reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 18 - REGULATIONS OF CABLE TELEVISION › Subchapter 7 - REPORTS AND FILINGS › Section 14:18-7.7 - Telephone system performance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each cable
				television operator shall provide the Office with the following information for
				all telephone trunk lines normally used by subscribers and the general public
				for every office it maintains:
1. The total
				number of incoming calls received during each day of the listed
				month;
2. The percentage of time in
				which an inward dialed telephone call would receive a busy signal for each day
				for the listed month;
3. The
				average length of time of incoming calls held in queue (hold time) for each day
				for the listed month; and
4. The
				percentage of calls terminated by the caller (abandoned) while the call is held
				in queue during each day for the listed month.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 18 - REGULATIONS OF CABLE TELEVISION › Subchapter 7 - REPORTS AND FILINGS › Section 14:18-7.8 - Telephone customer service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each cable
				television operator is subject to the following customer service standards
				concerning cable television system telephone availability:
1. The cable television operator shall
				maintain a local, toll-free or collect telephone access line which will be
				available to its customers 24 hours a day, seven days a week.
i. Trained company representatives will be
				available to respond to customer telephone inquiries during normal business
				hours.
ii. After normal business
				hours, the access line may be answered by a service or automated response
				system, including an answering machine. Inquiries received after normal
				business hours shall be responded to by a trained company representative on the
				next business day.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 18 - REGULATIONS OF CABLE TELEVISION › Subchapter 7 - REPORTS AND FILINGS › Section 14:18-7.9 - Cable service quality standards

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				This section establishes service quality standards that govern cable providers.
				The Board may, upon review, suspend application of any provision of this
				chapter for periods of emergency, catastrophe, natural disaster, or other
				events the Board considers beyond the control of the cable company.
(b) A cable company shall meet the following
				minimum service quality standards:
1. Answer
				Calls. Under normal operating conditions during business hours, not less than
				90 percent of calls to the cable operators' customer service center shall be
				answered within 30 seconds by a representative, including wait time; if a call
				is transferred, transfer time will not exceed 30 seconds;
2. Busy Signal. Under normal operating
				conditions, a customer shall receive a busy signal less than three percent of
				the time;
3. Call Back. At least 90
				percent of the calls to the customer service center placed on hold shall be
				provided an opportunity to leave a call back number for the call to be returned
				within 30 minutes of initiation of the call. Companies who provide customers
				with the ability to schedule a call with the customer service center in advance
				are not subject to this requirement;
4. Mean Time to Install. Under normal
				operating conditions, at least 95 percent of standard installations, defined as
				those that are located within 125 feet from the existing distribution system,
				shall be completed within seven business days of the order being
				placed;
5. Call Resolution. At
				least 85 percent of customer service calls requiring a technician visit shall
				be resolved within 14 days;
6.
				Appointments. Under normal operating conditions, at least 95 percent of
				appointments scheduled with customers for installations and installation
				activities and other service calls shall be completed on time, as scheduled,
				for a specific time or, at a maximum, a four-hour time block during normal
				business hours, unless modified by the customer. If a cable representative is
				running late and must cancel the appointment, the appointment shall be
				rescheduled at a time convenient for the customer;
7. Service Interruptions. Excluding
				conditions beyond the control of the operator, at least 95 percent of the time,
				the company shall begin working on service interruptions within 24 hours after
				the interruption becomes known; and
8. Repeat Trouble Reports. At least 90
				percent of repeat service trouble reports shall be completed within 14
				days.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 18 - REGULATIONS OF CABLE TELEVISION › Subchapter 8 - LIABILITY INSURANCE › Section 14:18-8.1 - Liability insurance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person
				operating a cable television company in accordance with the applicable statutes
				shall file with the Office two copies of a certificate of insurance.
(b) Said certificate shall be signed by the
				issuing insurance company and shall state that the cable television company is
				insured in compliance with
				48:5A-1 et seq. under the standard
				form of insurance policy, and, in addition thereto, they shall furnish
				information as to the types and amounts of all insurance coverage.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 18 - REGULATIONS OF CABLE TELEVISION › Subchapter 9 - TESTING OF SERVICE › Section 14:18-9.1 - Equipment for testing

