[HISTORY: Adopted by the Township Committee of the Township of Rochelle
Park 10-21-1998 by Ord. No. 783-98. Amendments noted where applicable.]
For the purpose of this ordinance,[1] the terms defined above[2] shall have the meanings there indicated, and the following additional
terms shall have the following meanings:
The Board of Public Utilities of the State of New Jersey.
The commitments, terms and undertakings on the part of TCI set forth in § A213-9 below.
The grantee of the rights under this ordinance and known as "Cablevision
of Oakland, Inc."
That federal statute relating to cable communications known as the
"Cable Communications Policy Act of 1984," 47 U.S.C. § 521 et seq.,
or as the statute may be amended.
Those federal regulations relating to cable television service, 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 76.3), or as such regulations may be amended.
The municipality of Rochelle Park, County of Bergen, in the State
of New Jersey.
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., or as that
statute may be amended.
Those regulations of the State of New Jersey Board of Regulatory
Commission relating to cable television, N.J.A.C. 14:17-1.1 et seq. and 14:18-1.1
et seq., or as such regulations may be amended.
A public hearing concerning the consent herein granted to the company
was held after proper public notice pursuant to law. Said hearing having been
fully opened 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 that the company possesses the necessary legal,
technical, character, financial and other qualifications, and that the company's
operating the construction arrangements are adequate and feasible.
The municipality hereby consents to a renewal of the franchise, subject
to the terms and conditions of this ordinance and upon the condition that
the company accept the provisions of this ordinance and confirm, in writing,
that it shall comply with all of the commitments.
At the time this municipal consent becomes effective (as provided in § A213-28 below), and for and throughout the renewal term (as defined in § A213-5 below), the municipality shall renew and continue its consent for the company 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.
[Amended 7-21-2004 by Ord. No. 910-04]
The consent herein granted shall expire on November 9, 2013, 15 years
from the expiration date of the previous certificate of approval 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-1 et seq. 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.
The consent granted under this ordinance to the renewal of the franchise
shall apply to the entirety of the municipality and any property hereafter
annexed hereto.
A.
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 such other
amount as may be fixed by law.
B.
In the event applicable law hereafter permits a larger
franchise fee to be collected, but does not fix the amount thereof, the municipality
and the company shall negotiate in good faith with respect to the amount thereof.
The company shall be required to offer service along any public right-of-way
to any person's residence or business located in the municipality, in accordance
with the proposal for the provision of services as described in the application.
Any additional extension of the system will be made in accordance with the
proposal as set forth in the application.
A.
In transmitting its television signals to subscribers
in the municipality, the company shall provide a quality of signal that is
at least as good as that customarily provided under prevailing industry standards,
and the company shall comply with any requirements imposed by the federal
regulations, and any federal pronouncements, and (to the extent not preempted
by federal law) any state pronouncements relating to technical standards for
the transmission of television signals, transmission quality or facilities
and equipment.
B.
The company agrees that it will provide such programming
and services consistent with the company's application as herein defined and
any additional services that the company believes are in the public interest
and in compliance with applicable law.
C.
The company shall maintain all parts of the system in
good working order at all times and shall respond to all service calls and
correct malfunctions as promptly as possible, on a seven-day-per-week basis.
D.
The company shall cause any and all construction plans
relating to work on any extensions of the company's plant or work which could
have a significant impact on public works within the municipality to be filed
with the municipality's Engineer. Nothing herein shall create any rights or
obligations with respect to construction work which are inconsistent with
any regulations or regulatory authority of the OCT or the Board.
E.
In order to maintain its level of telephone accessibility
for calls relating to maintenance and repairs ("service") and to improve it
for calls relating to installation, addition or deletion of programming services
and other customer inquiries ("business"), the company shall do the following:
(1)
The company shall comply with any and all requirements
of the OCT or other regulatory bodies with respect to telephone accessibility,
facilities and personnel and shall use its best efforts to comply with any
OCT guidelines relating to the foregoing.
(2)
Nothing herein shall impair the right of any subscriber or the municipality to express any comment or complaint with respect to telephone accessibility to the Complaint Officer (as designated in § A213-11 hereof) or impair the right of the Complaint Officer to take any action which is appropriate under law.
