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Borough of East Rutherford, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of East Rutherford 1-1-1982 as Sec. 4-16 of the 1982 Recodification. Amendments noted where applicable.]
GENERAL REFERENCES
Telephone franchise — See Ch. A402.
Satellite earth station antennas — See Ch. 352, in the Land Use Code.
The purpose of this ordinance is to implement the federal regulations of the Federal Communications Commission and the statutes of the State of New Jersey regulating cable television, N.J.S.A. 48:5A-1 et seq.
As used in this ordinance, the following terms shall have the meanings indicated:
CABLE TELEVISION COMPANY or CATV Company or CABLE COMMUNICATION COMPANY
Any person owning, controlling, operating, managing or leasing a cable television system within the Borough of East Rutherford.
CABLE TELEVISION SYSTEM or CATV SYSTEM
Any facility within the municipality which operates or intends to operate to perform the service of receiving and amplifying the signals broadcast by one or more television stations and redistributing such signals by wire, cable or other device or means for accomplishing such redistribution to members of the public who subscribe to such service, or distributing through its facility any television signal, whether broadcast or not, or any part of such facility. For purposes of this ordinance, "cable television system" or "CATV system" shall include any cable communications system or any communications service through the facilities of CATV system and for which charges in addition to other than those made for cable television reception service are made or proposed to be made.
CONSENT
The consent of the Mayor and Council.
CONTRACT
A written contract between the municipality as grantor and a cable television company as grantee, which shall cover all the terms and provisions establishing rights between the grantor and the grantee with respect to the operation of a cable communication system.
COUNCIL
The Council of the Borough of East Rutherford.
FCC
The Federal Communications Commission of the United States, or its successor.
GRANTEE
Person, corporation or subsidiary thereof entering into a contract with the borough, and shall include any lawful successor to the interest of such person where consent to such successor is approved under the provisions of this ordinance.
MUNICIPALITY
The Borough of East Rutherford, a municipal corporation of the State of New Jersey, in its present incorporated form or in any later reorganized, consolidated enlarged or reincorporated forms.
SUBSCRIBER
Any person or entity receiving for any purpose any service of the grantee's cable television system service of retransmission of cable broadcast, radio signals, grantee's original cablecasting and the local government, education and public access channels.
TRANSMISSION
Any audio, visual or facsimile signal message, graphics, data or communication of any kind transmitted on the cable system, whether analog or digital.
No person shall commence construction, own or operate any cable television system in the Borough of East Rutherford until grantee shall enter into a written certification from the FCC and from the Board of Public Utilities of the State of New Jersey that the proposed system has met all the requirements of federal regulation and state statutes.
A. 
Performance bond to municipality. Upon entering into a contract, the grantee shall file with the Borough Clerk and shall thereafter, annually, during the entire term of such contract, maintain in full force and effect a corporate surety bond or other adequate surety agreement in such amount and kind as shall have been approved by the Council. The bond agreement shall be so conditioned that in the event that the grantee shall fail to comply with any one or more of the provisions of this ordinance or of such contract, then there shall be recoverable, jointly and severally, from the principal and surety any damages or loss or costs suffered or incurred by the municipality as a result thereof, including but not limited to attorneys' fees and costs of any action or proceedings and the full amount of any compensation, indemnification, cost of removal or abandonment of any property or other costs which may be in default, up to the full principal amount of such bond. Said condition shall be a continuing obligation during the entire term of the contract and thereafter until grantee shall have satisfied in full any and all obligations to the municipality which arise out of or pertain to said contract. Neither the provisions of this section or any bond accepted by the municipality pursuant hereto, nor any damages recovered by the municipality thereunder, shall be construed to excuse faithful performance by the grantee or limit the liability of the grantee under any contract entered into pursuant to this ordinance or to damages either up to the full amount of the bond or otherwise.
B. 
Performance bond for subscribers. Upon entering into a contract, the grantee shall file, annually, with the Borough Clerk and shall thereafter during the entire term of such contract maintain in full force and effect a corporate surety bond or other adequate surety agreement in an amount as shall have been approved by the Council. The bond or agreement shall be so conditioned that in the event that such grantee shall fail to comply with any one or more of the provisions of any agreement or undertaking made between grantee and any subscriber, then there shall be recoverable jointly and severally from the principal and surety any damages or costs suffered or incurred by any subscriber as a result thereof, including but not limited to reasonable attorneys' fees and costs of any action or proceedings. Said condition shall be a continuing obligation during the entire term of such contract and thereafter until grantee shall have satisfied in full any and all obligations to any subscriber which arise out of or pertain to any such agreement or undertaking.
