[HISTORY: Adopted by the Township Committee of the Township of Sandyston 3-8-2011 by Ord. No. 2011-04. Amendments noted where applicable.]
Editor’s Note: This ordinance also superseded former Ch. A185, Cable Television Franchise, adopted 10-12-2010 by Ord. No. 2010-10.
The municipality hereby grants to the company its nonexclusive consent 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, and fixtures necessary for the maintenance and operation in the municipality of a cable television system and cable communications system. Construction, pursuant to said consent, is conditioned upon prior approval of the Board of Public Utilities.
For the purposes 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 given by the Federal Communications Commission (F.C.C.) Rules and Regulations, 47 C.F.R. Subsection 76.1 et seq., and the Cable Communications 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 federal or state definitions:
- ACT or CABLE TELEVISION ACT
- Chapter 186 of the General Laws of New Jersey, and subsequent amendment thereto, N.J.S.A. 48:5A-1.
- The grantee of rights under this chapter and is known as Service Electric Cable TV of New Jersey, Inc.
- The municipality of Sandyston, County of Sussex, State of New Jersey.
A public hearing concerning the consent herein granted to the company was held after proper public notice pursuant to the terms and conditions of the Act, said hearing having been held and fully open to the public, and the municipality having received all comments regarding the qualifications of the company to receive this consent, and the representations of the company 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 consent herein granted shall expire 10 years from the date of expiration of the new certificate of approval as issued by the Board of Public Utilities (BPU). The company further agrees to extend service to the entire Township and to build out all uncabled areas of the Township in accordance with the company's line extension and nonstandard installation policies.
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 municipality 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 municipality or any amount permitted by the Cable Television Act or otherwise allowable by law.
The consent granted herein to the company shall apply to the entirety of the municipality and any property hereafter annexed.
The company shall be required to proffer service to any persons, residents or business in conformance with its tariff on file with the Office of Cable Television, including any policies for line extension and/or nonstandard installations.
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 said work.
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 remove, re-lay and relocate its equipment, at the expense of the company.
The company shall temporarily move or remove appropriate parts of its facilities to allow for the moving of buildings and machinery or in other similar circumstances. The expense shall be borne by the party requesting such action, except when requested by the municipality, in which case the company shall bear the cost.
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 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 facilities.
In accordance with N.J.S.A. 48:5A-11, the Board of Public Utilities, through the Office of Cable Television, shall, consistent with federal law, prescribe just and reasonable rates, charges and classifications for the services rendered by a CATV.
The company shall provide public, educational, and governmental (PEG) access channels and facilities in accordance with its application for renewal of municipal consent.
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 or resulting from one accident, $500,000 for property damage resulting from any one accident, and an excess liability (or umbrella) policy in the amount of $10,000,000.
The company is in compliance with the Federal Emergency Alert System (EAS) and, as such, the company 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 municipality pursuant to state and federal requirements. The company shall in no way be held liable for any injuries suffered by the municipality or any other person, during an emergency, if for any reason the municipality is unable to make full use of the cable television systems as contemplated herein. The municipality shall utilize the state-approved procedures for such emergency uses.
All of the commitments and statements contained in the application and any amendment thereto submitted in writing to the municipality by the company, except as modified herein, are binding upon the company as terms and condition of this consent. In the event of any inconsistency between the terms of this chapter and the application, the terms of this chapter shall control. The application and any other relevant writings submitted by a company shall be annexed hereto and made a part hereof by reference as long as it does not conflict with state or federal law.
During the term of this franchise, and any renewal thereof, the company shall maintain a local business office in Sussex County for the purpose of receiving, investigating and resolving all complaints regarding the quality of service, equipment, malfunctions, and similar matters in accordance with N.J.S.A. 48:5A-26d. Such local business office shall be staffed from 8:00 a.m. to 6:00 p.m. Monday through Friday for customer service inquiries, from 8:00 a.m. to 6:30 p.m. Monday through Friday for technical support and from 8:30 a.m. to 12:30 p.m. on Saturday.
Should any of the federal or state acts, regulations, or pronouncements applicable to the regulation of cable television service be modified in any way, such modification, to the extent it embodies required terms and conditions, and meaningfully can be incorporated into this chapter, shall be so incorporated, consistent with any applicable effective dates specified in such modification. To the extent that any such modification(s) place(s) limits on permissible terms and conditions, and any provision of this chapter becomes invalid by virtue of such modification(s), the section entitled "Severability" shall apply.
If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any court of federal or state agency of competent jurisdiction, said holding may, at the option of the municipality, eliminate the validity of the remaining portions hereof.