Code of the Borough of Seaside Park Cable Television Franchise • Chapter A83
CABLE TELEVISION FRANCHISE
§A83-1. Grant of franchise. §A83-10. Duration of franchise and
§A83-2. Definitions and word usage. reporting requirements.
§A83-3. Statement of findings. §A83-11. Franchise fee.
§A83-4. Insurance and indemnification. §A83-12. Local office complaint
§A83-5. Authority to promulgate rules
and regulations. §A83-13. Rates.
§A83-6. Compliance with other rules §A83-14. Bond.
required. §A83-15. Incorporation of application.
§A83-7. Request for non-franchised §A83-16. Repealer.
competitive relief. §A83-17. Severability.
§A83-8. Removal of facilities. §A83-18. When effective.
§A83-9. Agreement by company of
HISTORY: Adopted by the Mayor and Borough Council of the Borough of Seaside Park 12-2-1999 as Ordinance No. 1253.1
Be it ordained by the Mayor and Council of the Monmouth, Inc., and addenda thereto, which
Borough of Seaside Park, in the County of Ocean and application and addenda are on file in the office of
State of New Jersey, as follows: the Borough Clerk and are incorporated herein by
reference and made a part hereof, except as
§A83-1. Grant of franchise.1 modified, changed, limited, or altered by this
The Borough of Seaside Park hereby grants to the chapter. This application, and the approval of the
Company its nonexclusive consent to place in, upon, municipality, shall apply to video cable service only
along, across, above, over and under the highways, and not to any other service, such as Internet access,
streets, alleys, sidewalk, public ways, and public places currently offered by Cablevision of Monmouth, Inc.,
in the borough, poles, wires, cables, underground or offered within the time period of this agreement.
conduits, manholes and other television conductors and BOROUGH or MUNICIPALITY — shall refer to
fixtures necessary for the maintenance and operation in the Borough of Seaside Park, a municipal
the municipality of a video cable television system only, corporation located in the County of Ocean, State of
notwithstanding the municipality's continuing New Jersey.
dissatisfaction with the cable channel selection, and BPU — shall mean the New Jersey Board of Public
various issues with the municipality's inability to control Utilities, its successors and/or assigns.
and regulate the cable provider within the borough.
COMMITMENTS — shall mean the commitment,
§A83-2. Definitions and word usage. obligations, terms and undertaking on the part of
APPLICATION — shall mean the application for a Cablevision of Monmouth, Inc. as set forth in this
cable television franchise of Cablevision of Chapter.
COMPANY — shall mean the grantee of rights
1 EDITOR'S NOTE: Ord. No. 1253 repealed former Chapter
under this chapter and is known as Cablevision of
Monmouth, Inc., its successors and/or assigns.
A83 (Cable Television Franchise), adopted 2-22-1979 as Ord.
No. 777. Ord. No. 1253 also repealed former Chapter 73 FEDERAL ACT — shall mean that federal statute
(Television System Franchise), adopted 6-10-1971 as Ord. relating to cable communications commonly known
Chapter A83 • Cable Television Franchise Code of the Borough of Seaside Park
as the Cable Communication Policy Act of 1994, 47 liability due to physical damage to property or
U.S.C. §521 et seq., or as the statute may be bodily injury or death to any one person shall not be
amended. less than one million dollars ($1,000,000.) for one
FEDERAL REGULATION — shall mean that person and one million dollars($1,000,000.) for
federal regulation relating to cable television service property damage resulting from any one accident.
47 CF.9 §76.1 et seq. (and to the extent applicable, 2. The Company shall also carry such insurance as it
any other federal rules and regulations relating to deems necessary to protect it from all claims under
cable television including, but not limited to, those the Workers' Compensation Laws in effect that may
described in 47 C.F.R. §76.3) or as such regulations be applicable to the franchise.
may be amended. 3. All insurance required by the chapter shall be and
OCTV — shall mean the Office of Cable Television remain in full force and effect for the entire life of
within the New Jersey Board of Public Utilities. this franchise. A Certificate of Insurance must be
PRIMARY SERVICE AREA — shall mean the submitted to the Borough Attorney for review for
portion of the Municipality in which the Company compliance with the above-mentioned limits of
shall make service available to all present and future liability. The Company shall notify the Borough at
customers at standard and nonstandard installation least thirty (30) days prior of its intention to cancel
rates. or change any policy.
