[HISTORY: Adopted by the Mayor and Council of the Borough
of Ridgefield 12-9-2019 by Ord. No. 2373.[1]Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. A452,
Cable Television Franchise, adopted 3-23-2009 by Ord. No. 2084.
The municipality hereby grants to Spectrum New York Metro, LLC,
an indirect subsidiary of Charter Communications, 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, underground conduits, manholes
and other television conductors and fixtures necessary for the maintenance
and operation in the municipality of a cable television system.
For the purpose of this chapter, 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
given under federal law, including but not limited to the rules and
regulations of the Federal Communications Commission (47 CFR 76.1
et seq.), the Communications Act of 1934 (47 U.S.C. § 521
et seq., as amended) and the New Jersey 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:
Is Chapter 186 of the General Laws of New Jersey, 1972, Section
48:5A-1 et seq., as amended.
Is the New Jersey Board of Public Utilities.
Is the grantee of rights under this chapter and is known
as Spectrum New York Metro, LLC.
Is the Borough of Ridgefield, County of Bergen, in the State
of New Jersey.
Installations to residences and buildings that are located
up to 125 aerial feet from the point of connection to the company's
existing distribution system.
A public hearing concerning the franchise herein granted to
the company was held after proper public notice pursuant to the terms
and conditions of the Act and pursuant to communications with the
Board. The hearing having been held as above stated and having been
fully open to the public, and the municipality having received at
the hearing all comments regarding the qualifications of the company
to receive this franchise, the municipality hereby finds that 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 consent herein granted shall expire 10 years from the date
of issuance by the BPU of a new certificate of approval based upon
this chapter.
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
and applicable state and federal rules and regulations, and this consent
shall continue in effect during the period following expiration of
the consent granted herein and until such time that a decision is
made relative to the renewal of this municipal consent. Nothing herein
shall be construed as a waiver of the company's rights concerning
the renewal of this consent under applicable law, including without
limitation Section 626 of the Cable Act, 47 U.S.C. § 546.
The company shall provide access time for noncommercial use
to noncommercial public, governmental and educational entities on
one PEG Access Channel, which the municipality will share with other
municipalities in Bergen County, New Jersey, with which the company
has a cable franchise.
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 3.5% of the gross revenues as defined in Section
3 of P.L. 1972, c. 186 (N.J.S.A. 48:5A-3), that the company derives
during the calendar year from cable television service charges or
fees paid by subscribers in the municipality to the company, or such
other amount as may be required under the Act, subject to federal
law.
The consent granted herein to the company shall apply to the
entirety of the municipality and any property hereafter annexed by
the municipality by law.
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, in accordance
with the proposal for the provision of services as described in the
Application for Renewal of Municipal Consent, filed with the Borough
on March 30, 2011 ("Application"). Any additional extension of the
system shall be made in accordance with the company's line extension
policy.
A.Â
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 at its sole expense shall restore
and replace such places or things so disturbed in as good a condition
as existed prior to the commencement of said work.
B.Â
Relocation. If at any time during the period of this consent the
municipality shall, for itself and not for, on behalf of or at the
request of any third party, alter or change the grade of any street,
alley or other public way or place, the company, upon reasonable notice
by the municipality, to be not less than 10 business days, shall remove,
re-lay or relocate its equipment, at the expense of the company; provided,
however, that all other users of the rights-of-way are likewise required
to bear such costs under such circumstances.
C.Â
Temporary removal of cables. Upon reasonable advance written notice,
the company shall temporarily move or remove appropriate parts of
its facilities to allow the moving of buildings or machinery or in
other similar circumstances. The expense thereof shall be borne by
the party requesting such action except when requested by the municipality
for itself and not for, on behalf of or at the request of any third
party. In such event, that is, where the request is made by the municipality
for itself and not for, on behalf of or at the request of any third
party, the company shall bear the cost; provided, however, that all
other users of the rights-of-way in the municipality are likewise
required to bear such costs under such circumstances. For the purposes
of this section, "reasonable advance written notice" shall be no less
than 10 business days in the event of a temporary relocation and no
less than 120 days for a permanent relocation.
D.Â
Trimming 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, or other 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 the company's facilities and shall comply with
the municipality's generally applicable ordinances governing
tree trimming in the public rights of way.