Grantee shall indemnify and hold harmless the municipality, its officers, boards, commissions, agents and employees against and from any and all claims, demands, causes of actions, actions, suits, proceedings, damages (including but not limited to damages to municipality property, damages arising out of copyright infringements and damages arising out of any failure by grantee to secure consents from the owners, authorized distributors or licensees of programs to be delivered by grantee's cable television system), costs or liabilities (including costs or liabilities of the municipality with respect to its employees), of every kind and nature whatsoever, including but not limited to damages for injury or death or damage to person or property and regardless of the merit of any of the same, and against all liability to others and against all loss, cost and expense resulting or arising out of any of the same, including any attorneys' fees, accounting fees, expert witness or consultant fees, court costs, per diem expense, traveling and transportation expense or other costs or expenses arising out of or pertaining to the exercise or the enjoyment of any contract hereunder by grantee or the granting thereof by the municipality.
A. 
The grantee shall, at the sole risk and expense of the grantee, upon demand of the municipality made by and through the municipal attorney, appear in and defend any and all suits, actions or other legal proceedings, whether judicial, quasi-judicial, administrative, legislative or otherwise, brought or instituted or had by third persons or duly constituted authorities against or affecting the municipality, its officers, boards, commissions, agents or employees and arising out of or pertaining to the exercise or the enjoyment of such contract or the granting thereof by the municipality.
B. 
The grantee shall pay and satisfy and shall cause to be paid and satisfied any judgment, decree, order, directive or demand rendered, made or issued against grantee, municipality, its officers, boards, commissions, agents or employees in any of these premises; and such indemnity shall exist and continue without reference to or limitation by the amount of any bond, policy of insurance, deposit, undertaking or other assurance required hereunder or otherwise, provided that neither grantee nor municipality shall be or enter into any compromise or settlement of any claim, demand, cause of action, suit or other proceedings without first obtaining the written consent of the other.
C. 
The provisions of this section shall not be construed to excuse unfaithful performance by the grantee or limit the liability of the grantee under this ordinance or the contract for damages.
A. 
Any application for a cable communications contract in the Borough of East Rutherford must be in compliance with N.J.S.A. 48:5A-1 et seq.
B. 
In addition, the application must contain the following information:
(1) 
The name, address and telephone number of the applicant.
(2) 
A detailed statement of the corporate or other business entity organization of the applicant, including but not limited to the following and to whatever extent required by the municipality.
(3) 
The names, residences and business addresses of all officers, directors and associates of the applicant.
(4) 
The names, residences and business addresses of all officers, persons and entities having a controlling or being entitled to have or control 1% or more of the ownership of the applicant and the respective ownership share of each such person or entity.
(5) 
The names and addresses of any parent or subsidiary of the applicant, namely, any other business entity owning or controlling the applicant in whole or in part or owned or controlled in whole or in part by the applicant and a statement of the nature of any such parent or subsidiary business entity, including but not limited to cable television systems owned or controlled by applicant, its parent and subsidiary and the areas served thereby.
(6) 
A detailed description of all previous experience of the applicant in providing cable television system service and in related or similar fields.
(7) 
A detailed and complete financial statement of the applicant, its parent and/or its subsidiaries, prepared by a certified public accountant, for the fiscal year next preceding the date of the application hereunder, or a letter or other acceptable evidence in writing from a recognized lending institution or funding source, addressed to both the applicant and the Common Council, setting forth the basis for a study performed by such lending institution or funding source, and a clear statement of its intent as a lending institution or funding source to provide whatever capital shall be required by the applicant to construct and operate the proposed system in the municipality, or a statement from a certified public accountant certifying that the applicant has available sufficient free, net and uncommitted cash resources to construct and operate the proposed system in this municipality.
(8) 
A statement identifying, by place and date, any other cable television contracts awarded to the applicant, its parent or subsidiary; the status of said contracts with respect to completion thereof; the total cost of completion of such system(s); and the amount of applicant's and its parent's or subsidiary's resources commitment to the completion thereof.
(9) 
A statement or schedule setting forth all proposed classifications of rates and charges to be made against subscribers and all rates and charges as to each of said classifications, including installation charges and service charges.
(10) 
A copy of the form of any agreement, undertaking or other instrument proposed to be entered into between the applicant and any subscriber and between the applicant and any lessee of any channel.
A. 
