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HomeMy Public PortalAboutOrd. 16-1014 Nz�tx��x��E No. 1r�10 .of th-e Poroug4 of aurkxet, 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 0�ONpF CgRTF�F L w Q EF; l ' C' C