Title 48, Title 48: PUBLIC UTILITIES

48:5A-39. Prohibited activities No CATV company shall: a. Adopt, maintain or enforce any regulation, practice or measurement which shall be unjust, unreasonable, unduly preferential, arbitrarily or unjustly discriminatory or otherwise in violation of law; b. Provide or maintain a…

48:5A-4 Office of Cable Television; establishment; inapplicability of Title 48 to cable television. 4. There is hereby established in the Board of Public Utilities an Office of Cable Television; but nothing in P.L.1972, c.186 (C.48:5A-1 et seq.) shall be construed as declaring or…

48:5A-40 Sale, mortgage, lease, disposition, encumbrance, merger, consolidation, certain circumstances, approval by board. 40. a. Except as otherwise provided by subsections b. and c. of this section, no CATV company shall, without the approval of the board, sell, lease, mortgage…

48:5A-41. Loan of money or property to owners or corporations owned by shareholders; approval of board Except with the approval in writing of the board first had and obtained, no CATV company shall loan any of its money or property to any other person owning, holding or controlli…

48:5A-42 Issuance, renewal of stocks, bonds, notes, other evidences of indebtedness, certain circumstances; review by board. 42. Except as otherwise provided by subsection c. of this section, no CATV company shall, unless it shall have first obtained authority from the board to d…

48:5A-43. Sale or transfer of stock to other CATV corporation or to corporation or person resulting in acquisition of majority in interest; authorization No CATV company incorporated under the laws of this State shall sell, nor shall any such CATV company permit to be made upon i…

48:5A-44. Requirements by board; notice; system of accounting; depreciation account; report of finances and operations; notice of accidents The board may, upon notice, by order in writing require every CATV company: a. To keep its books, records and accounts so as to afford an in…

48:5A-45. Records, books, accounts, documents and writings; keeping within state; consent for exemption; conditions; designation of agent as custodian; jurisdiction for enforcement of compliance a. Every CATV company shall at all times keep within this State all records, books, a…

48:5A-46. Inspection and examination of books, records, accounts, papers and memoranda The board and any officers or employees of the office under its direction may inspect and examine all books, records, accounts, papers and memoranda kept by any CATV company in respect of any m…

48:5A-47 Revocation, suspension, alteration of certificate, franchise. 47. The board may, after affording the holder an opportunity to be heard, revoke, suspend or alter any certificate of approval or franchise for the violation of any provisions of P.L.1972, c.186 (C.48:5A-1 et …

48:5A-48. Order to extend system, to repair, to improve or add to system The board may, after affording an opportunity for hearing, order a CATV company (1) to construct and operate any reasonable extension of its existing CATV system within the certified territory, (2) to make a…

48:5A-49. Landlords allowing cable television service reception by tenants; prohibition of charges and fees; indemnification of owners by installers; definitions a. No owner of any dwelling or his agent shall forbid or prevent any tenant of such dwelling from receiving cable tele…

48:5A-5. Director; qualifications; compensation; appointment; term The office shall be headed and administered by a director, who shall be a person qualified by training and experience to perform the duties of his office, and shall receive such salary as shall be provided by law.…

48:5A-50. Immunity from liability for use of facilities for CATV company No cable television company shall be liable to prosecution or for damages, directly or indirectly, arising out of any suit for libel, slander, defamation of character, indecency, invasion of privacy or any o…

48:5A-51 Penalties, enforcement. 51. a. Any person or any officer or agent thereof who shall knowingly violate any of the provisions of P.L.1972, c.186 (C.48:5A-1 et seq.) or aid or advise in such violation, or who, as principal, manager, director, agent, servant or employee know…

48:5A-53. Severability If any provision of this act or the application of such provision is held invalid for any reason, the remainder of this act or the application of the provision to other circumstances shall not be affected thereby. L.1972, c. 186, s. 53.

48:5A-54. Short title This act shall be known and may be cited as the "Cable Subscriber Privacy Protection Act." L. 1988, c. 121, s. 1.

48:5A-55. Definitions As used in this act: a. "Upstream communications channel" means a signaling path provided by a cable television company for the transmission of signals over a cable television system from subscriber terminals; b. "Interactive cable television program or serv…

48:5A-56. Personally identifiable information a. A cable television company may, without the subscriber consent required pursuant to subsection d. of this section or section 4 of this act, collect, receive, store, aggregate and use only such personally identifiable information re…

48:5A-57. Provision of personally identifiable information to others a. No cable television company shall rent, sell or otherwise release personally identifiable information, in part or whole, without the prior written or electronic consent of the subscriber, to any person except…

48:5A-58. Disclosure to subscriber a. A cable television company shall disclose to a subscriber all information which the company possesses pertaining to that subscriber upon request of the subscriber. b. A subscriber may examine and copy any information in the possession of a ca…

48:5A-59. Monitoring a. Except as otherwise provided in this act, no signal of any upstream communications channel may be transmitted from a subscriber terminal for the purpose of monitoring individual household viewing patterns or practices except with the written authorization …

48:5A-6 Director; powers and duties. 6. The director under the supervision of the President of the Board shall organize the work of the office and establish therein such administrative subdivisions as may be deemed necessary, proper and expedient. The director may formulate rules…

48:5A-60. Collection of debt This act shall not prohibit a cable television company from providing individual subscriber data to a proper court or agency for the purposes of collecting a debt owed the company. L. 1988, c. 121, s. 7.

48:5A-61. Examination, disclosure of data This act shall not prohibit the examination of aggregate data by, or the disclosure of such data to, any third party, provided that the data contain no personally identifiable information concerning any subscriber, his household, or a use…

48:5A-62. Fine for violation Any person who discloses personally identifiable information in violation of this act or otherwise engages in negligent, willful or reckless conduct in violation of this act shall be subject to a fine of not less than $500.00 for each disclosure, or f…

48:5A-63. Liability a. Subject, where appropriate, to the "New Jersey Tort Claims Act" (N.J.S. 59:1-1 et seq.), any person, State or local agency or other governmental or public entity which discloses personally identifiable information in violation of this act, or otherwise enga…

48:5A-64 Contract between private aggregator and municipalities. 6. a. A private aggregator may enter into a contract with two or more municipalities for the purpose of facilitating the joint action of those municipalities in granting municipal consent for the provision of cable …

48:5A-7 Officers and employees; appointment; terms of employment. 7. Subject to the provisions of Title 11A of the New Jersey Statutes, and within the limits of funds appropriated or otherwise made available, the director with the approval of the President of the Board may appoin…

48:5A-8. Annual report The director shall make an annual report to the board of the office's operations, and render such other reports as the board shall from time to time request or as may be required by law. L.1972, c. 186, s. 8.

48:5A-9 Board and director; power, authority and jurisdiction. 9. The board, which is empowered pursuant to P.L.1972, c.186 (C.48:5A-1 et seq.) to be the local franchising authority in this State, and the director under the supervision of the board, shall have full right, power, …