Term. Any contract awarded by the Council under this ordinance shall not be for a term of more than 15 years.
B. 
Termination. The municipality may terminate any contract awarded pursuant to the provisions of this ordinance in the event that:
(1) 
The grantee violates any provision of this ordinance or contract awarded hereunder or any renewal order or determination made pursuant to this ordinance, except where such violation is without fault or through excusable neglect;
(2) 
The grantee becomes insolvent, unable or unwilling to pay its debts or is adjudged a bankrupt; or
(3) 
The grantee attempts to evade any of the provisions of this ordinance or practices any deceit upon the municipality.
C. 
Expiration.
(1) 
Upon the expiration of the normal term of any contract awarded pursuant to this contract, the municipality shall have the right, at its election, to:
(a) 
Renew the contract;
(b) 
Invite competitive proposals;
(c) 
Purchase the systems; or
(d) 
Exercise any other option which it deems appropriate.
(2) 
The grantee shall make it a condition of each contract entered into by it that the municipality shall have the right to exercise these options.
D. 
Renewal of extensions. Any contract awarded pursuant to the provisions of this ordinance may be renewed or extended by the municipality, upon application of the grantee in accordance with the then-existing rules of the FCC and the statutes of the State of New Jersey.
A. 
Establishment.
(1) 
Prior to awarding any contract hereunder, the Council and grantee shall agree upon, establish and fix all rates and charges allowable to the grantee for the following:
(a) 
Basic subscriber services.
(b) 
Nonbasic services.
(c) 
Advertising.
(d) 
Lease services.
(2) 
Once established, such rates and charges shall not be changed at any time after award of a contract, except after due notice and hearing as provided herein.
B. 
Limitation on rates. The charges made to subscribers for services of the grantee hereunder shall be fair, reasonable and nondiscriminatory. The grantee shall receive no consideration whatsoever from its subscribers for or in connection with its service to its subscribers other than in accordance with this section.
C. 
Rate schedules. Any applicant for cable communication contracts shall include in its application a detailed proposed schedule of rates and charges for the following:
(1) 
Basic subscriber services.
(2) 
Nonbasic services.
(3) 
Advertising rates and charges.
(4) 
Lease rates and charges.
D. 
Disconnection. There shall be no charge for disconnection of any of the installations or connections. If a subscriber has failed to pay a properly due monthly subscriber fee, 60 days after the due date of said fee, the grantee may cause disconnection of the subscriber's cable installation; however, upon payment in full of the delinquent monthly subscriber fee, the grantee shall promptly reinstate the subscriber's cable service without additional connection charges, unless the connection has been physically removed from the premises.
Initially, so-called "pay television," in which additional charges are assessed to subscribers for the privilege of selecting specific programs, is prohibited. So-called "pay television" will be permitted only with the permission of the Council.
A. 
The Council may require the grantee to maintain and file such reports, contracts and statements, including but not limited to ownership, accounting, auditing and operating statements, engineering reports and other data, which the Council shall deem necessary or appropriate to administer to the provisions of this ordinance.
B. 
The grantee shall provide annually to this Council:
(1) 
Copies of all other orders, rules, regulations or reports that are required to be filed with other regulatory agencies, including the state and federal government.
(2) 
An ownership report indicating all persons who at any time during the preceding year did control or benefit from an interest in the contract or the grantee of 1% or more and all creditors, secured and unsecured, in excess of $1,000.
All of the above information shall be deemed public documents and may be examined at reasonable times at written request.
(3) 
All correspondence among the operator and any of his agents and all regulators or other government agencies.
(4) 
All reports, applications and other documents sent to or required by any government agency.
(5) 
A list of complaints received by the cable operator or his agents for the preceding years of the term of the agent and the disposition thereof.
(6) 
A log of all requests for access time and the disposition of those requests.
(7) 
All financial records pertaining to the cable operation for the term of the grant.
A. 
All transmission and distribution structures, lines and equipment erected by the grantee within the municipality shall be located so as not to interfere with the proper use of streets, alleys and other public ways and places and to cause minimum interference with the rights or reasonable convenience of property owners who adjoin any of said streets, alleys, or other public ways and places and not to interfere with existing public utility installations. In all areas of the municipality where the cables, wires or other like facilities of public utilities are placed underground, the grantee shall place its cables, wires or other like facilities underground to the maximum extent existing technology reasonably permits. The grantee shall furnish to the file of the municipality maps, plats and permanent records of the location and character of all facilities contracted, including underground facilities.
B. 
