Township Council Meeting — Packet

2884-24 AN ORDINANCE AMENDING CERTAIN TERMS IN CHAPTER 5 SECTION 35 OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF WEST ORANGE BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE TOWNSHIP OF WEST ORANGE, NEW JERSEY that Chapter 5 hereby is and amended and supplemented to incorporate changes of the term “sexual preference” to “sexual orientation, gender identity, and gender expression” as follows: I. CHAPTER 5, SECTION 35.4 BE AND HEREBY IS AMENDED AS FOLLOWS: § 5-35.4—Permit Required, Nondiscrimination: a. No event as defined in this section shall be advertised or held unless a permit for such event has been issued. b. In granting or denying permits, the Township will not discriminate on the basis of age, gender, race, creed, religion, national origin or sexual orientation, gender identity, and gender expression, the content of the speech or the identity of the speaker(s). Deleted: sexual preference II. CHAPTER 5, SECTION 35.18 BE AND HEREBY IS AMENDED AS FOLLOWS: § 5-35.18— Special Event Miscellaneous Provisions. a. The Business Administrator shall not process more than one special event permit for any one twenty-four-hour period (12:01 a.m. to 12:00 midnight) unless approved by the Mayor or his/her designee. Where more than one special event application is received for the same date, the application received first will be considered first. b. No permit shall be issued to any applicant who unlawfully discriminates based on age, sex, race, creed, religion, national origin or sexual orientation, gender identity, and gender expressionor for an event sponsored by an organization which so discriminates. All applicants shall submit to the Business Administrator's office a sample of any and all advertisements for said event, at least 14 days prior to said event and as they occur in the days leading up to the event. III. SEVERABILITY, REPEALER, AND EFFECTIVE DATE: a. Severability—Each section, subsection, sentence, clause and phrase of this Ordinance is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this Ordinance to 1 Deleted: sexual preference

be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this Ordinance. b. Repealer—All other ordinances or parts of ordinances inconsistent with this section are hereby repealed. c. Effective Date—This Ordinance shall be in full force and effect from and after its adoption and any publication as required by law. SUSAN MCCARTNEY, MAYOR BILL RUTHERFORD, COUNCIL PRESIDENT KAREN J. CARNEVALE, R.M.C. MUNICIPAL CLERK INTRODUCED: November 25, 2024 ADOPTED: December 10, 2024 2

Legislative History The Township of West Orange has amended certain outdated terms such as “sexual preference” and has replaced the same with sexual orientation, gender identity, and gender expression. 3

2885-24 AN ORDINANCE GRANTING RENEWAL OF MUNICIPAL CONSENT TO COMCAST OF NEW JERSEY, LLC TO CONSTRUCT, CONNECT, OPERA TE AND MAINTAIN A CABLE TELEVISION AND COMMUNICATIONS SYSTEM IN THE MUNICAPALITY OF WEST ORANGE, ESSEX COUNTY, NEW JERSEY BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE TOWNSHIP OF WEST ORANGE, NEW JERSEY as follows: I. PURPOSE OF THE ORDINANCE. The purpose of this ordinance is to grant to Comcast 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 Township of West Orange, 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 Township of West Orange of a cable television and communications system.. II. 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 in supplemental to those definitions of the Federal Communications Commission ("FCC") rules and regulations, 47 C.F.R. Subsection 76.1 et seq., and the Cable Communications Policy Act, 47 U.S.C. Section 521 et seq., as amended, and the Cable Television Act, N.J.S.A. 48:5A-1 et seq., and shall in no way be construed to broaden, alter or conflict with the federal and state definitions: a. “Township” or “Municipality” is the Township of West Orange, County of Essex, State of New Jersey. b. “Company” or “Comcast” 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, et. seq. d. “FCC” is the Federal Communications Commission. e. “Board” or “BPU” is the New Jersey Board of Public Utilities. 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 Township currently served with existing plant as set forth in the map annexed to the Company's Application for Municipal Consent. III. STATEMENT OF FINDINGS. A public hearing concerning the consent herein granted to the Company was held after proper public notice pursuant to the terms and conditions of the Act. Said hearing having been held and fully open to the public, and the municipality having received all comments regarding the qualifications of the Company to receive this consent, and the representations of the Company 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. IV. DURATION OF FRANCHISE, The non-exclusive Municipal Consent granted herein shall expire ten years from the date of expiration of the previous 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:SA-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. V. FRANCHISE FEE. Pursuant to the terms and conditions of the Act, and, except as where higher payment is otherwise required by the applicable law and regulations (including N.J.S.A. 48:SA-30), the Company shall, during each year of operation under the consent granted herein, pay to the Township 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 Township or any higher amount permitted by the Act or otherwise allowable by law. VI. FRANCHISE TERRITORY. The consent granted under this Ordinance for the renewal of the franchise shall apply to the entirety of the Township and any property subsequently annexed hereto. VII. EXTENSION OF SERVICE. The Company shall be required to proffer service to any residence along any public