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, and similar matters.
The present address of the company for such purpose is 200 Roosevelt
Avenue, Palisades Park, New Jersey. Such local business office shall
be open during normal business hours, but in no event less than 9:00
a.m. to 5:00 p.m., Monday through Friday, holidays excepted.
The New Jersey Office of Cable Television ("OCTV"), within the
BPU, is hereby designated as the Complaint Officer of the municipality,
pursuant to N.J.S.A. 48:5A-26(b). The Cable Television Advisory Committee
formed by the Mayor and Council of the municipality, or any designated
persons or entity which may be appointed from time to time by the
Mayor and Council of the municipality, shall be empowered to receive
any complaints and to process and forward such complaints to the OCTV.
All complaints shall be received and processed in accordance with
N.J.A.C. 14:17-6.5.
During the life of the franchise, the company shall give a performance
bond to the municipality in the sum of $25,000. Such bond shall be
to ensure the faithful performance of all undertakings of the company
as represented in its application.
The rates of the company shall be subject to regulation as permitted
by federal and state law.
The company's basic service shall include those channels
that the company is required to carry by FCC rules and any other channel
that the company may choose to carry without a separate or additional
charge.
The company agrees to maintain and keep in full force and effect,
at its sole expense and at all times during the term of this consent,
sufficient liability insurance naming the Borough of Ridgefield as
an additional insured and insuring against loss in the minimum amounts
of 1) $1,000,000 for bodily injury or death per occurrence; 2) $500,000
for property damage per occurrence; and 3) $500,000 for umbrella liability;
or for any other amounts statutorily mandated.
The company hereby agrees to indemnify and hold the municipality,
including its agents and employees, harmless from any claims or damages
resulting from the negligent actions of the company in constructing,
operating or maintaining the cable system. The municipality agrees
to give the company written notice of its obligation to indemnify
the municipality within 10 days of receipt of a claim or action pursuant
to this section. Notwithstanding the foregoing, the company shall
not be obligated to indemnify the municipality for any damages, liability
or claims resulting from the willful misconduct or negligence of the
municipality or for the municipality's use of the cable system.
Subject to applicable law, the company shall provide, without
charge, standard installation and one outlet and equipment of basic
cable service to the locations identified in Attachment A.[1] The basic cable service provided pursuant to this section
shall not be used for commercial purposes. The municipality shall
take reasonable precautions to prevent any inappropriate use or loss
or damage to the company's cable system.
[1]
Editor's Note: Said attachment is on file in the Borough
offices.
If any section, subsection, sentence, clause, phrase or portion
of this chapter 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 hereof.
The company shall not be liable or responsible for, in whole
or in part, any delay or failure to perform any of its obligations
hereunder which may result from accidents, floods, fires, earthquakes,
tornadoes or other acts of God; war, acts of war (whether or not a
declaration or war is made), civil disobedience; civil disturbance,
sabotage or vandalism, customer tampering or interference, or act
of public enemy; strikes, other labor or job actions or unavailability
of materials or equipment; or other events or circumstances beyond
the reasonable control of the company.
This consent shall be subject to applicable state and federal
law.
A.Â
The company and the Borough acknowledge that there is a law currently
in effect in New Jersey authorizing cable television companies to
elect to seek state-issued franchises. The company has chosen not
to do so at this time but rather to seek a municipal ordinance that
will be approved by the issuance of a certificate of approval by the
Board. However, the company's decision at this time not to do
so shall not be deemed or construed as a waiver of the company's
right to do so in the future, should it so choose.
B.Â
Should there be any change in local, state or federal law during
the term of the franchise granted herein which reduces the regulatory
or economic burdens for persons desiring to construct, operate or
maintain a cable television system in the Borough, the municipality,
at the company's request, shall agree with the company to amend
this chapter to similarly reduce the regulatory or economic burdens
on the company. All such amendments must have Board approval to the
extent required by applicable law. It is the intent of this section
that, at the company's election, the company shall be subject
to no more burdensome regulation or provided no lesser benefits under
this chapter than any other persons that might provide cable television
service in the municipality.
This municipal consent shall become effective as of the date
upon which the municipality receives written notification that the
company accepts the terms and conditions hereof and approval of the
Board of Public Utilities.