In case of any disturbance of pavement, sidewalk, driveway or other surfacing, the grantee shall at his own expense and in the manner provided by the borough replace and restore all paving, sidewalk, driveway or other surface of any street or alley disturbed.
During the term of a cable television or cable communications 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, service, equipment malfunctions and similar matters. Such local business office shall be open to receive inquiries or complaints from subscribers during normal business hours and in no event less than 9:00 a.m. to 5:00 p.m., Monday through Friday. Any complaints received from subscribers other than service complaints shall be investigated at least within five business days of their receipt, and the results of such investigation shall promptly be made known to the subscriber. Complaint in the nature of service complaints shall be investigated and acted upon within five business days.
In addition to the terms and conditions of § A401-13, the office of the cable television company under contract is hereby designated as the "borough complaint office" to receive and act upon complaints by subscribers to cable television reception service pursuant to a franchise. The complaint officer is to receive and act upon complaints made by subscribers to cable television service of the franchise and otherwise to perform the duties of the complaint officer as provided by N.J.S.A. 48:5A-26. All complaints shall be received by the complaint officer, and he shall promptly notify the franchise of said complaints and within 30 days report in writing to the subscriber making a disposition of the matter. In order to expedite the settlement of complaints and to resolve disputes satisfactorily, the complaint officer shall establish written procedures and methods by which such complaints shall be received, processed, acted upon and resolved and decisions enforced.
[Amended 9-21-1993 by Ord. No. 93-25; 12-16-2003 by Ord. No. 2003-22; 8-10-2004 by Ord. No. 2004-14; 6-18-2013 by Ord. No. 2013-07]
The Borough hereby grants to Comcast renewal of 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 Borough of a cable television system or other communications facility, and for the provision of any communication service over such facilities. Operation and construction, pursuant to said consent, is conditioned upon prior approval of the Board of Public Utilities.
For the purpose of this ordinance the terms defined above shall have the meanings there indicated, and the following additional terms shall have the following meanings:
ACT or CABLE TELEVISION ACT
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.
APPLICATION
Comcast's application for renewal of municipal consent, which application is on file in the Borough Clerk's office and is incorporated herein by reference and made a part hereof, except as modified, changed, limited or altered by this ordinance.
BOARD
The Board of Public Utilities of the State of New Jersey or its successor agency.
BOROUGH
The governing body of the Borough of East Rutherford in the County of Bergen, and the State of New Jersey.
COMPANY
Comcast of the Meadowlands, LLC, the grantee of rights under this ordinance.
FCC
The Federal Communications Commission.
FEDERAL ACT
That federal statute relating to cable communications commonly known as the Cable Communications Policy Act of 1984, 47 U.S.C. § 521 et seq. and the Telecommunications Act of 1996, or as those statutes may be amended.
FEDERAL REGULATIONS
Those federal regulations relating to cable television services, 47 CFR 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 CFR Section 76.3), or as such regulations may be amended.
OCTV
The Office of Cable Television of the Board.
PRIMARY SERVICE AREA OR PSA
Consists of the area of the municipality currently served with existing plant as set forth in the map annexed to the company's application for municipal consent.
STANDARD INSTALLATION
The installation of drop cable to a customer's premises 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.
STATE
The State of New Jersey.
STATE REGULATIONS
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.
A public hearing concerning the consent herein granted to Comcast 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 Comcast to receive this consent, the Borough hereby finds Comcast possesses the necessary legal, technical, character, financial and other qualifications to support municipal consent, and that Comcast's operating and construction arrangements are adequate and feasible.
A. 
The nonexclusive municipal consent granted herein shall expire 15 years from the date of expiration of the previous certificate of approval issued by the Board.
B. 
In the event that the municipality shall find that the company has not substantially complied with the material terms and conditions of this ordinance, the municipality shall have the right to petition the OCTV, pursuant to N.J.S.A. 48:5A-47, for appropriate action, including modification and/or termination of the certificate of approval; provided, however, that the municipality shall first have given the company written notice of all alleged instances of noncompliance and an opportunity to cure same within 90 days of that notification.
Pursuant to the terms and conditions of the Act, Comcast shall, during each year of operation under the consent granted herein, pay to the Borough 2% of the gross revenues from all recurring charges in the nature of subscription fees paid by subscribers for cable television reception service in the Borough or any higher amount required by the Act or otherwise allowable by law, whichever is greater.
The consent granted under this ordinance to Comcast shall apply to the entirety of the Borough and any property hereafter annexed.
