and federal regulations are complied with.
A. 
Pursuant to the Federal Communications Commission (47 CFR 76.5 et seq.), the Cable Communication's Policy Act (47 U.S.C. § 546 et seq.), as well as the Cable Television Act (N.J.S.A. 48:5A-1 et seq.), and their amendments and/or supplements, the Mayor and Borough Council authorized the Cable Television Advisory Board to ascertain past, present and future needs of the Borough with regard to the CATV system. The Board shall be authorized to evaluate past and present performance of the present franchisee and shall further be authorized to evaluate the franchisee's proposal for addressing future needs of the Borough. The Board is authorized to hold one or more public hearings as it deems necessary commencing at least three years prior to the expiration of any franchise term, for the purpose of determining the past, present and future needs of the Borough, as well as determining the past and present performance of the franchisee.
B. 
Upon determining the past, present and future needs of the Borough of South River, as well as determining the past and present performance of the franchisee, the Board shall issue a report to the governing body and the franchisee with regard to its findings. The franchisee shall then be given the opportunity to come before the Cable Television Advisory Board with a proposal for addressing the present and future needs within the Borough.
C. 
During the refranchising or refranchising process before the Board of Public Utilities, Office of Cable Television or any such successor as authorized by the State of New Jersey, the Cable Television Advisory Board shall be expressly authorized to appear and provide testimony with regard to its findings. In addition to any hearing before the Office of Cable Television with regard to matters regarding cable television, franchising or refranchising, the Cable Television Advisory Board shall expressly be authorized to make reports and offer testimony to the governing body at any public hearing held concerning an application for franchising or refranchising of a CATV system in the Borough of South River.
The South River Borough Cable Television Advisory Board is hereby designated as the complaint officer for the Borough of South River pursuant to N.J.S.A. 48:5A-1 et seq. All complaints shall be received and processed in accordance with N.J.A.C. 14:17-7.1.