Current through Register Vol. 56, No. 14, July 15, 2024
A list of testing equipment by which system performance
				  tests may be conducted pursuant to the rules now promulgated or which may be
				  promulgated by the FCC or the Office and the location of such equipment shall
				  be kept on file at the local cable television company office. Such equipment
				  shall be available, upon reasonable request by the Office, for such additional
				  or special tests as may be required.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 18 - REGULATIONS OF CABLE TELEVISION › Subchapter 9 - TESTING OF SERVICE › Section 14:18-9.2 - Proof of performance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each cable
				television company shall be required to maintain for inspection and file with
				the Office upon request copies of its semiannual proof-of-performance tests
				conducted in accordance with Part 76 Subpart K of Title
				47 CFR §
										76.601(c) to determine the
				extent of system compliance with technical standards 76.605(a).
(b) Copies of the semiannual
				proof-of-performance test results shall be filed with the Office during the
				months of March and September of each calendar year.
(c) Test results shall be accompanied by a
				statement indicating the extent to which the system complies with the
				applicable standards.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 18 - REGULATIONS OF CABLE TELEVISION › Subchapter 10 - TECHNICAL STANDARDS FOR SYSTEM OPERATION › Section 14:18-10.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
The following requirements shall apply to cable television
				  system performance as measured at any subscriber terminal with a matched
				  terminating impedance, and to each National Television Systems Committee (NTSC)
				  or similar video downstream cable television channel in the cable
				  system.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 18 - REGULATIONS OF CABLE TELEVISION › Subchapter 10 - TECHNICAL STANDARDS FOR SYSTEM OPERATION › Section 14:18-10.2 - Technical performance requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every cable
				television system providing cable television service shall be required to do so
				in accordance with the rules and regulations specified in Part 76, Subpart K of
				Title 47 CFR.
(b) Each cable
				television operator shall be prepared to show, on request by an authorized
				representative of the Office, that the system does, in fact, comply with the
				rules and regulations of Part 76, Subpart K of Title 47 CFR.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 18 - REGULATIONS OF CABLE TELEVISION › Subchapter 10 - TECHNICAL STANDARDS FOR SYSTEM OPERATION › Section 14:18-10.3 - Requirements for specialized NTSC video or MPEGx and non-video signals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every cable
				television operator providing locally originated television programming
				received from any origination source, shall make reasonable efforts to use good
				engineering practices in the processing of each programming signal to guard
				against any unnecessary degradation in the signal received and delivered to the
				customer.
(b) Every cable
				television operator providing non-video signals or data transmission for
				testing, encoding, decoding or addressing purposes, shall use good engineering
				practices in transmitting the signal without material degradation or
				objectionable interference to any channel delivered to the customer.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 18 - REGULATIONS OF CABLE TELEVISION › Subchapter 10 - TECHNICAL STANDARDS FOR SYSTEM OPERATION › Section 14:18-10.6 - Additional tests to ensure compliance

Current through Register Vol. 56, No. 14, July 15, 2024
The Office of Cable Television may request certain specific
				  tests at any time and, where necessary and feasible, to show compliance with
				  this subchapter.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 18 - REGULATIONS OF CABLE TELEVISION › Subchapter 11 - APPLICATION BY CABLE TELEVISION COMPANIES FOR MUNICIPAL CONSENT › Section 14:18-11.1 - Application for municipal consent; who may apply

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person may
				apply to any municipality in the State of New Jersey for the issuance of a
				municipal consent for the operation of a cable television system by submitting,
				in triplicate, an application to the clerk of that municipality. Three
				additional copies of the application shall be filed with the Office within
				three days after the municipal filing. The Office shall be provided with copies
				of all correspondence between the municipality or its officials and the cable
				television operator by the party originating the correspondence.
(b) Application for consent shall conform to
				the requirements of
				14:18-11.2, shall be filed on
				forms promulgated by the Office, and shall have attached a filing fee in the
				amount of $ 100.00.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 18 - REGULATIONS OF CABLE TELEVISION › Subchapter 11 - APPLICATION BY CABLE TELEVISION COMPANIES FOR MUNICIPAL CONSENT › Section 14:18-11.2 - Application for municipal consent to operate a cable television system