The company shall be required to proffer service to any residence or business along any public right-of-way in the primary service area, as set forth in the company's application. The company's line extension policy, as set forth in the company's application, shall govern any extension of plant beyond the primary service area.
Comcast shall perform construction and installation of its plant and facilities in accordance with applicable state and federal law. Comcast shall be subject to the following additional construction requirements with respect to the installation of its cable plant and facilities in the Borough:
A. 
In the event that Comcast or its agents shall disturb any pavement, street surfaces, sidewalks, driveways or other surfaces, Comcast shall at its sole expense restore and replace such disturbances in as good a condition as existed prior to the commencement of said work.
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, Comcast, upon reasonable notice by the Borough, shall remove or relocate its equipment, at Comcast's expense.
C. 
Upon request of the Borough or a person holding a building or moving permit issued by the Borough, Comcast 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. Except as otherwise provided in this subsection, the expense of any such temporary removal or relocation shall be paid by Comcast. In such cases, Comcast shall be given not less than 14 days' prior written notice in order to arrange for the changes required. Whenever the request is made by, for, or on behalf of private parties, the cost will be borne by those same parties.
D. 
During the exercise of its rights and privileges under this consent, Comcast shall have the authority, at its sole expense, to trim trees upon and overhanging streets, alleys, sidewalks and public places of the Borough so as to prevent the branches of such trees from coming in contact with the wires, cables, conduits and fixtures of Comcast. Such trimming shall be only to the extent necessary to maintain proper clearance for Comcast's facilities. Except as provided in Subsection E, no such trimming shall occur without at least 14 days' prior written notice to the Borough Clerk. Such notice shall include the name and address of the certified tree expert performing such work and the location of the trimming and a description of the trimming to be performed.
E. 
Where because of an emergency tree trimming must occur with less than 14 days' prior written notice, Comcast shall notify the Chief of Police, or his designee, in the most expeditious means possible. The Chief, or his designee, shall notify the Mayor and the Chairman of the Council committee having jurisdiction over the trees to be trimmed. In such a circumstance, either the Mayor or the Council committee Chairman may grant emergency permission to Comcast to trim such trees. In no event shall the permission granted exceed the scope of trimming necessary to satisfy the emergent conditions.
In providing services to its customers, Comcast shall comply with N.J.A.C. 14:18-1 et seq., and all applicable state and federal statutes and regulations. Comcast shall meet or exceed all voluntary company and industry standards in the delivery of customer service and shall be prepared to report on it to the community upon written request of the Borough Administrator or Clerk.
A. 
Comcast shall continue to comply fully with all applicable state and federal statutes and regulations regarding credits for outages, the reporting of same to regulatory agencies and notification of same to customers.
B. 
Comcast shall continue to fully comply with all applicable state and federal statutes and regulations regarding the availability of devices for the hearing impaired and the notification of same to customers.
C. 
Comcast shall use every effort to meet or exceed voluntary standards for telephone accessibility developed by the National Cable Television Association (NCTA). Those standards shall include, but not be limited to, the goal of answering 80% of incoming telephone calls within 30 seconds.
D. 
Nothing herein shall impair the right of any subscriber or the municipality to express any comment with respect to telephone accessibility to the complaint officer or impair the right of the complaint officer to take any action that is appropriate under law.
E. 
Comcast is permitted, but is not required, to charge a late fee consistent with applicable state and federal statutes and regulations.
The OCTV is hereby designated as the complaint officer for the Borough 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. The Borough shall have the right to receive, within seven days' request or within such other time as may be provided by the OCTV, copies of records and reports pertaining to complaints by Borough customers from the OCTV.
A. 
Comcast 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.
B. 
Telephone response for such purposes as mentioned herein will be provided by Comcast's employees, representatives or agents 24 hours per day.
C. 
The telephone number and address of the local office shall be listed in applicable telephone directories and in correspondence from the company to the customer. The telephone number for the local office shall utilize an exchange that is a non-toll call for Borough residents.
Comcast shall obtain and maintain, at its sole cost and expense, during the entire term of this agreement, a bond to the municipality in the amount of $25,000. Such bond shall be to insure the faithful performance of its obligations as provided in this franchise.
The rates of Comcast for cable television services shall be subject to regulation to the extent permitted by federal and state law.
A. 
