§ A580-2. Conditions of franchise.

A. 

The franchisee will agree to meet or exceed federal and industry standards regarding signal quality in the Borough and will comply with the technical performance requirements as stipulated in N.J.A.C. 14:18-10.2.

B. 

The franchisee will comply with the service outage requirements under federal and state law, including but not limited to N.J.A.C. 14:18-3.13.

C. 

Upon receiving a written request by the Borough and subject to approval of the Board, Cablevision shall provide the number of subscribers in the Borough and the annual gross revenues received by the company from subscribers in the Borough for cable television reception service. The Borough shall be entitled to review and audit all fees charged by the franchisee to ensure that the municipality receives all fees due to it under the terms of this ordinance.

D. 

The rates of the company shall be subject to regulation as permitted by federal and state law. In the event that applicable hereinafter is amended to permit the exercise of regulatory authority over rates, the Borough reserves the right to exercise such authority to the maximum extent permitted by law.

E. 

The basic service shall be as defined under the Federal Act and applicable regulations.

F. 

The company shall provide access channels for noncommercial public, governmental, and educational entities within the Borough to the extent such access was promised the Borough in the application for municipal consent and this ordinance.

G. 

Cablevision shall implement a senior citizen discount in the amount of 10% off the monthly rate of the broadcast basic level of cable television reception service to any person 62 years of age or older who subscribes to the company's cable television service, subject to the following:

(1) 

Such discount shall only be available to eligible senior citizens who do not share the subscription with more than one person in the same household who is less than 62 years of age;

(2) 

In accordance with N.J.S.A. 48:5A-11.2, subscribers seeking eligibility for the discount must meet the income and residence requirements of the Pharmaceutical Assistance to the Aged and Disabled Program pursuant to N.J.S.A. 30:4D-21;

(3) 

The senior discount herein relates only to the broadcast basic level of cable television service and shall not apply to any additional service, feature, or equipment offered by the company, including any premium channel services and pay-per-view services; and

(4) 

Senior citizens who subscribe to a level of cable television service beyond expanded basic service, including any premium or per channel a la carte service, shall not be eligible for the discount.

H. 

In consideration for the rights granted by this ordinance, Cablevision shall provide the Borough with a one-time grant of $15,000 to be used by the Borough to establish a fund for any cable and/or telecommunications purpose in the municipality. Such funding shall be provided by Cablevision within 60 days following the issuance of a certificate of approval by the Board renewing the cable franchise ordinance in the Borough. The company shall provide free standard installations and expanded basic service monthly on up to three outlets in the library and Borough Hall and up to one outlet in all other municipality-owned buildings if requested. Each additional outlet installed, if any, shall be paid for by the facility requesting service on a materials-plus-labor basis. Monthly service charges shall be waived on all additional outlets.

I. 

Upon request, the cable franchisee will provide one high-speed internet access via cable modem to each public primary and secondary school and the municipal library in the Borough, provided it is a standard installation. The company shall provide to the Borough, free of charge, one high-speed cable modem and monthly internet access service, including a standard installation, to a designated municipal building.

J. 

Cablevision shall meet or exceed all federal and state standards pertaining to customer service in accordance with 47 CFR 309 as may be amended during the term of this ordinance and N.J.A.C. 14:18-3.1 to 14:18-3.24 as may be amended during the term of this ordinance.