Chapter 101. Cable Television

CHAPTER 101. CABLE TELEVISION

§ 101-1. Definitions

§ 101-2. Statement of Findings

§ 101-3. Purpose

§ 101-4 Consent to Renewal of Franchise

§ 101-5. Renewal Term

§ 101-6. Franchise Territory

§ 101-7. Franchise Fee.

§ 101-8. Extension of Service

§ 101-9. Commitments

§ 101-10. Construction requirements.

§ 101-11. Local Office.

§ 101-12. Municipal Complaint Officer.

§ 101-13. Performance Bond.

§ 101-14. Rates for CATV reception service.

§ 101-15. Emergency Uses.

§ 101-16. Facilities for access to system.

§ 101-17. Interconnection

§ 101-18. Two-way Service.

§ 101-19. Liability Insurance.

§ 101-20. Incorporation of application.

§ 101-21. Amendments

§ 101-22. Severability

§ 101-23. Consistency with Future Federal and State Statutes, Regulations, Rules and Orders

§ 101-24. Written Acceptance of Company Required

§ 101-25. Effective Date

[HISTORY: Adopted by the Township Council of the Township of Gloucester June 16, 1978 by Ordinance No. 0-78-13. Amendments noted where applica­ble.]

[Amended on August 23, 1993 by Ord. 0-93-18]

Be it ordained by the Township Council of the Township of Glou­cester, in the County of Camden and State of New Jersey, as follows:

§ 101-1. DEFINITIONS.

For the purpose of this ordinance, the terms defined above and in the body of the Ordinance, shall have the following meanings:

TOWNSHIP - is the Municipality of the Township of Gloucester, County of Camden, in the State of New Jersey.

FEDERAL ACT - is the Federal Statute known as the Cable Communication Policy Act of 1984, 47 U.S.C. Sec. 521, and any amendments thereto.

FEDERAL REGULATIONS - are the Federal Regulations relating to cable television service, 47 Mr. Carlamere .F.R. Sec. 76.1 et seq., or as such regulations may be amended.

STATE ACT - is the Cable Television Act, N.J.S.A. 48:5A-1 et seq., and any amendments thereto.

STATE REGULATIONS - are those regulations of the Board of regulatory commissioners, N.J.A.C. 14:17-1.1 et seq., and any amendments thereto.

BOARD - is the Board of Regulatory Commissioners of the State of New Jersey.

COMPANY - is the Garden State Cablevision L.P. (d/b/a - Garden State Cable TV).

OCTV - is the Office of Cable Television.

COMMITMENTS - shall mean the comitments, terms and undertakings set forth in this Ordinance.

§ 101-2. Statement of findings.

The Township Council has engaged in certain investigation and review of the Company's performance as well as the Township's cable needs, including communication with the Company to determine the Company's plans for the future. Thereafter, the Township Council held an open public hearing, pursuant to public notice as required by law, and all comments having been considered by theCouncil, the Council then made the following finding:

A. That the Company has substantially complied with the obligations under the law and franchise previously granted, and has no reason to believe that the Company will not continue to so provide in the future under a renewal of the franchise agreement;

B. that if the Company undertakes the commitments, and performs thereunder, the Township's future cable related needs will be met.

§ 101-3 Purpose

The Township 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 will comply with all of the commitments.

§ 101-4. Consent to Renewal of Franchise.

At the time the Township consent becomes effective, and for and throughout the renewal term, the Township 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 Township poles, wires, cables, underground conduits, manholes and other television conductors and fixtures necessary for the maintenance and operation in the Township of a cable television and cable communication system.

The Franchise granted hereunder is expressly conditioned upon the reservation by theTownship of the right through its proper officer, to grant toother prsons or coproations, rights, privileges, or authority similar to the right, privileges, and authority herein set forth, in the same or other strees and public ways or public places.

§ 101-5. Renewal Term

The Renewal Term to which the Township shall grant its consent shall be for a period of fifteen (15) years, running from September 8, 1993 to September 7, 2008.

§ 101-6. Franchise Territory.

The consent granted under this Ordinance to the renewal of the Franchise shall apply to the entirety of the Township and any property hereafter annexed hereto.

§ 101-7. Franchise Fee.

The Company shall, during each year of operation under the renewal consent granted herein, pay to the Township two percent (2%) subscription fees paid by subscribers to its cable television reception service in the Township, or such other amount as may be fixed by law.

In the event that applicable law hereinafter permits a larger franchise fee to be collected the Township and the Company shall negotiate in good faith with respect to the amount thereof.

§ 101-8. Extension of Service.

The Company shall be required to proffer service to any person's residence or business located in the Township, in accordance with any line extension policy hereinafter promulgated as a regualtion of the "OCTV", and to the extent not inconsistent with any federal or sate law, regulation or other pronouncement, the Company sated installation charges and line extension policy as set forth in theapplication or as the same may be amended.

§ 101-9. Commitments.

The Township's consent to the renewal of the Franchise is subject to and contingent upon the Company's written undertakings and statement that it accepts the provisions of this Ordinance as to the following:

A. The Company shall provide no later than March 31, 1994, a fiber optic return carrier from Highland High School to the Company's headend for the purpose of enabling the Highland High School studio to program the Educational/Governmental Access channel, currently Channel 18, serving Black Horse Pike Regional School District sending communities.[Amended by Ord. 0-95-41 on 9-11-95]

B. Effective with the completion of the Company's Gloucester Trunk and at the request of the Township, another fiber return carrier will be provided from Triton High School to the Company's headend. The second shared Educational/Governmental access channel will also be added at this time. The second Educational/Governmental access channel is provided to prevent Educational/Governmental access changel sharing problems with bordering school districts. The second Educational/Governmental access channel will permit exclusive use of the channel by the Educational and Governmental users of the Black Horse Pike Regional School District and its three sending district communities. This upgrade (the fiber return carrier provided from Triton High School, if requested, and the second shared access channel) will be provided by the end of the second quarter of 1996.

