[HISTORY: Adopted by the Township Committee
of the Township of South Hackensack 11-13-2008 by Ord. No. 2008-10.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 189.
[1]
Editor's Note: This ordinance also superseded
former Ch. A236, Cable Television Franchise, adopted 12-18-1997 by
Ord. No. 97-11.
For the purpose 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-1 et
seq.
Cablevision's application for renewal of municipal consent,
which application is on file in the Township Clerk's office and is
incorporated herein by reference and made a part hereof, except as
modified, changed, limited or altered by this ordinance.
The Board of Public Utilities of the State of New Jersey
or its successor agency.
Cablevision of Oakland, LLC. ("Cablevision"), the grantee
of rights under this ordinance.
The Federal Communications Commission.
That federal statute relating to cable communications commonly
known as the Cable Communications Policy Act of 1984, 47 U.S.C. Section
521 et seq. and the Telecommunications Act of 1996, or as those statutes
may be amended.
Those federal regulations relating to cable television services,
47 C.F.R. 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 C.F.R. Section
76.3), or as such regulations may be amended.
The installation of drop cable to a customer's premise where
the distance from the point of entry into the building being served
is less than 150 feet from the active cable television system plant.
The State of New Jersey.
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 N.J.A.C. 14:18-1 et seq., or as such regulations may be amended.
The governing body of the Township of South Hackensack in
the County of Bergen, and the State of New Jersey.
[1]
Editor's Note: The words, "the terms defined
above," refer to the preamble of this ordinance, which is on file
in the Township offices.
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
and fully open to the public, and the municipality having received
all comments regarding the qualifications of Cablevision to receive
this consent, the Township hereby finds Cablevision possesses the
necessary legal, technical, character, financial and other qualifications
to support municipal consent, and that Cablevision's operating and
construction arrangements are adequate and feasible.
The Township hereby grants to Cablevision its
nonexclusive consent to place in, upon, along, across, above, over,
and under its 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 Township 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.
This consent granted herein shall be nonexclusive
and shall be for a term of 10 years from the date of issuance of a
certificate of approval by the Board.
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 Township and the Board relative to the renewal of said
consent.
The consent granted under this ordinance to
Cablevision shall apply to the entirety of the Township and any property
hereafter annexed.
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.
Cablevision shall pay to the Township an annual
franchise fee, in accordance with N.J.S.A 48:5A-30.
A.
Cablevision shall, upon request, provide free of charge,
one standard installation and monthly cable television reception service
to all state or locally accredited public elementary and secondary
schools and all municipal public libraries, as well as municipal buildings
located within the Township or any future municipally owned buildings
in the Township used for municipal governmental purposes and provided
they are a standard install.
B.
Upon written request from the Township, the company
shall provide one standard installation and monthly cable television
reception service to the Senior Citizen Building located within the
Township. The service shall be installed to a common room or area
within the facility.
C.
Upon written request from the Township, the company
shall provide to state and locally accredited elementary and secondary
schools and municipal public libraries in the Township, without charge,
the following: one standard installation per school or library; one
cable modem per installation; and, basic cable modem service for the
term of this ordinance for each installation. This offer shall be
subject to the terms, conditions and use policies of the company,
as those policies may exist from time to time.
D.
Upon written request from the Township, the company
shall provide to one municipally owned facility, without charge, the
following: one standard installation; one cable modem per installation;
and basic cable modem service for the term of this ordinance for each
installation. This offer shall be subject to the terms, conditions
and use policies of the company as those policies may exist from time
to time.
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 Township:
A.
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 a condition as existed prior to the commencement
of said work, as determined by the Township's engineer under the Township's
generally applicable laws, rules and regulations.
B.
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
Township shall remove or relocate its equipment, at its own expense.
C.
Upon request of a person holding a building or moving
permit issued by the Township, the company shall temporarily move
or remove appropriate parts of its facilities so as to permit the
moving or erection of buildings or for the performance of other work.
The expense of any such temporary removal or relocation shall be paid
in advance to the company by the person requesting the same. In such
cases, the company shall be given not less than 14 days prior written
notice in order to arrange for the changes required.
D.
During the exercise of its rights and privileges under
this consent, the company shall have the authority to trim trees upon
and 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, 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.
Cablevision shall comply with the technical
and customer service standards established for the cable industry
under applicable federal and state laws, rules and regulations.
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 complaints
regarding the quality of service, equipment malfunctions and similar
matters. Said office shall be open daily during normal business hours,
and in no event less than 9:00 a.m. to 5:00 p.m., Monday through Friday,
with the exception of holidays.
