[HISTORY: Adopted by the Township Council of the Township of West
Milford 3-20-2002 by Ord. No. 2002-7.
Amendments noted where applicable.]
For purposes of this ordinance, the terms defined above[1] shall have the meanings there indicated, and the following additional
terms shall have the following meanings:
That statute of the State of New Jersey relating to cable television,
known as the "Cable Television Act," N.J.S.A. 48:5A-15 et seq.
The Board of Public Utilities of the State of New Jersey.
That federal statute relating to cable communications commonly known
as the "Cable Communications Policy Act of 1984," 47 U.S.C. § 521
et seq., or as that statute may be amended, and the Communications Act of
1934 as amended by the Telecommunications Act of 1996.
Those federal regulations relating to the Communications Act of 1934
as amended by the Telecommunications Act of 1996 and cable televisions service,
47 CFR Section 76.1 et seq. (and to the extent applicable, any other federal
rules and regulations relating to cable television, including, but not limited
to, those described in 47 CFR Section 76.31), or as such regulations may be
amended.
The grantee of rights under this ordinance and is known as "Hometown
Online, Inc.," a wholly owned subsidiary of Warwick Valley Telephone Company,
its lawful successors and assignees.
Those regulations of the State of New Jersey Board of Public Utilities
relating to cable television, N.J.A.C. 14:17-1.1 et seq., and 14:18-1.1 et
seq., or as such regulations may be amended.
The Township of West Milford in the County of Passaic and State of
New Jersey.
[1]
Editor's Note: The preamble to Ord. No. 2002-7 defined Hometown Online,
Inc., as the "franchisee."
It is hereby found and determined that the franchisee possesses the
necessary legal, technical, character, financial and other qualifications
to comply with all requirements and that the franchisee's operating and construction
arrangements are adequate and feasible. It is accordingly ordained that pursuant
to the laws of the State of New Jersey and the rules and regulations established
by the Board, a nonexclusive consent and permission is hereby granted to the
franchisee to use new and existing communications facilities to provide video
services within certain areas of the Township of West Milford subject to the
following rules and regulations.
The consent herein granted shall expire 10 years from the effective
date of the Certificate of Approval granted by the Board for the franchisee
to provide service in West Milford.
The consent granted herein may be renewed upon application pursuant
to the Federal Act and Cable Television Act.
Pursuant to the terms and conditions of the Act, the franchise shall,
during each year of operation under the consent herein, pay to the Township
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
Township. This fee shall be payable on or before the 25th day of January of
each year accompanied by a statement of receipts. Franchisee shall provide
a yearly audit to the Township when completed by the franchisee auditor.
The consent granted herein to the franchisee for the provision of video
services shall apply to that portion of the Township that currently or in
the future receives franchised telecommunications services from the Warwick
Valley Telephone Company as an incumbent local exchange or that:
A.Â
In the future receives franchised telecommunications
services from the Warwick Valley Telephone Company as a competitive local
exchange carrier; and
B.Â
Is within 4,100 feet, as measured by run of wire, from
either Warwick Valley Telephone Company central office or remote office switching
facilities, or is within 4,100 feet, as measured by run of wire, from a next
generation digital loop carrier that is installed on the Warwick Valley Telephone
Company network; and
C.Â
Hometown Online obtains approval from Warwick Valley
Telephone Company to serve via the use of Warwick Valley Telephone Company's
network.
The construction timetable shall commence on a date when the franchisee
has received in writing a certificate of approval from the Board (the "approval
date"). The franchisee shall meet the following construction timetable for
provision of service:
A.Â
By no later than two years from the approval date, 100% of that portion of the franchise territory identified as "Area A" in Exhibit 1[1] annexed to this ordinance; and
[1]
Editor's Note: Exhibit 1 is included at the end of this chapter.
B.Â
By no later than three years from the approval date, 100% of that portion of the franchise territory identified as "Area B" in Exhibit 1 annexed to this ordinance; provided that the franchisee reserves the right to suspend the construction timetable with respect to Area B if the franchisee does not experience a significant subscription rate on or before two years from the approval date. A "significant subscription rate" means that 30% or more of all potential subscribers have subscribed to franchisee's video services. The term "potential subscribers" means the aggregate number of access lines deployed by the Warwick Valley Telephone Company in the areas where the franchisee provides or has the capability to provide cable service.
