Publish Date: December 2, 2025
Archive Date: February 4, 2026
MANNINGTON TOWNSHIP
ORDINANCE NO. 25-07
AN ORDINANCE GRANTING RENEWAL OF MUNICIPAL CONSENT TO
COMCAST OF SOUTH JERSEY, LLC TO CONSTRUCT, OPERATE AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE TOWNSHIP OF MANNINGTON, SALEM COUNTY, NEW JERSEY
WHEREAS, on August 4, 2025, the Mannington Township Committee received an
Application for a Traditional Municipal Consent Cable Television Franchise – Application for Renewal of Municipal Consent (the “Application”) from COMCAST OF SOUTH JERSEY, LLC, 1846 N.W. Boulevard, Vineland, New Jersey 08360 (the “Company”) for the construction, operation, and maintenance of a cable television system in the Township of Mannington pursuant to N.J.S.A. 48:5A-23 and N.J.A.C. 14:18-13; and
WHEREAS, the Company’s current Municipal Consent from the Township of
Mannington was most recently renewed in 2001 for an initial term of fifteen (15) years, with an automatic ten (10) year term renewal, as memorialized by Mannington Township Ordinance #01-01, dated April 5, 2001, pursuant to which a Renewal Certificate of Approval (to August 6, 2015) was issued by the State of New Jersey Board of Public Utilities (the “Board”) on November 20, 2001, under Docket No. CE01050307, and for which an Automatic Renewal Certificate of Approval (to August 6, 2025) was issued by the Board on December 19, 2017, under Docket No.
CE15091091; and
WHEREAS, as required by N.J.S.A. 48:5A-23 and N.J.A.C. 14:18-11.4 and -11.6, the Mannington Township Committee scheduled a public hearing on the Application to take place at Mannington Townhall on October 6, 2025, and caused the following form of notice of the public hearing to be publish published two (2) times in the South Jersey Times on August 14, 2025 and September 23, 2025, and two (2) times in the Elmer Times on August 14, 2025 and September 25, 2025:
PUBLIC NOTICE
Mannington Township
Hearing on Application of Comcast of South Jersey, LLC
for Municipal Consent to Cable Television Franchise Renewal
TAKE NOTICE that the Township Committee of the Township of Mannington, County of Salem, New Jersey, will hold a public hearing at Mannington Townhall, 491 Route 45, Mannington, New Jersey 08079, on Monday, October 6, 2025, at 5:30 p.m., for the purpose of evaluating the application of Comcast of South Jersey, LLC, for renewal of its municipal consent to own, operate, extend, and maintain a cable television and cable communications system in the Township of Mannington, in accordance with N.J.S.A. 48:5A-23, N.J.A.C. 14:18-11.6, and all other applicable statutory and regulatory requirements. All interested parties are invited to attend and be heard with respect to the application. Copies of the application are on file for public review in the office of Amber Ayars, Acting Clerk, at Mannington Townhall (address above), during regular business hours: Mondays through Thursdays from 9:00 a.m. to 12:00 noon and 1:00 p.m. to 4:00 p.m.; Fridays from 9:00 a.m. to 12:00 noon. This notice will be published once again between the fourteenth (14th) and the seventh (7th) day prior to the aforesaid hearing date.
AND, WHERAS, at the public hearing, which took place at the time, date, and location indicated in the aforesaid notice, the Township Committee heard testimony from representatives of the Company and provided an opportunity for interested persons to testify, comment, and ask questions about the Application; and
WHEREAS, based on the Application, and the information obtained at the aforesaid public hearing, and information subsequently obtained from the Mannington Township Elementary School and the Salem County Vocational-Technical High School to confirm that neither school desires Education Government (“EG”) access channel services in connection with the requested franchise renewal, the Township Committee has determined that the Company’s Municipal Consent should be renewed subject to the same conditions that are set forth in the Board’s above referenced November 20, 2001, Renewal Certificate of Approval, and the Board’s December 19, 2017, Automatic Renewal Certificate of Approval (updated to reflect current regulatory procedures and Company practices and policies), except that the Municipal Consent, as hereby renewed, shall not include EG access channels, and shall run for only ten (10) years without automatic renewal;
NOW THEREFORE BE IT ORDAINED, by the Township Committee of the Township
of Mannington, in the County of Salem, State of New Jersey, as follows:
SECTION 1. PURPOSE OF THE ORDINANCE
The Township of Mannington hereby grants to the Company renewal of the Company’s 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, 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 a cable television and communications system.
SECTION 2. 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 is 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 Mannington, County of Salem, State of New Jersey.
b. “Company” is the grantee of rights under this Ordinance and is known as COMCAST OF SOUTH JERSEY, LLC.
c. “Act” or “Cable Television Act” is Chapter 186 of the General Laws 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 Board of Public Utilities, State of New Jersey.
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.
SECTION 3. STATEMENT OF FINDINGS
Public hearing(s) conducted by the Township concerning the renewal of Municipal Consent herein granted to the Company were held after proper public notice pursuant to the terms and conditions of the Act and the regulations of the BPU adopted pursuant thereto. Based on said hearing(s), having been fully open to the public, the Township, having received at said public hearing(s) all comments regarding the qualifications of the Company to receive this renewal of Municipal Consent, 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.
SECTION 4. DURATION OF FRANCHISE
The non-exclusive Municipal Consent granted herein shall expire ten (10) years from the date of expiration of the BPU’s aforesaid December 19, 2017 Automatic Renewal Certificate of Approval.
