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Councilman Presents the following Ordinance Seconded by Councilman
AN ORDINANCE GRANTING RENEWAL OF MUNICIPAL CONSENT TO
COMCAST OF NEW JERSEY II, LLC, TO CONSTRUCT, CONNECT,
OPERATE AND MAINTAIN A CABLE TELEVISION AND
COMMUNICATIONS SYSTEM IN THE BOROUGH OF CARTERET,
NEW JERSEY, COUNTY OF MIDDLESEX.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE BOROUGH OF
CARTERET, AS FOLLOWS:
SECTION 1. PURPOSE OF THE ORDINANCE
The Borough of Carteret hereby grants to Comcast of New Jersey II, LLC renewal
of its non - exclusive Municipal Consent to place in, upon, across, above, over and under
highways, streets, alleys, sidewalks, easements, public ways and public places in the
municipality, poles, wires, cables, underground conduits, manholes and other television
conductors, fixtures, apparatus and equipment as may be necessary for the construction,
operation and maintenance in the Borough of a cable television and communications
system.
SECTION 2. DEFINITIONS
For the purpose of this Ordinance, 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 of the Federal Communications Commission ( "FCC ")
rules and regulations, 47 C.F.R. Subsection 76.1 et sea. and the Cable Communications
Policy Act, 47 U.S.C. Section 521 et sea. as amended, and the Cable Television Act,
N.J.S.A 48:5A -1 et sea., and shall in no way be construed to broaden, alter or conflict
with the federal and state definitions:
a. "City" or "Municipality" or "Borough" is the Borough of Carteret, County of
Middlesex, State of New Jersey.
b. "Company" is the grantee of rights under this Ordinance and is known as Comcast
of New Jersey II, LLC.
C. "Act" or "Cable Television Act" is Chapter 186 of the General Laws of New
Jersey, and subsequent amendments thereto, N.J.S.A. 48:5A -1, e"se
d. "FCC" is the Federal Communications Commission.
e. "Board" or "BPU" is the Board of Public Utilities, State of New Jersey.
f. "Office" or "OCTV" is the Office of Cable Television of the Board.
g. "Basic Cable Service" means any service tier, which includes the retransmission
of local television broadcast signals as defined by the FCC.
h. "Application" is the Company's Application for Renewal of Municipal Consent.
i. "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.
SECTION 3. STATEMENT OF FINDINGS
NO. 16-10
PAGE 2
Public hearings conducted by the Borough, concerning the renewal of Municipal
Consent herein granted to the Company were held after proper public notice pursuant to
the terms and conditions of the Act and the regulations of the Board adopted pursuant
thereto. Said hearings, having been fully open to the public, and the municipality, having
received at said public hearings all comments regarding the qualifications of the
Company to receive this renewal of Municipal Consent, 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.
SECTION 4. DURATION OF FRANCHISE
The non - exclusive Municipal Consent granted herein shall expire 15 years from
the date of the issuance of a renewal Certificate of Approval issued by the Board.
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 non - compliance and an opportunity to cure same
within ninety (90) days of that notification.
SECTION 5. FRANCHISE FEE
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 two percent
(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 Municipality or any
higher amount required by the Act or otherwise allowable by law, whichever is greater.
SECTION 6. FRANCHISE TERRITORY
The consent granted under this Ordinance to the renewal of the franchise shall
apply to the entirety of the Municipality and any property subsequently annexed hereto.
SECTION 7. EXTENSION OF SERVICE
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.
SECTION 8. CONSTRUCTION REQUIREMENTS
Restoration: In the event that the Company or its agents shall disturb any
pavement, street surfaces, sidewalks, driveways, or other surface in the natural
topography, the Company shall, at its sole expense, restore and replace such places or
things so disturbed in as good a 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 or relocate its equipment, at
the expense of the Company.
NO. 16-10
PAGE 3
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 or other public places of the municipality so as to
prevent the branches of such trees from coming in contact with the wires and cable of the
Company. Such trimming shall be only to the extent necessary to maintain proper
clearance of the Company's wire and cables.
SECTION 9. CUSTOMER SERVICE
In providing services to its customers, the Company shall comply with N.J.A.C.
14:18 -1, et sea and all applicable state and federal statutes and regulations. The
Company shall strive to 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 municipality
upon written request of the Municipality Administrator or Clerk.
a. The Company shall continue to comply fully with all applicable state and federal
statutes and regulations regarding credit for outages, the reporting of same to
regulatory agencies and notification of same to customers.
b. The Company 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. The Company shall use every reasonable effort to meet or exceed voluntary standards
for telephone accessibility developed by the National Cable Television Association
(NCTA).