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
rules and regulations set by the Board and complied with by Warwick Valley
Telephone Company in the provision of its regulated communications services.
Any such extension shall be governed by the provisions of this ordinance.
In the event that the franchisee or its agent shall disturb any pavement,
street surfaces, sidewalk, driveways, or other surfaces in the natural topography,
the franchisee 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. Said restoration shall be to the extent of the damage done in
the area specifically concerned which has been disturbed.
If at any time during the period of this consent the Township shall
alter or change the grade of any street, alley or other way or place, the
franchisee, upon reasonable notice by the Township, shall remove, re-lay and
relocate its equipment in accordance with existing procedures adhered to in
the provision of existing communications services provided by Warwick Valley
Telephone Company.
The franchisee, shall, upon request of the Township, at the franchise's
expense, temporarily raise, lower or remove its lines in order to facilitate
the moving of buildings or machinery or other like circumstances in accordance
with existing procedures adhered to in the provision of existing communications
services provided by Warwick Valley Telephone Company.
During exercise of its rights and privileges under this franchise, the
franchisee shall have the authority to trim trees upon the overhanging streets,
alleys, sidewalks and public places of the Township so as to prevent the branches
of such trees from coming in contact with the wires and cables of the franchisee.
Such trimming will be conducted by Warwick Valley Telephone in accordance
with existing procedures adhered to in the provision of existing communications
services provided by Warwick Valley Telephone Company. Any work to be performed
under this provision requires 48 hours' notice to the Township unless the
matter is an emergency.
During the term of this franchise, and any renewal thereof, the franchisee
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 the hours set by Warwick Valley Telephone Company and in no
event less than 9:00 a.m. to 5:00 p.m., Monday through Friday. A telephone
number, local to the Township, shall be provided by the franchisee.
Franchisee will provide local origination programming during the term
of this agreement and any extensions of it on one or more channels. Such channels
shall be bundled with basic cable services. The franchisee will acquire the
necessary equipment so that 1/2 inch VHS tapes may be aired in order to provide
such programming over any such channels during the term of this agreement
and any extensions of it. The franchisee retains discretion over whether to
air tapes submitted to it.
The Township recognizes that it is not permitted to require any particular
programming. However, the Township recommends in the strongest term possible
without requiring same, that franchisee provide additional local programming,
including local news and sporting events.
Franchisee will make best efforts to provide public emergency broadcast
capabilities whereby notification of a public emergency deemed to have an
effect on the Township and its residents may be superimposed on or scrolled
cross all channels with details pertaining to said public emergency to be
conveyed visually and/or audibly on a predesignated channel. Franchisee shall
be on-line with this capability no later than 90 days after the State of New
Jersey's proposed emergency alert system is operational.
A.Â
Franchisee shall broadcast within 48 hours West Milford
Township Council meetings, West Milford Township Planning Board meetings,
West Milford Township Zoning Board of Adjustment meetings, West Milford Township
Board of Education meetings, and meetings of other West Milford Township governmental
bodies upon request any of those above listed governmental bodies upon reasonable
prior notice to franchisee. Notice at least five days prior notice but not
more than one year prior to the meeting shall be considered reasonable prior
notice. Franchisee shall use its best efforts to broadcast such meetings within
48 hours and shall under any circumstances broadcast such meetings within
96 hours of the completion of such meetings. In addition, franchisee shall
provide an employee or agent to tape such meetings, or in the alternative,
provide necessary equipment, training and advisory personnel to tape such
meetings. Franchisee may coordinate use of personnel and facilities with others
also under an obligation to cover such meeting in complying with its obligation
under this section. The franchisee shall provide the following basic cable
service, including service drop and one residential gateway which can simultaneously
serve up to three televisions, to the following public facilities to the extent
such facility is within an area receiving service from franchisee and is government
owned:
(1)Â
Hillcrest School.
