Title 48, Title 48: PUBLIC UTILITIES

48:5A-10.3 Electronic filing of documents by entities under jurisdiction of BPU. 3. a. Notwithstanding the provisions of any law, rule, regulation, or order to the contrary, the board shall, consistent with federal law, establish, on its official Internet site, a secure online pr…

48:5A-11 Rates, charges and classifications for services; filing; publication; notice; review; hearings; limitations on revenues; effective competition. 11. a. (1) The board, through the office, shall, consistent with federal law, prescribe just and reasonable rates, charges, and…

48:5A-11.1 Public purpose. 1. It is declared that many persons who are elderly or who have a disability reside in the State whose annual net income from all sources is less than the amount necessary to enable them to maintain decent living conditions and whose income is fixed in …

48:5A-11.10 Cable television company, specific late fee, method of calculation. 2. a. Notwithstanding the provisions of any law, rule, regulation or order to the contrary, the board shall not allow a cable television company that provides cable television reception service within…

48:5A-11.11 CATV, advance notification, certain; requirement eliminated. 1. Notwithstanding any law, rule, regulation or order to the contrary, a cable television company shall not be required to provide advance notification to the Office of Cable Television, to the cable televis…

48:5A-11.12 Definitions relative to cable television, telecommunications service contracts. 1. As used in section 2 of P.L.2017, c.378 (C.48:5A-11.13): "Bundle contract" means the provision of cable television service and telecommunications service to a residential customer in th…

48:5A-11.13 Opting out of contract without penalties for victims of domestic violence. 2. A cable television company shall allow a residential customer who is under a contract with a CATV company, including but not limited to, a bundle contract or multi-year contract, to opt-out …

48:5A-11.2 Discounted CATV rates; qualifications. 2. Notwithstanding the provisions of P.L.1972, c.186 (C.48:5A-1 et seq.) or of any other State law to the contrary, any CATV company providing service may establish rates or schedules which provide for a reduction or discount in r…

48:5A-11.3 Discount in rates not mandatory. 3. A cable television company shall not be required, as part of any franchising agreement, or renewal thereof, or as part of any negotiations leading up to a franchising agreement, or renewal thereof, or pursuant to order, rule or regul…

48:5A-11.4. No additional charge to hearing impaired individuals No CATV company shall charge or in any way penalize a subscriber for the possession or use of any auxiliary equipment designed to facilitate the reception of basic cable service by a hearing impaired individual and …

48:5A-11.5. No charge permitted No CATV company shall charge or in any way penalize a subscriber for the possession or use of a video cassette recorder, video disc, computer or other auxiliary equipment provided by the subscriber and either not connected to a television receiver …

48:5A-11.6. No charge if connected by subscriber, in series No CATV company shall charge or in any way penalize a subscriber for the possession or use of a video cassette recorder, video disc, computer or other auxiliary equipment provided by the subscriber and connected by the s…

48:5A-11.7. Installation Any connection made to a cable television system, either directly or indirectly, pursuant to the provisions of section 2 or 4 of this act shall be made in a manner as to prevent signal leakage, and so as not to otherwise interfere with the proper operatio…

48:5A-11.8. Charge for connection of auxiliary equipment Nothing in this act shall be construed as prohibiting a CATV company from charging a subscriber for connection services rendered the subscriber for auxiliary equipment provided by the subscriber. 1987,c.395, s.6.

48:5A-11.9. Other law not superseded Nothing in this act shall be construed as authorizing the use or possession of equipment prohibited by N.J.S. 2C:20-8. 1987,c.395, s.7.

48:5A-11a Cable TV outages. 1. a. The director, with the approval of the board, shall adopt rules and regulations providing for a credit or rebate for outages of cable television service which are six or more hours in duration. The amount of the credit or rebate shall be in one d…

48:5A-11b Notices to subscribers. 1. a. Notice to subscribers of refund liability and ordered rate decreases shall commence concurrent with subscriber credits within the next billing cycle following approval of the refund liability statement by the appropriate agency, whether the…

48:5A-15 Certificate of approval or system-wide franchise for extension, operation of CATV system; exceptions. 15. No person shall hereafter begin the construction or extension of a CATV system, or begin the operation of a CATV system, or acquire ownership or control thereof, wit…

48:5A-16 Application for certificate of approval, system-wide franchise, fees; decision; appeal; hearings. 16. a. Any entity that seeks to provide cable service in this State after the effective date of P.L.2006, c.83 (C.48:5A-25.1 et al.) may apply for either individual certific…

48:5A-17 Certificate of approval, system-wide franchise for CATV operations. 17. a. The board shall issue a certificate of approval or a system-wide franchise, as appropriate, when, after reviewing the application, and after the required meeting and hearings have been held pursua…

48:5A-18 Hearings; conduct; notice; intervention by municipalities; fees; disposition of fees and charges. 18. a. Any hearing held pursuant to the provisions of section 16 or section 17 of P.L.1972, c.186 (C.48:5A-16 or C.48:5A-17) shall be open to the public, and notice thereof …

48:5A-19 Certificate of approval, system-wide franchise; transferability; duration; renewal. 19. a. A certificate of approval issued by the board shall be nontransferable, except by consent of the board and shall specify the area to which it applies and the municipal consents upo…

48:5A-2 Legislative findings, determinations, and declarations. 2. The Legislature finds, determines and declares: a. That, after careful investigation, it appears that the rates, services and operations of cable television companies in this State are affected with a public inter…