Notwithstanding any specific mention of applicable federal or state
statutes or regulations above, the company shall comply with all applicable
requirements of the federal act, the federal regulations, the state act and
regulations (to the extent not preempted) and any other valid statute, regulation,
rule or promulgation, specifically including, but without limitation, those
relating to equal employment opportunity.
A.
Restoration. In the event that the company or its agents
shall disturb any pavement, street surfaces, sidewalks, driveways or other
surfaces in the nature topography, the company shall, at it 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.
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 at its expense remove, re-lay and relocate its equipment.
C.
Temporary removal of cables. The company shall, upon
request of the municipality, at the company's expense, temporarily raise,
lower or remove its lines and/or equipment in order to facilitate the moving
of buildings or machinery or in other like circumstances; provided, however,
that if such request is occasioned or necessitated as a result of any nonmunicipal
work or projects of any kind by a third party(ies), then and in such event,
the cost and expense for the company to temporarily raise, lower or remove
its lines and/or equipment to facilitate the moving of any buildings or machinery
or in other like circumstances, shall be borne directly by such third party(ies).
D.
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 such trees
from coming in contact with the wires and cables of the company. Such trimming
shall be performed only after approval by the Township Forester and only to
the extent necessary to maintain proper clearance for the company wires and
cables. The company will be allowed to trim trees without approval in emergency
situations or where it may place the company in violation of other regulatory
requirements.
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. 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., Monday through Friday.
The OCT is hereby designated as the Complaint Officer for the municipality
pursuant to N.J.S.A. 48:5A-26(b). All complaints shall be received and processed
in accordance with N.J.A.C. 14:17-6.5 (recodified from N.J.A.C. 14:17-7.1
to 14:17-6.5).
A.
Although nothing herein shall require the company to
carry or transmit any particular television stations or programming source,
the company shall provide the subscribers in the municipality with at least
the same broad categories of programming, in approximately the same quantity,
as are now provided and which appear in the application.
B.
The company shall comply with any state law or regulation
and shall use its best efforts to comply with any guideline, with respect
to maintaining space for a statewide interconnect channel.
The company shall be required to complete any proposed construction
within the service area described in the application.
To secure its faithful performance of its obligations under a renewal
of the franchise during the renewal term, the company shall provide a performance
bond in the penal sum of $25,000. Such bond shall specifically secure the
faithful performance of all undertakings of the company as represented in
the application and in the commitments. The municipality reserves the right
by resolution to require a reasonable increase in the amount of said bond,
subject to review by the OCT and approval by the Board.
A.
The company shall provide the installation of one outlet
and basic monthly service to each school, library and the following municipal
buildings in the municipality, free of charge: Borough Hall, D.P.W. Office,
Municipal Annex, Fire Headquarters and Ambulance Building. Each additional
outlet installation shall be paid for by the institution on a materials-plus-labor
basis. Monthly services on such additional outlets shall be charged at the
regular tariffed rates for additional outlets.
B.
In consideration of a ten-year franchise, Cablevision
of Oakland shall offer the the following equipment to the Township of Rochelle
Park for use in the production of public access television, per attached letter
of September 21, 1998:
C.
All of this equipment will be provided free of charge
by Cablevision of Oakland. The use of this equipment will enable the township
to cablecast character-generated messages on the cablevision access channel.
D.
Upon written request from the Township, the company shall provide
to state and locally accredited elementary and secondary schools and municipal
public libraries in the Township, without charge, the following: one standard
installation per school or library; one cable modem per installation; and
basic cable modem service for the term of this ordinance for each installation.
Each school and library shall be permitted, at its own cost, to network up
to 25 computers to the cable modem provided by Cablevision. This offer shall
be subject to the terms, conditions and use policies of the company, as those
policies may exist from time to time.
[Added 7-21-2004 by Ord. No. 910-04]
E.
Upon written request from the Township, the company shall provide
to the Township’s Town Hall, without charge, the following: one standard
installation; one cable modem per installation; and basic cable modem service
for the term of this ordinance for each installation. The Township shall be
permitted to network, at its own cost, four personal computers to the cable
modem provided by Cablevision. This offer shall be subject to the terms, conditions
and use policies of the company as those policies may exist from time to time.”
[Added 7-21-2004 by Ord. No. 910-04]
F.