all apply to the entirety of the Township and any property subsequently annexed hereto. VII. EXTENSION OF SERVICE. The Company shall be required to proffer service to any residence along any public right-of-way in the Primary Service Area, as set forth in the Company's Application. Any extension of plant beyond the Primary Service Area shall be governed by the Company's Line Extension Policy, as set forth in the Company's Application, with a HPM ("homes-per-mile") of 35 dwellings per linear mile from the nearest active trunk or feeder line. 2

VIII. CONSTRUCTION REQUIREMENTS. a. 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 reasonably good a condition as existed prior to the commencement of said work. b. Relocation: If at any time during the period of this consent, the Township shall alter or change the grade of any street, alley or other way or place the Company, upon reasonable notice by the Township, shall remove, re-lay or relocate its equipment, at the expense of the Company. c. 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 Township 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. IX. CUSTOMER SERVICE. In providing services to its customers, the Company shall comply with N.J.A.C. 14:18-1, et. seq. 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. 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 applicable FCC customer service regulations. d. Nothing herein shall impair the right of any subscriber or the Township 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 applicable law. X. MUNICIPAL COMPLAINT OFFICER. The Office of Cable Television is hereby designated as the Complaint Officer for the Township pursuant to

r to take any action that is permitted under applicable law. X. MUNICIPAL COMPLAINT OFFICER. The Office of Cable Television is hereby designated as the Complaint Officer for the Township 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 Township shall have the right to request copies of records and reports pertaining to complaints by Township customers from the OCTV. 3

XI. 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. XII. PERFORMANCE BOND. During the life of the franchise the Company shall give to the Township a bond 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 for municipal consent incorporated herein. XIII. SUBSCRIBER RATES. The rates of the Company shall be subject to regulation as permitted by federal and state law. XIV. EMERGENCY USES. a. The Company will comply with the Emergency Alert System (“EAS”) rules in accordance with applicable state and federal statutes and regulations. b. The Company shall in no way be held liable for any injury suffered by the Township or any other person, during an emergency, if for any reason the Township is unable to make full use of the cable television system as contemplated herein. XV. COMMITMENTS BY THE COMPANY. a. Upon request the Company shall provide standard installation and basic cable television service, at no charge, on one (1) outlet to Township facilities including the Township Hall building, each police, fire, emergency management facilities, provided they are located with 200 feet of active cable distribution plant. Each additional outlet installed, if any, shall be paid for on a materials plus basis by the Township. b. Upon request the Company shall provide standard installation and basic cable television service, at no charge, on one (1) outlet to each qualified existing school and library in the Township, public and private, elementary, intermediate and secondary, provided the facility is within two hundred (200) feet of active cable distribution plant or through customer owned conduit. Each additional outlet installed, if any, shall be paid for on a materials plus basis by the Township. c. 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; 4

(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. d. Within six months of the issuance of a Renewal Certificate of Approval by the BPU, the company shall provide to the Township a one-time E/G Access capitol Grant in the amount of $75,000 (seventy-five thousand dollars) to meet the capitol needs of the community. XVI. LIABILITY INSURANCE. The Company shall at all times maintain a comprehensive general liability insurance policy with a single limit amount of One Million Dollars ($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 Five Million Dollars ($5,000,000). XVII. 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 application State or Federal law. XVIII. COMPETITIVE EQUITY. Should the Township grant municipal consent for 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 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. XIX. PROPRIETARY INFORMATION. The Company shall not be required to disclose information which it reasonably deems to be proprietary or confidential in nature. The Township agrees to treat any information disclosed by the Company as confidential and only to disclose it