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every
				application for a consent shall be submitted on a standard form supplied by the
				Office, which form shall include, but not be limited to, the following
				information:
1. Organization and
				management;
2. Legal
				qualifications;
3. Cable
				experience: Affiliation with other television or communications
				systems;
4. System design and
				construction timetable;
5. Proposed
				services;
6. Rates for television
				reception service;
7. Bonding and
				insurance; and
8.
				Financing.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 18 - REGULATIONS OF CABLE TELEVISION › Subchapter 11 - APPLICATION BY CABLE TELEVISION COMPANIES FOR MUNICIPAL CONSENT › Section 14:18-11.3 - Appointment of citizens' committee; duties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The municipal
				governing body, prior to or upon receipt of the first application for municipal
				consent to operate a cable television system, may appoint a citizen's
				committee, which shall be responsible for obtaining and disseminating
				information concerning cable television service generally, analyzing those
				services, which a cable television system may be required or able to provide,
				investigating the backgrounds of the applicants or parties to the application,
				ascertaining the desires of the citizens of the municipality concerning the
				cable television applicant and studying those sections of the application
				concerning which they, as residents of the municipality, have special knowledge
				for example, the acceptability of the construction schedule in the areas
				proposed.
(b) It shall be further
				their responsibility to file a written report concerning these investigations
				and studies, which report shall become part of the record of the proceeding in
				accordance with section 10 of this subchapter. Members of the citizens'
				committee shall afford each applicant an equal opportunity to supply any
				information.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 18 - REGULATIONS OF CABLE TELEVISION › Subchapter 11 - APPLICATION BY CABLE TELEVISION COMPANIES FOR MUNICIPAL CONSENT › Section 14:18-11.4 - Hearing date

Current through Register Vol. 56, No. 14, July 15, 2024
The municipal governing body shall, upon receipt of the first
				  application, decide upon a date on which a hearing will be held concerning the
				  first application and any other applications filed in accordance with
				  48:5A-23. Such date shall be not
				  earlier than 60 days from the date of the first application, nor later than 90
				  days from the date the first application is filed. A municipality may choose to
				  hold its hearing as a separate proceeding or as part of its normal schedule of
				  meetings.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 18 - REGULATIONS OF CABLE TELEVISION › Subchapter 11 - APPLICATION BY CABLE TELEVISION COMPANIES FOR MUNICIPAL CONSENT › Section 14:18-11.5 - Ex parte communications; prohibitions

Current through Register Vol. 56, No. 14, July 15, 2024
Where there are two or more initial applicants, no member of
				  the municipal governing body may communicate ex parte by telephone or
				  otherwise, or meet with any one applicant concerning any substantive matter
				  contained in the application on file without first notifying all other
				  applicants of such meeting or communication. Nothing herein shall prohibit
				  communication, without notice, concerning procedural matters associated with
				  the filing or hearing of an application.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 18 - REGULATIONS OF CABLE TELEVISION › Subchapter 11 - APPLICATION BY CABLE TELEVISION COMPANIES FOR MUNICIPAL CONSENT › Section 14:18-11.6 - Notice of hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The municipal
				governing body shall give notice of the date scheduled for hearing concerning
				the first application or any further applications by publishing in a newspaper
				or newspapers of general circulation in the area information as to:
1. The identity of the applicant or
				applicants;
2. The time and place
				of hearing; and
3. The place at
				which and time within which applications may be examined by residents of the
				municipality and other interested parties.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 18 - REGULATIONS OF CABLE TELEVISION › Subchapter 11 - APPLICATION BY CABLE TELEVISION COMPANIES FOR MUNICIPAL CONSENT › Section 14:18-11.7 - Hearings; before whom held