48:5A-20 Highways and rights-of-way; use; joint use with other CATV company or public utility. 20. a. Upon obtaining the prior approval of the board, if necessary, a CATV company may construct and maintain the wires, cables, and conduits necessary to its business upon, under or o…

48:5A-20.1 Notice of development applications to CATV general manager, municipal registration. 7. Within 30 days after the effective date of P.L.2006, c.83 (C.48:5A-25.1 et al.), the board shall notify the general manager of every cable television company that, in order to receiv…

48:5A-21 Lease, rental of facilities, rights-of-way. 21. Upon the prior approval of the board, any person may lease or rent or otherwise make available facilities or rights-of-way, including pole space, to a CATV company for the redistribution of television signals to or toward t…

48:5A-22. Municipal consent; necessity for certificate of approval In any case where a CATV company operates or proposes to operate in a municipality or municipalities where facilities are to be placed in, along, beneath or over highways and other public places, no certificate of…

48:5A-23. Application; filing; fee; hearings; notices; additional applications; decision by municipality; report; conditions; fees; disposition a. Application for a municipal consent required under section 22 of this act shall be made by a CATV company by filing thereof, on forms…

48:5A-24. Issuance by ordinance; terms; acceptance by company Issuance of a municipal consent shall be by ordinance of the governing body, which shall have annexed thereto and incorporated therein the application filed therefor. All engagements and representations made by the CAT…

48:5A-25 Conformance of municipal consent with act. 25. A municipal consent issued pursuant to this act shall conform in form and substance to all requirements of this act and of rules, regulations and orders duly promulgated by the director. It shall specify with particularity t…

48:5A-25.1 Municipal consents, certificates of approval previously issued remain in effect, conversion to system-side franchise; conditions. 19. a. Municipal consents and certificates of approval for applications to provide cable television services in a municipality issued prior…

48:5A-25.2 Requirements for CATV system-wide franchise. 20. a. As part of any system-wide franchise issued by the board pursuant to P.L.1972, c.186 (C.48:5A-1 et seq.), a CATV company shall be required to: (1) begin providing cable television service on a commercial basis, within…

48:5A-26 Designation of municipal "complaint officer;" Office of CATV for system-wide franchises. 26. a. Any ordinance issuing a municipal consent pursuant to P.L.1972, c.186 (C.48:5A-1 et seq.) shall designate some officer, office, bureau or other agency of the municipal governm…

48:5A-26.1 Record of complaints, annual report. 8. a. In addition to the requirements as provided in section 26 of P.L.1972, c.186 (C.48:5A-26), the board shall, upon notice, by order in writing require every CATV company to keep for at least a period of three years, a record of …

48:5A-27. Information on applicant's financial responsibility, technical competency and general fitness Whenever a CATV company shall apply to a municipality for the municipal consent required under this act, the municipal governing body may, before acting upon such application, …

48:5A-28 Contents of application, commitments by system-wide franchises. 28. Each application for a municipal consent or system-wide franchise shall contain: a. A description of the initial area to be served. b. A description of the proposed service in terms of the number of chan…

48:5A-28.1 Rules for dispute resolution between companies and municipalities. 24. The board shall adopt rules for procedures for resolving disputes between CATV companies and between CATV companies and municipalities concerning the provisions of subsections i. through m. of secti…

48:5A-28.2 Application requirements relevant to board's decision on applications; enforcement of commitments. 25. a. All of the elements required to be included in the franchise application pursuant to P.L.1972, c.186 (C.48:5A-1 et seq.) shall form, in part, the foundation for th…

48:5A-29 Conformance of proposals, representations to rules, regulations. 29. All proposals and representations included in an application for municipal consent or a system-wide franchise shall conform to applicable rules and regulations of the office; except that nothing in P.L.…

48:5A-3 Definitions. 3. As used in this act, except as the context may otherwise clearly require or indicate: a. "Board" means the Board of Public Utilities. b. "Office" means the Office of Cable Television established by the "Cable Television Act," P.L.1972, c.186 (C.48:5A-1 et …

48:5A-30 Payment from CATV company to municipality; system-wide franchise fees, local and State. 30. a. Except as provided in subsection d. of this section, in consideration of a municipal consent issued under P.L.1972, c.186 (C.48:5A-1 et seq.), the CATV company to which the mun…

48:5A-31. Municipal officers and employees; interest in CATV company; prohibitions It is unlawful for a member of a municipal governing body or any other officer or employee of a municipality to acquire any interest, direct or indirect, in a CATV company which has applied for or …

48:5A-32. Annual assessment by office To enable the office to perform its lawful duties and responsibilities relating to the regulation of CATV companies, the director shall annually make an assessment against each CATV company, which shall be in lieu of all other fees and charge…

48:5A-33. Amount The assessment shall be equal to a percentage of the gross operating revenues of all CATV companies under the jurisdiction of the office derived from intrastate operations during the preceding calendar year at a rate to be determined annually by the office on or …

48:5A-34. Levy and payment; statement of amount; statement of gross operating revenues by companies; filing; objections; hearings; determination; failure to pay; collection; actions for recovery of amount paid a. Such assessment shall be levied not later than July 1, and shall be…

48:5A-35. Failure to pay amount; notice to state treasurer and company; collection by seizure and sale of goods or chattels a. If any CATV company to which a statement for the amount assessed against it as provided in this act has been rendered fails or refuses to pay the amount …