B.Â
Franchisee shall, upon written request, also provide
such service on the same terms to the Town Hall, Public Library and any other
public school at such time as the areas where franchisee provides video service
under this consent includes such buildings.
Within 18 months of the final adoption of this ordinance, should franchisee
enter a franchise agreement with any municipality within New Jersey and the
other municipality acquires more favorable terms than West Milford Township,
then the franchisee shall offer the same terms to West Milford Township.
Franchisee shall appear at a public meeting of the West Milford Township
Council at least one time per year if requested by the Township Council in
writing. At this meeting, franchisee shall report on the past year's service
record. This meeting shall be open to the public and shall provide an opportunity
for the public to comment on or question the performance of franchisee. Franchisee
shall further agree to meet with the Township Cable Oversight Committee at
least one time per year, on no less than 14 days' notice, to discuss any and
all issues relating to video service of the franchisee being provided to the
Township and its residents.
The Office of Cable Television is hereby designated as the complaint
officer for the municipality, 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.
To the extent required by N.J.S.A. 48:5A-28(d), franchisee shall maintain
a bond or commitment in the penal sum of not less than $25,000 for the faithful
performance of all undertakings by the franchisee represented in the application.
A.Â
The franchisee agrees to maintain and keep in full force
and effect at its sole expense at all times during the term of this consent,
upon approval by the Board of Public Utilities, liability insurance naming
the Township of West Milford as an additional insured and insuring against
loss by any such claim, suit, judgment, execution or demand as follows:
(1)Â
Comprehensive general liability insurance for bodily
injury or property damage with a $500,000 combined single limit of liability
per occurrence; and
(2)Â
Automobile insurance liability for bodily injury or property
damage in the amount of a $500,000 combined single limit of liability, including
coverage for hired and nonownership automobile liability.
B.Â
Said liability insurance shall also include insurance
in compliance with N.J.S.A. 48:5A-28(f). Franchisee shall also maintain all
workers' compensation and employer's liability insurance that is required
by statute.
In the event that franchisee breaches its responsibilities herein, the
Township reserves the right to seek redress administratively through the Board
of Public Utilities or at law in a court of competent jurisdiction, as permitted
by law. In the event the franchisee fails to complete the implementation and
the extension of service in the Township as set forth herein, then the Township
shall have the right to apply to the Board of Public Utilities for relief,
including, without limitation, revocation of the franchise.
Any portion of the application, which is in conflict with the provisions
of the Cable Television Act, N.J.S.A. 48:5A-1 et seq., the Cable Communications
Policy Act, 47 U.S.C. § 521 et seq., the Communications Act of 1934,
as amended by the Telecommunications Act of 1996 and/or FCC Rules and Regulations,
76.1 et seq., as amended, or any other applicable law, is not to be construed
as effective under the terms of this ordinance. All of the commitments and
statements contained in the application and any amendment thereto submitted
in writing to the Township by the franchisee, except as modified herein, are
binding upon the franchisee as terms and conditions of this consent. The application
and any other relevant writings submitted by the franchisee shall be annexed
hereto and made a part hereof by reference as long as they do not conflict
with state or federal law.
If any section, subsection, sentence, clause, or 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 thereof.
Any reference in any provision of this ordinance to any federal or state
statute or regulation shall be deemed to be a reference to such statute or
regulation as it may be amended in the future and to any successor statute
or regulation governing the same subject matter.
This municipal consent shall become effective as of the date upon which
the Township received written notification that franchisee accepts the provisions
of this ordinance, after adoption by the Township Council.
The franchisee shall provide, when permitted by law, reduced rates for
basic cable service to senior citizen residents of the Township.
In the event rate regulation legislation is changed in the future to
provide for regulation by the Township, the Township shall be the rate regulation
authority.
The franchisee shall cause all construction plans related to work involving
Township property or rights-of-way to be filed with the Township Engineer
and Township Administrator at least 10 days prior to the commencement of the
work. Technical specifications should conform to Board and New Jersey Office
of Cable Television guidelines for picture quality and dependability. Nothing
herein shall eliminate the requirements of the franchisee to comply with all
federal, state and local statutes, ordinances, or regulations.
