Loading...
HomeMy Public PortalAboutOrd. 09-014 No. 00-14 @rbtuatrCc of t4;c lll1orouZ14 of C1ladcrct1 ~L W~ Councilman Presents me foUowing Ordinance Seconded by Councilman ORDINANCE # 00-14 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 !ViA YOR AND COUNCIL OF TIlE BOROUGH OF CARTERET, AS FOLLOWS: SECTION 1. PURPOSE OF TIlE ORDINANCE The Borough of eartceet 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 constmction, operation and maintenance in the Borough of a cable television and communications system. SECTION 2. DEFINITIONS For the purpose of this Ordinance, the following tenns, phrases, words and their derivations shall have the meaning given herein. Such meaning or defmition 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 Poticy Act, 47 V.S.C. Section 521 et sea., as amended, and the Cable Television Act, NJ.S.A. 48:5A-l 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 ofCarteret, County of Middlesex, State of New Jersey. b. "Company" is the grantee of rights under tllis 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-l, et sea. 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 tbe Office ofCahle Television of the Board. NO. 00-11, PAGE 2 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 ofMllnicipal 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 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 tCffilS 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, [mancial and other qualifications and that the Company's operating and construction arrangements are adequate and feasible. SECTION 4. DURATION OF FRANCIIISE The non-exclusive Municipal Consent granted herein shall expire 10 years from the date of expiration of the existing Certificate of Approval issued by the Board on July 21,1995. 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 NJ.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. FRANCIIISE 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 alon~ anr public right.of-w~y i~ the Prima;r Sen:ice Area, as set forth in the Company's Appl~cat~on. The Company s Lme ExtensIOn Pohcy, as set forth in the Company's ApplIcation, shall govern any extension of plant beyond the Primary Service Area. NO. 00-14 PAGE "I 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 conmlcncement 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, fe-lay or relocate its equipment, at the expense of the Company. Removal or Trimming of Trees: During the exercise afits 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 NJ.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 writtcn 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 statues and regulations regarding the availability of devices for the hearing inlpaired 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 pennitted under law. SECTION 10. MUNICIPAL COMPLAINT OFFICER The Oft1ce of Cable Television is hereby designed as the Complaint Officer for the Municipality pursuant to'NJ.S.A. 48:5A-26(b). All complaints shall be received and processed in accordance with N.lA.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 II. LOCAL OFFICE During the term of this franchise. and any renewal thereof, the Company shall maintain a business oftice or agent in accordance with N.lA.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 nwnber 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. NO. 00-14 PAGE 4 SECTION 12. PERFORiYlANCE BOND During the life of the franchise the Company shall give to tbe municipality a bond in the amount ofhvcnty-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 The rates of the Company shall be subject to regulation as pemitted 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 tor 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 confomlance 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 Compan>"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. CO!V1MIT!VffiNTSBYTIIECO!V~ANY 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. b. The Company shall provide standard installation and basic cable television service at no cost on one (I) outlet to each police, flre, 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, ifany, shall be paid for on a materials plus labor basis by the Municipality. Monthly service charges shall be waived on all additional outlets. 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. NO. 00-14 PAGE 5 d. Within twelve (12) months of the issuance ora 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 01'$40,000. 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-conunercial 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; and will provide other technical assistance and training upon written request for Borough residents for the purpose of producing PEG access programming, to the extent that the Company offers such technical assistance and training. 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. h. The Company shall provide a dedicated digital access channel and return line only after the Borough demonstrates programming on the Current access channel equal to 40 hours ofullduplicated original programming per week for a period of 13 consecutive weeks. A digital converter box will be required to view tltis channel. SECTION 16. EMERGENCY USES The Company will comply with the Emergency Alert System ("EAS") rules in accordance with applicable state and federal statues 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$I,OOO,OOO 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") poliey in the amouot 0[$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 tbe Company as terms and conditions oftrus consent. The Application and other relevant writings submitted bv the Cnmnanv shall be annexed hereto and made a part hereof by reference provided same do not conflict with applicable State or Federal law. NO. 00-14 PAGE 6 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 tenns materially less burdensome or more favorable than the tenns contained herein, the Company may substitute such language that is more favorable or less burdensome for the comparable provision of this Ordinance subject to the provisions ofN.lA.C. 14:17-6.7. SECTION 20. SEPARABILITY If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any rcason 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. TIIIRD 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. 00 NOT USE SPACE BELOW THIS LINE COUNCIUIAN RECORD OF COUNCIL VOTE YES NO NV A.B. COUNCiLMAN KID! fWUiS Sill\RZ YES NO NV A.B. X CII!N DIAZ 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 secomYddr~g'~-ft'~7Hraring on ( I j .', ,r-ff f. APPRhED..BY ,,__..~-t. . ( '1/ ~ / IAYOR / ON .~/ /'-./. ~ ~ // ~ 23. 2fX'f) 2009 (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 ill time(s), once in each issue as follows: September 26. 2009 c52:~~~ 0 /~~- Notary Public of New Jersey LINDA A RIVERA NOTARY PUBLIC OF NEW JERSEY MY COMMISSION EXPIRES MAY 2, 2011 Sworn and subscribed b!(fore me thisJ.~ day of ~P~'Yr-h...-1 d- CO ,,/, ~ b~e . athleen M. Barney, MMC ~ Municipal Clerk BOROUGH Of CARIEREI T~MI~; Es~W i!s'lnJl'o9'vgKli~t f Jhlil60roughQf e~ ;.~~~~'IW&tll~ urt . ", .er~()n<S~nd I Adopting atia mt:;!etio iof $al.\jncilof...... he:.....f3.orou8hOf .em Ol;tolJ:\:ir.......6jg()Og,....at..>~pp(())(i 00 P;M.j.Me:fJl9:lial,.'Munl~IPl!lla 61 .QOO~liI...........A,,&l)W:!iC!lrtlil(et,.,',".New .. _.ilt Which llml:!il!lna p1a<:fl;'allj>efWns' ..... .. $ted K){trwf~?tJ;?iKRN~~lftM~~~n0Sr4', MijnlP~I(a(!i:'k"'.......m...m'<>... {$15,66}., 031608 ~I / ~6\:\~ BOOOlGHOfCARTERET ORDINANCE #09-14 AN ORDINANCE GRANTING RENEWAL OF MUNICIPAl CONSENT TO COM Jt~T9fu~-iYf:6~~SlcVlb~~"M\~ AND MAINTAIN A CABLE TELEVISION AND COMMUNICATIONS SYSTEM IN ".'E BOROUGH OFCARTERET, NEW ~RSEY, COUNT OF MIDDLESEX ioreglirg Ordirrilnce Wi'15 irtrowced al i4ing of the CounC~ of the Bmough rJ _u,teret held Septemb-~ 23, 2009 when it was adopted OIl first Reading. nw. said oldi- nilnoo will be further Corl...-Jdere-d 00 S<<:Ol1d Reaong for Final Ad9j)ting at a meeting of silid Council of H~ Boroogh of Carten':t on October 8, 2009 at apprutimiltdy 6:00 P.M., Memorial Municipal BUilding, 61 Cooke A\.'eIllre, Ci.lrteret, New Jmse'j ill wnen time and place all person5 irteresl:ed will re given an otlpmhmiw to b;) maId KATHLEEN M. BARNEY, Ro'v\C Municipal Clerk ($15.66) 031608 \) /' ('I \ 'V\ trv\ 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 ill time(s), once in each issue as follows: October 16. 2009 _""7' ( ~/n.lfto-/ 0 ~/\K~ Notary Public of New Jersey LINDA A RIVERA NOTARY PUBLIC OF NEW JERSEY MY COMMISSION EXPIRES MAY 2, 2011 Sworn and subscribed before me thisJa.e: day of () c;t;,y(~ f ;2 C:V '1; 80ROUGH Of tAR!ERE! iAB8CI~\~r~~~I~~%~~~t~1l~t. , 'Irf~~tij/i!~~~~V.- !".AP'PR9Y,~Bi~WP..'..........~g?~~.~g:...:~~8~rj".." 1:.200'9. ....l..lCED.'sefJeiit~r2;:h.2q9~,<; . *y~i~.:' }.Q'W~:c":~~:~~d~:Pl;';ber H~ariog.Hel<l;;OC\(OrlDANiJ;:J':J.:RfJ'MAN' . r~ge~~~r@~~s~~~'liy..:.''ci.~?Pt~.;:R?t~~r1.#' I~Iti~g~~L~t~~~N~; ~431~Q () ~I &l\OLGHll'CAR1EREl ORDINANCE 09-14 AN ORDINANCE GRANTING RENEWAL OF MUNICIPAL CONSENT TO COMCAST OF tb~~tJ}S~&,& ~RD~~rrW.M~A CABLE TELEVISION AND COMMUNICA- ~'')NS SYSTE1\.-1IN mE BOROUGH OF I lTEREf, Np.~5~~~'COUNTY OF 2.bo~OVEDMlD ADOPTED: Octob<:r B, INTRODUCED: Septemoo 23, 2009 Adveltired ~s <loopted on fir5t reading -- with notice of Public Hearirg: September 26, 2009 Hearire Held: October 8~ 2009 ApprCN,w By: MAYOR DJ\N1El J. RETMAN ~~e9ti&'ld as finally i1dopted: October 16, KATHlEEN M. BARNEY, MUNICIPAL CLERK ($14.50) 043160 / 0- l' J -- @omcast Government and Community Affairs Department 800 Rahway Avenue Union, New Jersey 07083 908.258.8143 Ph. 908.851.8293 Fax November 9, 2009 Hon. Daniel J. Reiman And Members of the Governing Body Borough of Carteret 61 Cooke Avenue Carteret, NJ 07008 Dear Mayor Reiman and Members of the Governing Body: We received (on October 26, 2009) a certified copy of the Borough ofCarteret's Ordinance # 09-14, adopted on October 8, 2009, granting Renewal of Municipal Consent to Comcast of New Jersey II, LLC, to continue to operate and maintain a cable television and communications system in the Borough of Carteret Please accept this letter as formal acceptance of the ordinance. As you may know, Comcast must now petition the New Jersey Board of Public Utilities for issuance of a Renewal Certificate of Approval. ~ Area Director of Govemment and Community Affairs cc: ~n M. Barney, Borough Clerk Robert J. Bergen, Borough Attorney Celeste M. Fasone, NJBPU Office of Cable Television Laura Talafous, Comcast Eastem Division William J. Kettleson, Comcast Regional Vice President Government Affairs, / Dennis C. Linken, Esq. Stryker, Tams & Dill Y / ~?~ ~j{?