Current through Register Vol. 56, No. 14, July 15, 2024
Hearings must be held before the municipal governing body or
				  a majority thereof. The above mentioned governing body shall designate a
				  presiding officer who shall have the responsibility for the conduct of the
				  hearings.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 18 - REGULATIONS OF CABLE TELEVISION › Subchapter 11 - APPLICATION BY CABLE TELEVISION COMPANIES FOR MUNICIPAL CONSENT › Section 14:18-11.8 - Procedure at hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The presiding
				officer shall call the proceeding for hearing and cause the appearances to be
				entered on the record. The presiding officer must determine the order in which
				applicants may be heard. Any person giving testimony shall do so under
				oath.
(b) Each applicant shall be
				given time to make an opening presentation concerning the application on file
				at the first hearing.
(c) All
				persons shall be given full opportunity to participate in the hearings and to
				question any applicant concerning the information required in the
				application.
(d) Nothing herein
				shall limit the power of the presiding officer to establish reasonable time
				limits for such questioning and to otherwise limit repetitive statements or
				questions.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 18 - REGULATIONS OF CABLE TELEVISION › Subchapter 11 - APPLICATION BY CABLE TELEVISION COMPANIES FOR MUNICIPAL CONSENT › Section 14:18-11.9 - Amendments to application; notice

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant
				may, until seven days prior to the first hearing scheduled, submit to the
				municipal governing body changes, modifications or amendments of information
				contained in the application.
(b)
				Copies of such amendments shall be served upon the municipality, each applicant
				in the proceeding, and the Office, at the same time by the same method of
				service.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 18 - REGULATIONS OF CABLE TELEVISION › Subchapter 11 - APPLICATION BY CABLE TELEVISION COMPANIES FOR MUNICIPAL CONSENT › Section 14:18-11.10 - Additional information other than amendatory; notice

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An applicant
				may, until four days prior to the close of hearings, submit to the governing
				body such additional, clarifying, explanatory, or supplemental information as
				may be helpful to the members in reaching a decision.
(b) At any stage prior to the close of the
				hearing, the presiding officer may require further information upon any issue
				to be presented by the applicant(s) concerned.
(c) Copies of such information shall be
				served upon the municipality, each applicant in the proceeding, and the Office
				at the same time by the same method of service.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 18 - REGULATIONS OF CABLE TELEVISION › Subchapter 11 - APPLICATION BY CABLE TELEVISION COMPANIES FOR MUNICIPAL CONSENT › Section 14:18-11.11 - Record of hearing

Current through Register Vol. 56, No. 14, July 15, 2024
The municipal governing body will cause to be made a record
				  of all public hearings conducted pursuant to the requirements of
				  48:5A-23, which record with all
				  papers filed in the proceeding and, if applicable, the report of citizens'
				  committee referred to herein above shall constitute the record for decision.
				  Record of the hearing shall be made in the manner in which the municipality
				  causes its general public hearing records to be made.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 18 - REGULATIONS OF CABLE TELEVISION › Subchapter 11 - APPLICATION BY CABLE TELEVISION COMPANIES FOR MUNICIPAL CONSENT › Section 14:18-11.12 - Adjournments of hearing

Current through Register Vol. 56, No. 14, July 15, 2024
Adjournment of any hearing shall be permitted, provided that
				  all hearings are completed within 30 days of the date of initial hearing as
				  required by N.J.S.A. 48:5A-23b.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 18 - REGULATIONS OF CABLE TELEVISION › Subchapter 11 - APPLICATION BY CABLE TELEVISION COMPANIES FOR MUNICIPAL CONSENT › Section 14:18-11.13 - Decision; time; contents

Current through Register Vol. 56, No. 14, July 15, 2024
The municipal governing body shall, not later than 30 days
				  from the date of the last hearing, make a decision as to whether to grant one
				  or more of the applicants a municipal consent ordinance to operate a cable
				  television system and shall issue a written report. A written report of that
				  decision shall be filed promptly with the clerk of the municipality and with
				  the Office of Cable Television. In addition to the decision itself, the report
				  shall contain detailed and specific information as to the reason for the
				  decision and shall have attached information concerning the municipality,
				  governing body and hearing proceedings. The written report may be in the form
				  of a draft ordinance or a resolution.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 18 - REGULATIONS OF CABLE TELEVISION › Subchapter 11 - APPLICATION BY CABLE TELEVISION COMPANIES FOR MUNICIPAL CONSENT › Section 14:18-11.14 - Notification of utilities; negotiations