[Amended by Ord. 0-95-41 on 9-11-95]

C. The Company shall have completed an upgrade of the system, insofar as it serves the Township of Gloucester, to the extent that it shall be capable of carrying no less than 73 channels. The Company shall use its best efforts to complete such upgrade by June 30, 1996.

D. In transmitting its television signals to subscribers in the Township of Gloucester, 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 Fedral Regulations, 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 faciltities and equipment.

§ 101-10. Construction requirements.

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-lay and relocate its equipment, at the expense of the Company.

Temporary Removal of Cables: The Company shall, upon request of the Municipality, at the Company's expense, temporarily raise, lower or remove its lines in order to facilitate the moving of buildings or machinery or in other like circumstances. If such a request is made to the Company by someone other than the munic­ipality, the person requesting this action shall bear the costs of any action by the Company to satisfy the request.

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 contract 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 wires and cables.

§ 101-11. Local Office.

During the terms 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 am to 5:00 pm, Monday through Friday.

§ 101-12. Municipal Complaint Officer.

The Office of Cable Television is hereby designated as the complaint officer for the Township of Gloucester pursuant to N.J.S.A. 48:5A-26b. All complaints shall be received and processed in accordance with N.J.A.C. 14:17-7.1.

§ 101-13. Performance Bond.

During the period of this Consent the Company shall give a bond to the Township of Gloucester which bond shall be in the amount of Twenty Five Thousand ($25,000.00) Dollars. Such bond shall be to insure the faithful performance of all undertakings of the Company as represented in its application for municipal consent incorporat­ed herein.

The Township reserves the right by resolution to require a reasonable increase in the amount of the bond, subject to review by the "OCTV" and approval by the Board.

§ 101-14. Rates for CATV reception service.

The Municipality having determined the rates proposed in the application for cable television reception service are reasonable approves them as presented. In the event there shall be the passage of any law permitting preferred rates for senior citizens, such preferred rates shall be made available to the senior citizens of the municipality.

Althought the Township may not presently regulate the rates the Company may charge subscribers for its service, in the event that the Federal Act or other applicable law hereafter prmits the exercise of regulatory power over rates by Municipalities, the Township reserves the right toexercise the maximum power permitted by law.

§ 101-15. Emergency uses.

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 the municipal governing body.

§ 101-16. Facilities for access to system.

In the event that the Municipality determines that it is necessary and feasible for it to contract with the Company for the purpose of providing other specialized services, then the Company shall be required to apply to the Board and the F.C.C. for approval to enter into and establish the terms and conditions of such contract. All costs for such application to the Board and the F.C.C. shall be borne by the Contractee.

§ 101-17. Interconnection.

In the event that the Municipality determines that it is necessary and feasible for it to contract with the Company for the purposes of providing interconnection services, the Company shall be required to apply to the Board and the F.C.C. for approval to enter into and establish the terms and conditions of such contract. All costs for such application to the Board and the F.C.C. shall be borne by the Contractee.

§ 101-18. Two-way services.

In the event that the Municipality determines that it is necessary and feasible for it to contract with the Company for the purpose of providing two-way service and except to the extent State regulation is preempted by the Federal Communications Commission, the Company shall be required to apply to the Board for approval to enter into and establish the terms and conditions of such contract.

All costs for such application shall be borne by the Contractee. The Municipality and the Company hereby acknowledge that State regulation of two-way cable television services has been pre-empted by the Federal Communications Commission, with the exception of State regulation of point-to-point intrastate nonvideo trans­mission.

§ 101-19. Liability

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 death, personal injry, property damage or other liability arising out of its operation or construction of the cable television system, as well as an excess liability policy in the amount of $10,000,000. the Township shall be named as added insured on the policy.

§ 101-20. Incorporation of application.

All of the written commitments contained in the written application, as amended except as modified herein, and all re­presen­tations, made at the public hearings by the Company are to be considered to be binding upon the applicant as the terms and conditions of this consent and that application shall be annexed hereto and made a part of hereof by reference. Any provision of the application which conflicts with the Act and/or the Federal Commu­nications Commission's Rules and Regulations shall be construed as effective under the terms of this grant and considered to be unenforceable.

§ 101-21 Amendments

Subject to the requirements of the Federal Act and approval by the Board which must be obtained pursuant to N.J.A.C. 14:17-6.6, the Municipality reserves the power to amend any portion of this ordinance after public hearing for the purpose of requiring reasonable additions or greater standards of construction, operation, maintenance or otherwise on the part of Garden State Cable TV. Said amendments shall be feasible and within the economic capabilities of Garden State Cable TV and with their Agreement.

§ 101-22. Severability.

If any section, sub-section, sentence, clause, phrase, or portion of this Ordinance 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.

§ 101-23. Consistency with future Federal and State Rules Regulations and orders.

It is understood that should any State or Federal Agency or body modify, change or alter any of its provisions with respect to cable television generally, such modification, changes or alterations shall be incorporated into this consent with the applicable dates specified in the change.

§ 101-24. Written acceptance of company required.

The Company shall accept the Municipal consent as contained in this ordinance with all the terms and conditions therein provided, in writing within ten (10) days of the effective date thereof, as hereinafter provided, otherwise such consent shall be void.

§ 101-25 Effective date of Ordinance.

This Ordinance shall become effective twenty (20) days after final passage and publication as required by law.