[HISTORY: Adopted by the Borough Council of the Borough of Paramus 2-10-2009 by Ord. No. 09-1. Amendments noted where applicable.]
Editor's Note: This ordinance also repealed former Ch. A457, Cable Television Franchise, comprised of former Art. I, Cablevision of New Jersey, Inc., adopted 12-15-1998 by Ord. No. 98-39, and former Art. II, Cablevision of Oakland, Inc., adopted 12-15-1998 by Ord. No. 98-40.
The Borough of Paramus hereby grants to Cablevision of New Jersey, Inc., 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. Operation and construction, pursuant to said consent, is conditioned upon prior approval of the Board of Public Utilities.
For the purposes of this article, the following terms, phrases, words and their derivations shall have the meanings given herein. Such meaning or definition of terms is supplemental to those definitions given by the Federal Communications Commission, FCC Rules and Regulations found at 47 C.F.R. § 76.1 et seq. and the Communications Act of 1934 at 47 U.S.C. § 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 amendments thereto, N.J.S.A. 48:5A-1 et seq.
- Cablevision of New Jersey, Inc.
- The Borough of Paramus, County of Bergen, 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 any and all comments regarding the qualifications of the company to receive this consent, the municipality hereby finds that the company possesses the necessary legal, technical, character, financial and other qualifications to support municipal consent, and that the company's operating and construction arrangements are adequate and feasible.
The consent granted herein is nonexclusive and shall be for a period of 10 years from the date of issuance of a certificate of approval by the Board of Public Utilities.
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 greater amount otherwise permitted by the Act or otherwise allowable by law. In the event applicable laws hereinafter permit a larger franchise fee to be collected, the company shall pay such maximum amount as permitted by law.
The consent granted herein to the company shall apply to the entirety of the municipality and any property hereafter annexed by the municipality.
The company shall be required to proffer service along any public right-of-way to any person's residence or business located in those areas of the franchise territory described herein, at tariffed rates for standard or nonstandard installation.
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-law and relocate its equipment at the sole expense of the company.
Temporary removal of cables. The company shall temporarily move or remove appropriate parts of its facilities to allow for the moving of buildings and machinery, at the company's sole cost and expense.
Building or moving permits. Upon the request of a person holding a building or moving permit issued by the municipality, 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 borne by the party requesting said relocation except where requested by the municipality, in which case the company shall bear all costs and expenses.
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 trees from coming in contact with the wires and cables of the company. No such trimming shall take place without the prior approval of the Municipal Director of Shade Tree and Parks Commission. No such trimming shall exceed that required to maintain proper clearance for the company's facilities.
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, investigating and resolving all complaints regarding the quality of service, equipment, malfunctions of equipment 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 5:00 p.m. from Monday through Friday.
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 reviewed and processed in accordance with N.J.A.C. 14:17-6.5.
During the life of the franchise, the company shall give a bond to the municipality in the principal amount of $50,000. Said bond shall be to ensure the faithful performance of all of the undertakings of the company as represented in its application for municipal consent.
The company shall maintain and keep in force and effect at its sole expenses, at all times during the term of this franchise, sufficient liability insurance naming the municipality as an insured and insuring against loss for any claim, suit, judgment, execution or demand of any kind whatsoever. Said insurance shall have minimum limits as follows:
For personal injury for any one accident or occurrence: $500,000 per person.
Comprehensive general liability policy with single-limit amount of $1,000,000 covering liability for any death, personal injury, property damage or other liability arising out of its construction and/or operation of the franchise system.
An excess liability or umbrella policy in the amount of $10,000,000.
The bond and insurance policies required by the foregoing provisions shall be written by a company or companies authorized and qualified to do business within the State of New Jersey.
The company further agrees and shall indemnify and hold the municipality, its officials, officers, employees and designees harmless from any claims with regard to the company's exercise of any rights provided hereunder, specifically, but not limited to, any liability claims arising out of the operation and or construction of the cable system.
The rates of the company shall be subject to the regulation permitted by state and federal law and shall be fixed in accordance therewith.
The company shall continue to provide cable television installation, expanded basic cable service, and one cable modem at no charge in the following locations: the public library; all public and private schools; in Borough Hall or other designated public locations in the municipality for educational purposes; in all day-care centers; in all nursery schools; at Petruska Park; at the Paramus Rescue Squad building; at the Paramus Ambulance Corps, at the Paramus Life Safety building, at the Paramus Police Department, at all Volunteer Fire Department stations, the Borough Senior Citizens Center, and any and all other Borough-owned facility or buildings as requested or designated by the municipality.
The company shall provide the municipality with a technology grant in the amount of $20,000. The company shall provide an initial grant in the sum of $4,250 and shall provide annual additional installments in the sum of $1,750 which amounts shall be made on the first day of each year to be used by the municipality for any telecommunications-related purpose as the municipality, in its sole discretion, deems appropriate.
Upon the expiration, termination or revocation of this article, the company, at its sole cost and expense, shall remove the cables and appurtenant devices constructed or maintained in connection with the services authorized herein.
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 injury suffered by the municipality or any other person during any emergency usage if the municipality is unable to make full use of the cable television system 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 conditions of this consent. The application and any other relevant writings submitted by the company shall be annexed hereto and made a part hereof by reference as long as they do not conflict with state or federal law.