STATE ACT or CABLE TELEVISION ACT — 4. The Company shall indemnify, protect and save the
shall mean C. 186, P.L. 1972, N.J.S.A. 48:5A-1 et Borough harmless from and against losses and
seq., and subsequent amendments thereto. physical damages to property including those
properties owned or under the control of the
STATE REGULATIONS — shall mean those Borough, and bodily injury or death of persons,
regulations of the New Jersey Board of Public including payments made under Workers'
Utilities relating to cable television N.J.A.C. 14:17- Compensation Law, which may arise out of or be
1.1 et seq. and 14:18-1.1 et seq., or as such caused by the construction, location, installation,
regulations may be amended. operation, erection, maintenance, repair,
MUNICIPAL BUILDING — shall mean any replacement, removal, or use of the cable television
building owned by the Borough of Seaside Park, system within the Borough, contemplated by this
First Aid Squad, Fire Department, or Police franchise, or by any act of the Company, its agents
Department. or employees, except with respect to the gross
TERRITORY — The consent granted herein to the negligence or willful misconduct of the borough, its
Company shall apply to the entirety of the agents or employees.
municipality and any property hereafter annexed.
§A83-5. Authority to promulgate rules and
§A83-3. Statement of findings. regulations.
A public hearing concerning the content herein grants to The Company shall have the authority to promulgate
the company was held after proper public notice such rules, regulations, terms and conditions governing
pursuant to the terms and conditions of the Act. Said the conduct of its business as shall be reasonably
hearing having been held and fully open to the public, necessary to enable the Company to exercise its rights
and the municipality having received all comments and perform its obligations under this consent and to
regarding the qualifications of the Company to receive insure uninterrupted service to each and all of its
this consent, the Municipality hereby finds the subscribers. All the written commitments contained in
Company possesses the necessary legal, technical, the application, except as modified herein, are to be
character, financial and other qualifications and that the considered to be binding upon the Company as terms
Company's operation and construction arrangements are and conditions of this consent and that the application
adequate and feasible. shall be annexed hereto and amended and made a part
hereof by reference. None of the aforementioned
§A83-4. Insurance and indemnification. commitments, terms or conditions of this municipal
consent shall be enforceable if they conflict with the
1. The Company shall maintain, at its sole expense at applicable State or Federal Laws or regulations.
all times during the term of the franchise, sufficient
liability insurance naming the Borough as an insured §A83-6. Compliance with other rules required.
and providing insurance coverage against all claims, The Company shall, at all times, comply with the rules
demands, actions, judgments, costs, expenses, and and regulations governing cable television operations
liabilities which may arise or result directly or promulgated by the FCC, specifically those set forth in
indirectly from or by reason of any loss, injury or the §76.31 of the FCC rules and regulations. This shall
damage. The amounts of such insurance against include adherence by the Company to the FCC rules
Code of the Borough of Seaside Park Cable Television Franchise • Chapter A83
regarding construction of a cable television system and 2. Cablevision will tape one Council meeting per
signal carriers therein. In the event that the Municipality month and provide tapes of the meeting to the
approves or permits a cable system to operate in the Borough for its archives.
municipality on terms that are more favorable or less
3. Cablevision will provide free installation and basic
burdensome than those contained in this franchise, such
and expanded basic service to all municipal, school
more favorable or less burdensome terms shall be
and emergency services buildings in the Borough,
applicable in this franchise pursuant to the approval of a
including the First Aid Building. Cablevision will
petition to amend the Certificate of Approval filed with
provide a television/VCR and an assortment of tapes
the Board of Public Utilities as provided for under
to the Borough for use at the Senior Citizens
§A83-7. Request for non-franchised competitive 4. Cablevision will make Internet access available on
relief. one cable modem to the Seaside Park Elementary
School at no charge when such service becomes
In the event that a non-franchised multi-channel video
available in the Borough.