In the event that the Township shall find that the Company has not substantially complied with the material terms and conditions of this Ordinance, the Township shall have the right to petition the OCTV, pursuant to N.J.S.A. 48:5A-47, for appropriate action, including modification and/or termination of the Certificate of Approval; provided however, that the Township 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 Township TWO (2%) PERCENT of the gross revenues from all recurring charges in the nature of subscription fees paid by the subscribers for cable television reception service in the Township or any higher amount permitted by the Act or otherwise allowable by law, whichever is greater.
SECTION 6. FRANCHISE TERRITORY
The consent granted under this Ordinance to the renewal of the franchise shall apply to the entirety of the Township and any property subsequently annexed hereto.
SECTION 7. EXTENSION OF SERVICE
The Company shall be required to proffer service to any person’s residence or business 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 20 dwellings per linear mile from the nearest active distribution line. Installation of cable service to the residence shall be at standard installation rates when the structure is within 250 feet of its active distribution lines. Underground service will be installed at no extra charge above aerial cable installation charges where the existing utilities are underground and within 250 feet of trunk lines.
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 nature 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 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.
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 into 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 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 and shall be prepared to report on it to the Township upon written request of the Township 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 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 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 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 law.
e. The Company is permitted, but is not required to, charge a late fee consistent with applicable state and federal statutes and regulations.
SECTION 10. 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.
SECTION 11. 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. Such a business office shall have a publicly listed toll-free telephone number and be open during standard retail hours, and in no event (excepting emergent circumstances) less than 40 hours per week.
SECTION 12. PERFORMANCE BONDS
During the life of the franchise the Company shall give to the Township a bond in the
amount of TWENTY-FIVE THOUSAND ($25,000.00) DOLLARS. Such bond shall be to insure the faithful performance of all undertakings of the Company as represented in the Application and incorporated herein.
SECTION 13. SUBSCRIBER RATES
The rates of the Company shall be subject to regulation as permitted by federal and state law.
SECTION 14. COMMITMENTS BY THE COMPANY
This renewal of Municipal Consent is conditioned on the Company’s commitment to provide the following additional installations, facilities, and services for the duration of the franchise:
a.The Company shall provide standard installation and expanded basic television service, or an equivalent tier, at no charge, on one (1) outlet to Mannington Township Hall and fire, public works, and EMS/rescue in the Township, provided they are located within 250 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.The Company shall provide standard installation and expanded cable television service, or an equivalent tier, at no charge, on one (1) outlet to each qualified existing school in the Township, public and private, elementary, intermediate and secondary, provided the facility is within two hundred (250) feet of active cable distribution plant. Each additional outlet installed, if any, shall be paid for on a materials-plus basis by the school.
c.The Company shall continue to provide basic Internet service, via high speed cable modem at no cost to one non-networked personal computer in Mannington Township School, and to one non-networked personal computer in Mannington Townhall.
SECTION 15. EMERGENCY USES
The Company will comply with the Emergency Alert System (“EAS”) rules in accordance with applicable state and federal statutes and regulations.
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.
SECTION 16. LIABILITY INSURANCE
The Company shall, at all times, maintain a comprehensive general liability insurance policy with a single limit amount of $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 a excess liability (or “umbrella”) policy in the amount of $5,000,000. Mannington Township shall be named as an additional insured on these policies and duplicate policies shall be delivered to the Township.
SECTION 17. INCORPORATION OF THE APPLICATION
All of the commitments and statements contained in the Application and any amendment thereto submitted in writing to the Township by the Company, except as modified herein, are binding upon the Company as terms and conditions of this Municipal 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 it does not conflict with state or federal law. All ordinances or parts of ordinances or other agreements between the Township and the Company that are in conflict with the provisions of this agreement are hereby declared invalid and superseded.
SECTION 18. COMPETITIVE EQUITY
Should the Township grant 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.
SECTION 19. SEVERABILITY
If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason 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 20. FORCE MAJEURE
The Company shall not be liable or responsible for, in whole or in part, any delay or failure to perform any of its obligations hereunder which may result from accidents, pandemics, floods, fires, earthquakes, tornadoes or other acts of God; war, acts of war (whether or not a declaration of war is made), civil disobedience; civil disturbance, sabotage or vandalism, customer tampering or interference, or act of public enemy; strikes, other labor or job actions or unavailability of materials or equipment; or other events or circumstances beyond the reasonable control of the Company.
SECTION 21. THIRD 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.
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SECTION 22. EFFECTIVE DATE
The Ordinance shall take effect immediately upon issuance of a Renewal Certificate of Approval from the BPU.
NOTICE
Notice is hereby given that the foregoing proposed Ordinance No. 25-07 was introduced and passed on first reading by the Township Committee of the Township of Mannington, County of Salem, State of New Jersey, at a regularly scheduled meeting held on December 1, 2025. A second reading and public hearing on the foregoing Ordinance will be conducted by the Township Committee at a regularly scheduled meeting to be held on December 15, 2025 at 5:30 p.m., in the Mannington Townhall, 491 Route 45, Mannington Township, New Jersey, after which the Ordinance will be considered for final passage
ATTEST:
/s/Donald C. Asay, Mayor
/s/Amber Ayars, Acting Clerk
CERTIFICATION
I hereby certify the above to be a true copy of an Ordinance introduced and passed by the Mannington Township Committee on second reading following a public hearing at a regular meeting held on December 15th, 2025.
Amber Ayars, Acting Clerk
DATE: