[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:
- ACT or CABLE TELEVISION ACT
- 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.
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.
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.
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.
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.
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.