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 permitted under
law.
SECTION 10. MUNICIPAL COMPLAINT OFFICER
The Office of Cable Television is hereby designed 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. The Municipality shall have the right to
request copies of records and reports pertaining to complaints by Municipality customers
from the OCTV.
SECTION 11. LOCAL OFFICE
During the term of this franchise, and any renewal thereof, the Company shall
maintain a business office or agent in accordance with N.J.A.C 14:18 -5.1 for the purpose
of receiving, investigating and resolving all local complaints regarding the quality of
service, equipment malfunctions, and similar matters. Such a business office shall have a
publicly listed toll -free telephone number and be open during standard business hours,
and in no event (excepting emergent circumstances) less than 9:00 A.M. to 5:00 P.M.,
Monday through Friday.
SECTION 12. PERFORMANCE BOND
During the life of the franchise the Company shall give to the municipality a bond
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.
SECTION 13. SUBSCRIBER RATES
No. 16 -10
PAGE 4
The rates of the Company shall be subject to regulation as permitted by federal
and state law.
SECTION 14. PUBLIC, EDUCATIONAL AND GOVERNMENTAL
ACCESS
a. The Company shall continue to provide residents with a system -wide public
access channel maintained by the Company. Qualified individuals and
organizations may utilize public access for the purpose of cablecasting non-
commercial access programming in conformance with the Company's published
public access rules.
b. The Company shall continue to provide a system -wide leased access channel
maintained by the Company for the purpose of cablecasting commercial access
programming in conformance with the Company's guideline and applicable state
and federal statutes and regulations.
C. The Company shall continue to provide a dedicated local access channel
maintained by the Company for the purpose of cablecasting non - commercial
access programming in conformance with the Company's guidelines and
applicable state and federal statutes and regulations.
d. The Company shall take any steps that are necessary to ensure that the signals
originated on the access channel are carried without material degradation, and
with a signal whose quality is equal to that of the other standard channels that the
Company transmits.
SECTION 15. COMMITMENTS BY THE COMPANY
a. The Company shall provide standard installation and basic cable television
service on one (1) outlet at no cost to each school in the Municipality, public and
private, elementary, intermediate and secondary, provided the school is within
200' 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 shall be waived on all additional outlets, except for
equipment.
b. The Company shall provide standard installation and basic cable television
service at no cost on one (1) outlet to each police, fire, emergency management
facility and public library and municipal senior citizen's facility and municipal
community center in the Municipality, provided the facility is located within 200'
of active cable distribution plant. Each additional outlet installed, if any, shall be
paid for on a materials plus labor basis by the Municipality. Monthly service
charges shall be waived on all additional outlets, except for equipment.
C. The Company shall provide standard installation and one free non - networked
Internet connection and service via high -speed cable modem (one outlet at each
location) at the public library and all public and private schools. Connections are
to be located in areas accessible to student and community use and cannot be
restricted to administrative use. All facilities must be located within 200' of
active cable plant.
d. Within six (6) months of the issuance of a renewal Certificate of Approval (COA)
by the BPU, the Company shall provide to the Municipality a one -time grant for
cable - related needs in the amount of $80,000.00.
No. 16-10
PAGE 5
e. Within twelve (12) months of request from the Borough, the Company shall
construct and maintain at its sole expense an additional fiber optic return to allow
non - commercial access programming to originate from site of City's choosing.
Site must be located within 200' of active cable plant.
f. The Company shall continue to make available to the Borough, a mobile
production vehicle for the purpose of producing non - commercial community
governmental or educational access programming, consistent with company's
written rules and regulations on use of said vehicle. The Company shall continue
to provide basic training to uses of production vehicle to the extent that the
Company offers such training and to the extent that the mobile production vehicle
is in service and available.
g. Comcast will, throughout the term of this franchise, insofar as it is technically,
economically and operationally practicable, maintain and make available to
Borough subscribers product availability, signal integrity, and system reliability
comparable with all other municipalities in Comcast's cable television system in
Middlesex, Union and Essex Counties.
SECTION 15A. RESERVATION OF RIGHTS
In accordance with the Federal Cable Act, 47 U.S.C. §521 et seq., the Company
reserves all rights with regard to the pass - through of all franchise obligations.
SECTION 16. EMERGENCY USES
The Company will comply with the Emergency Alert System ( "EAS ") rules in
accordance with applicable state and federal statutes and regulations.
The Company shall in no way be held liable for any injury suffered by the
municipality 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.
SECTION 17. LIABILITY INSURANCE
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 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.
