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ORDINANCE 2018-01 Cable System Franchise Renewal

Public Hearing: February 20, 2018

AN ORDINANCE OF THE BOROUGH OF POINT PLEASANT BEACH AMENDING CHAPTER XVIII ENTITLED “MUNICIPAL FRANCHISING” AND GRANTING RENEWAL OF BOROUGH CONSENT TO COMCAST TO CONSTRUCT, CONNECT, OPERATE AND MAINTAIN A CABLE TELEVISION AND COMMUNICATIONS SYSTEM IN THE BOROUGH OF POINT PLEASANT BEACH, OCEAN COUNTY, NEW JERSEY
NOW THEREFORE, BE IT ORDAINED by the Governing Body of the Borough of Point Pleasant Beach, County of Ocean, State of New Jersey:
SECTION I.
Chapter XVIII is amended as follows:
18-1.1 No change
18-1.2 The following definitions are amended and/or added. All other
terms are unchanged.
...
b. "Company" is the grantee of rights under this Ordinance and is known as Comcast of Ocean County.
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.

18-1.3 shall be deleted and replaced by:

18-1.3 Public Hearing.

A Public hearing conducted by the municipality, concerning the renewal of Municipal Consent herein granted to the Company was held after proper public notice pursuant to the terms and conditions of the Act and the regulations of the Board adopted pursuant thereto. Said hearing, having been fully open to the public, and the municipality having received at said public hearing 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.

18-1.4 No change.

18-1.5 No change.

18-1.6 No change.

18-1.7 No change.

18-1.8 and 18-1.9 shall be deleted and replaced with the following:
18-1.8 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 or any other government entity with appropriate legal authority 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.
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. Whenever the request is made by, for, or on behalf of private parties, the cost will be borne by those same parties.
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, with appropriate permits as required by the applicable municipal Ordinances, rules and regulations, 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.
18-1.9 shall be left blank.
18-1.10 shall be deleted and replaced with the following:
18-1.10 Customer Service. In providing services to its customers:
a. The Company shall comply with N.J.A.C. 14:18-1, et seq. and all applicable state and federal statutes and regulations.
b. The Company shall meet or exceed all voluntary company and industry standards in the delivery of customer service and shall report on its customer service to the municipality upon written request of the Borough Administrator or Clerk.
c. 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.
d. 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.
e. The Company shall use every effort to meet or exceed voluntary standards for telephone accessibility developed by the National Cable Television Association (NCTA). Those standards shall include, but not be limited to, the goal of answering eighty (80%) percent of incoming telephone calls within thirty (30) seconds.
f. 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 appropriate under law.
18-1.11 shall be deleted and replaced with the following:
18-1.11 Complaint Office.
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 Borough customers from the OCTV.
18-1.12 shall be deleted and replaced with the following:
18-1.12. 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 local complaints regarding the quality of service, equipment malfunctions, and similar matters.
18-1.13 No change.
18-1.14 No change.
18-1.15 and 18-1.16 shall be deleted and replaced with:

18-1.15 Public and Governmental Access.

a. The Company shall provide channels for public and governmental (“PG”) access as requested by the Municipality on the most basic tier of service offered by the Company in accordance with the Cable Act, Section 611 [47 U.S.C. § 531], and as further set forth herein.
b. The Company does not relinquish its ownership of or ultimate right of control over a channel by designating it for PEG use. A PEG access user acquires no property or other interest by virtue of the use of a channel so designated, and may not rely on the continued use of a particular channel number, no matter how long the same channel may have been designated for such use.
c. The Company shall not exercise editorial control over the use of any public, educational or governmental channel capacity, except Company may refuse to transmit any public, educational or governmental access program or portion of such program that contains obscenity, indecency or nudity.
d. Public Access. “Public Access” shall mean non-commercial use by the public.
e. Government Access. “Government Access” shall mean non-commercial use by the governing body of the Borough for the purpose of showing the public local government at work.
f. Fallow Time. Because blank or underutilized PEG channels are not in the public interest, in the event the Municipality or other PEG access users elect not to fully program the PEG access channel, Company may program unused time on those channels subject to reclamation by the Municipality upon no less than sixty (60) days written notice.
18-1.16 Commitments by The Company
a. The Company shall provide Total Preferred 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 175 feet 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 Total Preferred cable television service at no cost on one (1) outlet to each Borough owned building provided the facility is located within 175 feet 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.
c. A one-time technology grant of $18,000 paid within 10 months of approval of the franchise by the New Jersey Board of Public Utilities.
d. The Communications Act of 1934, as amended [47 U.S.C. § 543 (b)], allows the Company to itemize and/or identify: (1.) the amount on the subscriber bill assessed as a franchise fee and the identity of the governmental authority to which the fee is paid; (2.) the amount on the bill assessed to satisfy any requirements imposed on the Company by the cable franchise to support public, education, and/or governmental access channels or the use of such channels; and (3.) any grants or other fees on the bill or any tax, assessment, or charge of any kind imposed by any governmental authority on the transaction between the operator and the subscriber. The Company reserves its external cost, pass-through rights to the full extent permitted by law.

18-1.17 No change.

18-1.18 No change.
18-1.19 shall be amended to increase the amount of excess liability insurance required from $3,000,000 to $5,000,000.
18-1.20 shall be deleted and replaced with the following:
To the fullest extent permitted by law the Company agrees to indemnify and hold harmless the Borough, it agents, servants, employees, and contractors from any losses, damages, costs, and expenses that are, either directly or indirectly, caused by, or that arise out of, the Company's installations, equipment, or services within the Borough, or by any omission, fault, negligence or other misconduct by the Company, its employees, independent contractors, or volunteers in connection with this contract regardless of whether or not the Borough, its agents, servants, or employees are also alleged to have been negligent.

18-1.21 No change.

18-1.22 No change

18.1-23, 18.1-23, and 18-1.24 shall be deleted.


SECTION II.
All ordinances or parts thereof, which are inconsistent with the provisions of this Ordinance, are hereby repealed to the extent of their inconsistencies.
SECTION III.
In the event any section, part or provision of this Ordinance shall be held unconstitutional or invalid by any Court, such holding shall not affect the validity of this Ordinance or any remaining part of this Ordinance other than the part held unconstitutional or invalid.
SECTION IV.

This Ordinance shall take effect immediately upon its final passage and publication as required by law and upon issuance of a Renewal Certificate of Approval from the BPU.


__________________________________
Approved this ___ day of , 2018:
Borough of Point Pleasant Beach
Stephen D. Reid, Mayor
NOTICE
NOTICE IS HEREBY GIVEN that the foregoing Ordinance was introduced and approved on first reading at the regular meeting of the Governing Body of the Borough of Point Pleasant Beach, in the County of Ocean, held on the 6th day of February, 2018 and will be considered for second reading and final passage at the regular meeting of said Governing Body to be held on the 20th day of February, 2018 at 7:30 p.m. in the Council Chambers, Borough Hall, 416 New Jersey Avenue, Point Pleasant Beach, New Jersey, at which time and place any person desiring to be heard will be given an opportunity to be so heard.


Published February07, 2018 | New Ordinances | 2748


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