Comcast shall continue to provide residents with a system-wide public access channel maintained by Comcast. Qualified individuals and organizations may utilize public access for the purpose of cablecasting noncommercial access programming in conformance with Comcast's published public access rules. Comcast shall not exercise editorial control over any educational or governmental use of PEG channel capacity, except Comcast may refuse to transmit any educational or governmental access program or portion of an educational or governmental access program that contains obscenity, indecency, or nudity.
B. 
Comcast shall continue to provide a system-wide leased access channel maintained by Comcast for the purpose of cablecasting commercial access programming in conformance with Comcast's guideline and applicable state and federal statutes and regulations.
C. 
Comcast shall take any steps that are necessary to ensure that the signals originated on the access channels are carried without material degradation, and with a signal whose quality is equal to that of the other standard channels that Comcast transmits.
D. 
The Communications Act of 1934, as amended [47 U.S.C. § 543 (b)], allows Comcast to itemize and/or identify: 1) the amount on the subscriber bill assessed as a franchise fee and the identity of the governmental authority to which the fee is paid; 2) the amount on the bill assessed to satisfy any requirements imposed on Comcast by the cable franchise to support public, educational, and/or governmental access channels or the use of such channels; and 3) any grants or other fees on the bill or any tax, assessment, or charge of any kind imposed by any governmental authority on the transaction between the operator and the subscriber. Comcast reserves these external cost pass-through rights to the extent permitted by law.
A. 
Comcast shall continue to provide standard installation and basic cable television service on one outlet at no cost to each school in the Borough, public and private, elementary, intermediate and secondary, provided the school is within 200 feet of active cable distribution plant. Each additional outlet installed, if any, shall be paid for on a materials plus labor basis by the school requesting service. Monthly service charges, except equipment, shall be waived on all additional outlets.
B. 
Comcast shall continue to provide standard installation and basic cable television service at no cost on one outlet in the municipal building and in each of the following: civic center, fire stations, first aid squad, public library, public works building and each other Borough-owned buildings that are located in or may be constructed within the Borough, provided the facility is located within 200 feet of active cable distribution plant. Each additional outlet installed, if any, shall be paid for on a materials and equipment plus labor basis by the Borough. Monthly service charges, except equipment, shall be waived on all additional outlets.
C. 
Comcast shall provide, free of charge, one non-networked cable modem and monthly Internet service to each school in the Borough, public and private, elementary, intermediate and secondary and to the public library. The Internet service provided herein must be available to student and patron use and cannot be limited to administrative uses. All facilities must be located with 200 feet of active cable distribution plant.
D. 
Within six months of the issuance of a renewal certificate of approval from the Board, the company shall provide to the Borough a one-time grant in the amount of $32,500 for technology and access related needs.
A. 
Comcast 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 Borough pursuant to state and federal requirements.
B. 
Comcast shall in no way be held liable for any injury suffered by the Borough, 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 Borough shall utilize the state-approved procedures for such emergency uses.
Should the Borough grant a franchise to construct, operate and maintain a cable television system to any other person, corporation or entity on terms materially less burdensome or more favorable than the terms contained herein, the company may substitute such language that is more favorable or less burdensome for the comparable provision of the ordinance, subject to the provisions of N.J.A.C. 14:17-6.7.
Comcast shall at all times maintain a comprehensive general liability insurance policy with a single limit amount of $1,000,000 covering liability for any death, personal injury, property damages or other liability arising out of its construction and operation of the cable television system, and an excess liability (or "umbrella") policy in the amount of $5,000,000.
If Comcast seeks successive consent, it shall, prior to the expiration of this consent, apply for a municipal consent and certificate of approval in accordance with 48:5A-16, and applicable state and federal rules and regulations. In accordance with N.J.S.A. 48:5A-25.1, both the Borough and Comcast shall be bound by the terms of this municipal consent until such time as Comcast either renews this municipal consent or converts its franchise into a system-wide franchise.
All of the commitments contained in the application and any amendment thereto submitted in writing to the Borough by the company, except as modified herein, are binding upon Comcast as terms and conditions of this consent. The application and any other written amendments thereto submitted by Comcast 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.
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.
Nothing in this ordinance, the franchise relationship or in any prior agreement is or was intended to confer third-party beneficiary status on any member of the public to enforce the terms of such agreements or franchise.
A. 
This ordinance shall take effect upon:
(1) 
Passage, and publication as required by law; and
(2) 
Issuance of a Certificate of Approval as issued by the Board of Public Utilities that incorporates the material terms of this ordinance.
B. 
Nothing herein shall alter the right of Comcast, if any, to seek modification of this ordinance in accordance with N.J.A.C. 14:17-6.7.