The Office of Cable Television is hereby designated
as the complaint officer for the Township pursuant to the provisions
of 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.
Cablevision agrees to maintain and keep in force
and effect at its sole cost at all times during the term of this consent,
sufficient liability insurance naming the Township as an additional
insured and insuring against loss by any such claim, suit, judgment,
execution or demand in the minimum amounts of $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.
Cablevision shall obtain and maintain, at its
sole cost and expense, during the entire term of this ordinance, a
bond in the amount of $25,000. Such bond shall be to insure the faithful
performance of its obligations as provided in this franchise.
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 or age
of 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; and,
(2)
In accordance with N.J.S.A. 48:5A-11.2, subscribers
seeking eligibility for the discount must meet the income and residence
requirements of the Pharmaceutical Assistance to Aged and Disabled
(PAAD) program in the state pursuant to N.J.S.A. 30:4D-21; and
(3)
The senior citizen discount herein relates only
to the broadcast basic level of cable television service, and shall
not apply to any subscribers receiving service under a bulk arrangement,
or to any additional service, feature, or equipment offered by the
company, including premium channel services and pay-per-view services;
and
(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.
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 Township pursuant to state
and federal requirements. The Company shall in no way be held liable
for any injury suffered by the Township 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
Township shall utilize the state-approved procedures for such emergency
uses.
A.
In the event that the service of another multichannel
video program provider not subject to the Township's regulatory authority
within the Township creates a significant competitive disadvantage
to Cablevision, the company shall have the right to request from the
Township lawful amendments to its franchise that relieve it of the
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 Township 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.
B.
If the parties are unable to reach an agreement on
appropriate amendments to the franchise, the Township 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 Township shall be under no obligation
to support Cablevision's request for such relief from the Board.
C.
In any subsequent municipal consent, the Township
shall require, at a minimum, the same terms and conditions of any
other provider of multichannel video programming subject to the Township's
regulatory authority as those contained in the instant consent. In
the event such subsequent consent does not contain the same terms
and conditions as the instant consent, the Township agrees to support
the company's petition to the Board for modification of the consent
in accordance with NJSA 48:5A-47 and NJAC 14:17-6.7 to relieve the
company of competitive disadvantages identified in the company's petition.
Upon expiration, termination or revocation of
this ordinance, 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.
A.
Cablevision shall continue to make available noncommercial
public, educational and governmental (PEG) access as described in
the application for municipal consent.
B.
Upon written request by the Township, Cablevision
shall install a fiber access return feed at a municipally designated
building, provided it is a standard installation, solely for the benefit
of the company's cable television subscribers in the municipality.
Upon completion of this installation, Cablevision shall provide the
Township, in lieu of the regional public access channel described
in the Application, with its own designated PEG channel available
for the exclusive use of the Township.
C.
The Township 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 Township 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 Township's provision
of PEG access programming on such channel.
D.
In consideration for the rights granted in this ordinance,
the company shall provide the Township with a grant in the amount
of $1,500. The grant of $1,500 shall be provided in annual installments
of $150, upon written request by the Township (the "annual grant").
The annual grant may be used by the Township for any cable and/or
other telecommunications-related purpose as the Township, in its discretion,
might deem appropriate. Cablevision shall not be obligated to make
any additional payments beyond Year Ten of the franchise. The annual
grant shall be payable to the Township within 60 days from receipt
of the Township's written request. Notwithstanding the foregoing,
should Cablevision apply for a system-wide certification or otherwise
convert its municipal consent to a system-wide certification in accordance
with applicable law, it shall be relieved of any payments due and
owing after the date of such conversion or award of a system-wide
franchise.
All of the commitments contained in the application
and any amendment thereto submitted in writing to the Township by
the company except as modified herein, are binding upon Cablevision
as terms and conditions of this consent. The application and any other
written amendments thereto submitted by Cablevision in connection
with this consent are incorporated in this ordinance by reference
and made a part hereof, except as specifically modified, changed,
limited, or altered by this ordinance, or to the extent that they
conflict with state or federal law.
This consent shall be construed in a manner
consistent with all applicable federal, state and local laws.
If any section, subsection, sentence, clause,
phrase, or portion of this ordinance is for any reason held invalid
or unconstitutional by any court 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 portion
thereof.
This ordinance shall take effect upon issuance
of a certificate of approval as issued by the Board of Public Utilities.