Current through Register Vol. 56, No. 14, July 15, 2024
The successful applicant(s) immediately, upon the filing of
				  the municipal decision and report, shall notify the utilities or individuals
				  whose facilities are required for the construction of the cable television
				  system and shall be authorized to begin negotiations for pole attachment or
				  conduit-use agreements or rights-of-way, as applicable.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 18 - REGULATIONS OF CABLE TELEVISION › Subchapter 11 - APPLICATION BY CABLE TELEVISION COMPANIES FOR MUNICIPAL CONSENT › Section 14:18-11.15 - Form of consent

Current through Register Vol. 56, No. 14, July 15, 2024
A grant of consent to operate a cable television system
				  shall be in the form of an ordinance passed in accordance with the applicable
				  provisions of
				  40:49-1 et seq.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 18 - REGULATIONS OF CABLE TELEVISION › Subchapter 11 - APPLICATION BY CABLE TELEVISION COMPANIES FOR MUNICIPAL CONSENT › Section 14:18-11.16 - Contents of ordinance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every ordinance
				passed shall conform to the requirements of
				48:5A-24, 25 and 26, and shall
				contain information as to the following:
1.
				The territory to which it applies;
2. The term for which it is issued, and the
				term for renewal if any;
3. The
				designation of a complaint officer;
4. The requirement that the successful
				applicant(s) shall maintain a local business office;
5. The incorporation of the application for
				municipal consent;
6. The amount of
				the franchise fee payable to the municipality;
7. Any modifications to the information
				contained in the application.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 18 - REGULATIONS OF CABLE TELEVISION › Subchapter 11 - APPLICATION BY CABLE TELEVISION COMPANIES FOR MUNICIPAL CONSENT › Section 14:18-11.17 - Restrictions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Nothing
				contained herein shall permit the municipal governing body to include in its
				ordinance requirements as to any area which is within the responsibility or
				authority of the Office or the Federal Communications Commission to regulate,
				or which is in conflict with applicable law, including but not limited to:
1. Technical standards;
2. Construction standards;
3. Assignment of the consent;
4. Revocation of the consent;
5. Rates, charges or classifications of
				service other than those for initial cable television reception service as
				defined in N.J.S.A. 48:5A-3e;
6.
				Transfers of property or stock;
7.
				Free services.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 18 - REGULATIONS OF CABLE TELEVISION › Subchapter 11 - APPLICATION BY CABLE TELEVISION COMPANIES FOR MUNICIPAL CONSENT › Section 14:18-11.18 - Office review

Current through Register Vol. 56, No. 14, July 15, 2024
If the municipal governing body has, in its decision,
				  indicated that it will grant a consent to one or more of the applicants to
				  operate a cable television system, it shall then prepare a draft of an
				  ordinance granting consent and submit a copy of the draft, within 45 days after
				  the decision, to the Office for its review, comment and approval. Such
				  ordinance, after approval of the Office, shall be introduced at the next
				  regularly scheduled municipal meeting and considered for adoption not more than
				  one month (30 days) after initial reading.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 18 - REGULATIONS OF CABLE TELEVISION › Subchapter 11 - APPLICATION BY CABLE TELEVISION COMPANIES FOR MUNICIPAL CONSENT › Section 14:18-11.19 - Acceptance by company

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				municipality shall serve the applicant with a copy of the consent ordinance
				within two working days after a final vote upon second reading of the
				ordinance.
(b) A cable television
				company shall accept the consent ordinance, and its terms and conditions, in
				writing within 10 days of service.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 18 - REGULATIONS OF CABLE TELEVISION › Subchapter 11 - APPLICATION BY CABLE TELEVISION COMPANIES FOR MUNICIPAL CONSENT › Section 14:18-11.20 - Commencement date

Current through Register Vol. 56, No. 14, July 15, 2024
For purpose of determining the term of a consent ordinance,
				  the date of issuance of a certificate of approval shall be deemed the
				  commencement date.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 18 - REGULATIONS OF CABLE TELEVISION › Subchapter 12 - APPLICATION FOR CERTIFICATE OF APPROVAL › Section 14:18-12.1 - Filing for a certificate of approval