SECTION 18. INCORPORATION OF THE APPLICATION
All of the statements and commitments contained in the Application or annexed
thereto and incorporated therein, and any amendment thereto, except as modified herein,
are binding upon the Company as terms and conditions of this consent. The Application
and other relevant writings submitted by the Company shall be annexed hereto and made
a part hereof by reference provided same do not conflict with applicable State or Federal
law.
SECTION 19. COMPETITIVE EQUITY
Should the Municipality 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
NO. 16 -10
PAGE _ 6
substitute such language that is more favorable or less burdensome for the comparable
provision of this Ordinance subject to the provisions of N.J.A.C. 14:17 -6.7.
SECTION 20. SEPARABILITY
If any section, subsection, 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 its validity or unconstitutionality shall not affect the validity of the
remaining portions of the Ordinance.
SECTION 21. THIRD PARTY BENEFICIARIES
Nothing in this Franchise 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.
SECTION 22. EFFECTIVE DATE
This Ordinance shall take effect immediately upon issuance of a Renewal
Certificate of Approval from the BPU.
DO NOT USE SPACE BELOW THIS LINE
RECORD OF COUNCIL VOTE
COUNCILMAN
YES
NO
NV
A.B.
COUNCILMAN
YES I
NO
NV
A.B.
BELLINO
X
JOHAL
X
DIA7_
X
KRUM
X,
DIMASCIO
X
NAPLES
X
X - Indicate Vote AB - Absent
NV - Not Voting XOR - Indicates Vote to Overrule Veto
Adopted on first reading of the Council of the Borough of Carteret, N.J., on
Adopted on second r heari lima on 7 2016
March 24, 2016
APPROVED BY
ON /A — ° Z —
MAY t
6
MUNICIPAL CLERK
J
AFFIDAVIT OF PUBLICATION
The following is a true copy of an Ordinance or Resolution of the
Borough of Carteret that has appeared in the Home News Tribune,
a newspaper which is printed in Freehold, New Jersey and
published in Neptune, in said County and State and of general
circulation in said county. One (1) time(s), once in each issue as
follows:
December 19, 2016
BOROUGH OF CARTERET
ORDINANCE #16 -10
AN ORDINANCE GRANTING RE-
NEWAL OF MUNICIPAL CON-
SENT TO COMCAST OF NEW
JERSEY II, LLC, TO CONSTRUCT,
CONNECT, OPERATE AND MAIN-
TAIN A CABLE TELEVISION AND
COMMUNICATIONS SYSTEMS IN
THE BOROUGH OF CARTERET,
NEW JERSEY, COUNTY OF MID-
DLESEX
The Foregoing Ordinance was
introduced at a meeting of the
Council of the Borough of Car-
teret held March 24, 2016 when
it was adopted on First Reading.
The said ordinance will be fur-
ther considered on Second
Reading for Final Adoption at a
meeting of said Council of the
Borough of Cart eret on Decem-
ber 27, 2016 at approximately
6:00 P.M., Memorial Municipal
Building, 61 Cooke Avenue, Car-
teret, New Jersey at which time
and place all persons interested
will be given an opportunity to
be heard.
KATHLEEN M. BARNEY, MMC
Municipal Clerk
($15.40)
001804049 -01
Notary Public of New Jersey
LINDA A. RIVERA
NOTARY PUBLIC
SPATE OF NEW JERSEY
MY COMMISSION EXPIRES MAY 2, 2021
Kathleen M. Barney,
Municipal Clerk
Sworn and subscribed before
me this 19W day of � i (-,
IF
Ad Number: 0001804049 Run Dates: 12/19/16
BOROUGH OF CARTERET
ORDINANCE #16-10
AN ORDINANCE GRANTING RE-
NEWAL OF MUNICIPAL CON-
SENT TO COMCAST OF NEW
JERSEYII, LLC, TO CONSTRUCT
CONNECT, OPERATEAND MAIN-
TAIN A CABLE TELEVISION AND
COMMUNICATIONS SYSTEMSIN
THE BOROUGH OF CARTERET
NEW JERSEY,COUNTY OF MID-
DLESEX
The Foregoing Ordinance was
introduced at a meeting of the
Council of the Borough of Car-
teret held March 24, 2016 when
it was adopted on First Reading.
The said ordinance will be fur-
ther considered on Second
Reading for Final Adoption at a
meeting of said Council of the
Borough of Carteret on Decem-
ber 27, 2016 at approximately
6:00 P.M., Memorial Municipal
Building, 61 Cooke Avenue, Car-
teret, New Jersey at which time
and place all persons interested
will be given an opportunity to
be heard.
KATHLEEN M. BARNEY, MMC
Municipal Clerk
($15.40)
001804049 -01
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