programer provides service to residents of the
Municipality, the Company shall have the right to 5. The Company shall be required to have the capacity
request amendments to this Ordinance and any to override the audio portion of the system in order
Certificate of Approval that relieve the Company of to permit the broadcasting of emergency messages
regulatory burdens that create a competitive by the municipality in accordance with FCC
disadvantage to the Company. In requesting those regulations. The Company shall in no way be liable
amendments, the Company shall file a petition seeking for any injury suffered by the Municipality or any
to amend the franchise. Such petition shall (i) indicate other person, during an emergency, if for any reason
the presence of a non-franchise competitor(s); (ii) the municipality is unable to make full use of the
identify the basis for Company's belief that certain cable television system as contemplated herein. The
provisions of the Certificate of Approval place the municipality shall establish reasonable procedures
Company at a competitive disadvantage; and (iii) for such emergency uses. The Company will not be
identify the regulatory burdens to be amended or held liable for any incidents which may arise out of
repealed in order to eliminate the competitive the use or non-use of the emergency override
disadvantage. The Municipality shall not unreasonably capability. The Municipality shall indemnify, protect
object to the granting of the Company's petition filed and save the Company harmless from any and
hereunder, pursuant to N.J.A.C. 14:17-6.7. against all losses arising from or relating to the
Municipality's use or misuse of the emergency
§A83-8. Removal of facilities. broadcasting system provided hereunder.
Upon expiration, termination or revocations of the
Certificate of Approval, the Company, at its sole cost §A83-10. Duration of franchise and reporting
and expense, and upon direction of the Municipality,
and as directed and approved by the Board of Public 1. Term: The consent granted herein shall be non-
Utilities, shall remove the cables and appurtenant exclusive and shall expire ten (10) years from the
devices constructed or maintained herein, unless the date of the previous Certificate of Approval as
Company, its affiliated entities or assigns should obtain issued by the Board of Public Utilities.
certification from the Federal Communication 2. Reporting Requirements. Upon request, the
Commission to operate an Open Video System or any Company shall provide to the Borough, at the
other Federal or State certificate to provide Borough's request, a list, no later than January 15 of
telecommunication services. every year of this franchise, stating the
municipalities of the State of New Jersey from whom
§A83-9. Agreement by company of commitments. the Company has a franchise and changes to the list
The company hereby agrees to the following within thirty (30) days of such change.
commitments, and same are also incorporated into the
application and ordinance: §A83-11. Franchise fee.
1. Cablevision will designate a public, educational and Pursuant to the terms and conditions of the Act, the
governmental channel for Seaside Park within Company shall, during each year of operation under the
eighteen (18) months of the granting of approval of consent granted herein, pay to the municipality two
the renewal of the franchise by the Board. This percent (2%) of the gross revenues from all recurring
channel can be utilized by the Borough for non- charges in the nature of subscription fees paid by
commercial purposes only. subscribers to its cable television reception service in
the municipality or any amount permitted by the Cable
Television Act or otherwise allowable by law.
Chapter A83 • Cable Television Franchise Code of the Borough of Seaside Park
§A83-12. Local office complaint procedure.
During the term 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
a.m. to 5:00 p.m. Monday through Friday. The Office of
Cable Television is hereby designated as the complaint
officer for the municipality in accordance with 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 rates of the Company shall be subject to regulation
as permitted by federal and state law.
During the life of the franchise the company shall give a
bond to the municipality which bond shall be in the
amount of twenty-five thousand dollars ($25,000.).
Such bond shall be to insure the faithful performance of
all undertakings of the company as represented in its
application and incorporated herein.
§A83-15. Incorporation of application.
All of the commitments and statements contained in the
application and any amendment thereto submitted in
writing to the municipality by the company except as
modified herein, are binding upon the company as terms
and conditions of this consent. The application and any
other relevant writing submitted by the company shall
be annexed hereto and made a part hereof by reference
as long as they do not conflict with state or federal law.
This Ordinance repeals any inconsistent ordinance or
ordinances or part or parts thereof.
If any section, subsection, paragraph, sentence or any
part of this ordinance is adjudged unconstitutional or
invalid, such judgment shall not affect, impair or
invalidate the remainder of this ordinance not directly
involved in the controversy in which such judgment
shall have been rendered.
§A83-18. When effective.
This Ordinance shall take effect immediately upon final
passage and publication as required by law.