In consideration for the rights granted by this ordinance, Cablevision
shall provide a one-time grant of $3,000 to be used by the Township toward
the purchase of PEG access programming and production equipment. The equipment
purchased shall be under the exclusive control of the Township, and may be
used solely for noncommercial programming by the Township, its residents and
schools, for the benefit of Cablevision subscribers within the municipality.
[Added 7-21-2004 by Ord. No. 910-04]
The company shall provide access time to noncommercial public, governmental
and educational entities in the municipality on its local access channels
for noncommercial use as set forth in the application filed with the municipality.
The municipality will not regulate the rates the company may charge
subscribers for its service, provided that, in the event the federal act or
other applicable law hereafter is amended to permit the exercise of regulatory
power over rates by municipalities, the municipality reserves the right to
exercise the maximum power permitted by law.
The company shall be required to have the capability to override at
the headend the audio portion of the system in order to permit the broadcasting
of emergency messages by municipal governing bodies.
The company 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 damage 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 $10,000. The municipality
shall be named as an additional insured under said policy.
All of the statements and commitments 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
to the extent they do not conflict with the state and federal law.
[1]
Editor's Note: Former § A213-24, Number of subscribers irrelevant,
was repealed 4-21-1999 by Ord. No. 791-99.
If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held invalid, preempted or unconstitutional by
any court or federal or state agency of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision of this ordinance,
and such holding shall not affect the validity of the remaining portions hereof.
Should any of the federal or state statutes, regulations or pronouncements
applicable to the regulation of cable television be modified in any way, such
modifications, to the extent they embody required terms and conditions and
meaningfully can be incorporated into this ordinance, shall be so incorporated,
consistent with any applicable effective dates specified in such modification.
To the extent that any such modification places limits on permissible terms
and conditions, and any provision of this ordinance becomes invalid by virtue
of such modification, the preceding section shall apply.
All ordinances or parts of ordinances that are inconsistent with the
provisions of this ordinance are hereby repealed, but only to the extent of
such inconsistencies.
A.
This municipal consent shall become effective as of the
date upon which the municipality receives written notification that the company
accepts the provisions of this ordinance, including the commitments.
B.
This ordinance shall take effect immediately upon final
passage and publication, pursuant to law.
A.
Favorable terms. In the event that the township approves
or permits a cable system to operate in the municipality on terms more favorable
or less burdensome than those contained in this franchise, such more favorable
or less burdensome terms shall be applicable in this franchise.
B.
Request for nonfranchised competitive relief. In the
event that a nonfranchised multichannel video programmer provides services
to residents of the municipality, the company shall have a right to request
franchise amendments that relieve the company of regulatory burdens that create
a competitive disadvantage to the company. In requesting amendments, the company
shall file a petition seeking to amend the franchise. Such petition shall
indicate the presence of a nonfranchised competitor(s); identify the basis
for the company's belief that a certain provision of this franchise places
the company at a competitive disadvantage; and identify the regulatory burdens
to be amended or repealed in order to eliminate the competitive disadvantage.
The township shall not unreasonably withhold granting the company's petition
and so amending the franchise.
C.
Removal of facilities. Upon expiration, termination or
revocation of this franchise, the company, at its sole cost and expense and
upon the direction of the township, shall remove the cables and appurtenant
devices constructed or maintained in connection with the services authorized
herein, unless the company, its affiliated entities or assigns should within
six months after such expiration, termination or revocation obtain certification
from the FCC to operate an open video system, or any other federal or state
certification to provide telecommunication services.
[Added 7-21-2004 by Ord. No. 910-04]
Cablevision shall implement a senior citizen discount in the amount
of 10% off the monthly rate of the broadcast basic level of cable television
reception service to any person 62 years of age or older who subscribes to
the company’s cable television service, subject to the following: such
discount shall only be available to eligible senior citizens who do not share
the subscription with more than one person in the same household who is less
than 62 years of age; in accordance with N.J.S.A. 48:5A-11.2, subscribers
seeking eligibility for the discount must meet the income and residence requirements
of the Pharmaceutical Assistance to the Aged and Disabled program pursuant
to N.J.S.A. 30:4D-21; the senior discount herein relates only to the broadcast
basic level of cable television service, and shall not apply to any additional
service, feature, or equipment offered by the company, including any premium
channel services and pay-per-view services; and senior citizens who subscribe
to a level of cable television service beyond expanded basic service, including
any premium or per-channel a la carte service, shall not be eligible for the
discount.
