[Adopted 9-7-1995 by Ord. No. 930-45]
For the purpose of this ordinance, 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 of 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 USC 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 the federal or state definitions:
Chapter 186 of the General Laws of New Jersey, 1972, and
subsequent amendments thereto, Section 48:5A-1 et seq.
The grantee or rights under this ordinance and is known as
Warner Cable Communications Company.
The Township of Middle, County of Cape May in the State of
New Jersey.
Proper and complete application concerning the
consent hereafter granted was received by the Township of Middle and
a public hearing concerning the same was held after a 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 at said hearing
all comments regarding the qualifications of the company to receive
this consent the municipality hereby finds 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 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, cable underground
conduits, manholes, and other television conductors 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.
The consent herein granted shall expire 10 years
from the date of the expiration of the original certificate of approval
as issued by the Board of Public Utilities.
If the company seeks a successive consent it
shall, prior to the expiration of this consent, apply for a municipal
consent and certificate of approval in accordance with the Cable Television
Act N.J.S.A. 48:5A-11 and 16 applicable state and federal rules and
regulations. The company shall also petition the board for a certificate
of 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 municipal governing body, relative to the
renewal of said consent.
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 New Jersey Cable Television Act or otherwise
allowed by law, whichever amount shall be higher in terms of revenue
to the municipality.
Should the company enter into a franchise agreement
with any neighboring municipality during the round of franchise renewal
in each municipality immediately subsequent to the passage of this
ordinance, under which the neighboring municipality acquires more
favorable terms than the Township of Middle, then the company shall
offer the same terms to the Township of Middle.
The company shall be required to offer service
along any public right-of-way to any person's residence or business
located in the Township of Middle as contained in the company's application
and in accordance with the company's line extension policy. The company
further agrees to impose no line extension fee upon any nondevelopment
single family dwelling for any extension of 250 feet or less.
A.Â
In the event 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.
B.Â
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, relay and relocate its equipment, at the
expense of the company.
C.Â
The company shall temporarily move or remove appropriate
parts of its facilities to allow moving of buildings, machinery or
in other similar circumstances. The expenses shall be borne by the
party requesting such action except when requested by the municipality,
in which case the company shall bear the cost.
D.Â
During the exercise of its rights and privileges under
this franchise, the company shall have the authority to trim trees
upon the 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 company's facilities.
The company shall provide installation to any
person's residence or business along any public right of way within
the Township of Middle as contained in the company's application and
in accordance with the company's line extension policy.
The consent granted herein to the company shall
apply to that portion of the municipality currently serviced by the
company.
During the term of this franchise, and any renewal
thereof, the company shall maintain a local business office or agent
for the purpose of receiving, investigation 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. to 4:00 p.m. Monday through
Friday, and which hours shall comply with the lawful regulations of
the Board of Public Utilities.
The Office of Cable Television is hereby designated
as the complaint officer for the Township of Middle pursuant to N.J.S.A.
48:5A-26(b). All complaints shall be received and processed in accordance
with N.J.S.A. 14:17-6.5.
During the life of the franchise the company
shall give a bond to the Township of Middle which bond shall be in
the amount of $25,000 or such amount as may be allowed by the Board
of Public Utilities.
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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.
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The basic service includes those channels which
the company is required to carry by FCC rules and any channel which
the company carries without a separate or additional charge.
The cable operator shall provide access time
to noncommercial public, governmental and educational entities to
the extent such access was promised to the municipality during the
application.
The municipality finds that the equipment and/or
personnel to be provided by the company for public, education or governmental
use as provided in the application for municipal consent is reasonable.
The company shall be required to have the capability
at the head end to override the audio portion of the system in order
to permit the broadcasting of emergency messages by the municipality.
The company shall in no way be held liable for any injury 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 system as contemplated herein. The municipality shall also
establish reasonable procedures for such uses.
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 Township
of Middle as an insured and insuring against loss by any such claim,
suit, judgment execution or demand in the minimum amounts of $1,000,000
dollars for property damage resulting from any one accident.
All of the commitments contained in applicant's
application except as modified herein shall be considered to be binding
upon the applicant under the terms and conditions of this ordinance
and applicant's application is made a part hereof by this reference
hereto provided that 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. and/or FCC Rules and Regulations, 76.1 et seq., as amended,
is not to be construed as effective under the terms of this ordinance.
Warner Cable Company shall be bound by appropriate
laws, rules and regulations.
Warner Cable Company will provide notification
about Cable TV Board meetings by placing notice thereof on the Community
Board Channel (currently Channel 15) at least 10 days prior to each
and every Cable TV Board meeting.
Warner Cable Company shall continue improving
the telephone system and monitoring thereof as more efficient phone
systems become available. Such steps would include the time in which
telephone is answered by the company.
The franchise extension granted herein is hereby
expressly conditioned upon the following. In the event that the federal
government of the United States or the State of New Jersey shall reregulate
the Cable TV industry, then Warner shall be required to negotiate
with the Township in those areas where the Township has been vested
with specific jurisdiction over said reregulation. In the event that
negotiations are not successful, the Township may petition the Board
or approved agency for review, corrective action or revocation.
Warner Cable Company shall continue to meet
with the Cable TV Board on a quarterly basis.
All other ordinances in conflict or inconsistent
with this ordinance are hereby repealed, to the extent of such conflict
or inconsistency.
Should any section, paragraph, sentence, clause
or phrase of this ordinance be declared unconstitutional or invalid
for any reason, the remaining portions of this ordinance shall not
be affected thereby and shall remain in full force and effect, and
to this end the provisions of this ordinance are hereby declared to
be severable.
This ordinance shall become effective immediately
upon final passage and publication, according to law.