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 30 days
				of the date of acceptance by the cable television company, a petition for a
				certificate of approval and any completed forms and information required by
				14:18-12.2 shall be filed with the
				Office in accordance with the provision of
				14:17-6.6 or 6.9 unless specific
				approval is given by the Director for filing at a later date.
(b) A petition for a certificate of approval
				filed pursuant to
				48:5A-17(d) 
				(Arbitrary Refusal) shall:
1. Be filed within
				30 days of the date of service of a final ordinance by a municipality in
				accordance with
				14:18-11.1 9; and
2. Be served upon the clerk of the respondent
				municipality; and
3. Where failure
				to act is alleged as arbitrary refusal, be filed within 30 days of the
				appropriate statutory deadline.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 18 - REGULATIONS OF CABLE TELEVISION › Subchapter 12 - APPLICATION FOR CERTIFICATE OF APPROVAL › Section 14:18-12.2 - Information to accompany petition for certificate of approval

Current through Register Vol. 56, No. 14, July 15, 2024
At the time of filing of a petition for a certificate of
				  approval, the applicant(s) shall file with the Office on standardized forms,
				  where applicable, information including, but not necessarily limited to, the
				  information required under
				  14:18-11.2.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 18 - REGULATIONS OF CABLE TELEVISION › Subchapter 12 - APPLICATION FOR CERTIFICATE OF APPROVAL › Section 14:18-12.3 - Requirements for plant rearrangement verification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Applicants for
				a certificate of approval for an additional cable television franchise shall
				submit verifiable cost estimates of projected aerial utility and cable
				television plant rearrangement needed (make-ready work) to permit the
				attachment of the proposed cable television system.
(b) The estimates shall be compiled by one of
				the following methods:
1. A field survey
				conducted by the applicant of all utility poles on which the applicant may
				attach in the proposed service area;
2. A field survey conducted by the applicant
				of at least 10 percent of the poles on which the applicant may attach using a
				statistical random sampling method and extrapolation process. The sample shall
				include the full range of all make-ready work categories which the applicant
				can reasonably expect to encounter in the proposed service area; or
3. A field survey conducted at the
				applicant's cost by the pole-owning utility or other such utility that owns or
				controls those portions of the poles to which the applicant proposes to
				attach.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 18 - REGULATIONS OF CABLE TELEVISION › Subchapter 13 - MUNICIPAL-CONSENT-BASED FRANCHISE RENEWALS › Section 14:18-13.1 - Initiation of municipal-consent-based franchise renewal process

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Municipal-consent-based franchise renewal procedures shall commence in either
				of two ways:
1. Either the municipality or the
				cable television operator may commence a municipal fact finding process
				(ascertainment) by filing notice with the Office and the other party
				(municipality or cable television operator) between 36 and 30 months prior to
				the expiration of the Certificate of Approval; or
2. If no notice is filed pursuant to (a)l
				above, the cable television operator shall commence the process by filing an
				application for municipal consent between 12 and nine months prior to the
				expiration of the Certificate of Approval.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 18 - REGULATIONS OF CABLE TELEVISION › Subchapter 13 - MUNICIPAL-CONSENT-BASED FRANCHISE RENEWALS › Section 14:18-13.2 - Optional pre-proposal phase

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon the filing
				of a notice pursuant to
				14:18-13.1, the municipality shall
				conduct ascertainment proceedings to assess its future cable-related community
				needs and interests and to review past performance of the cable television
				operator. Such proceedings shall afford the municipality, the public and the
				cable television operator notice and opportunity for participation.
1. Proceedings shall take place before either
				the governing body of the municipality or before an advisory committee
				appointed by the governing body. The names of designees and a mailing address
				for the advisory committee shall be forwarded to the Office of Cable Television
				and the cable television operator.
2. In the event the municipality deems that a
				public hearing is necessary to assess the municipality's future cable related
				needs and interests and to review the cable television operator's past
				performance, such hearing shall be held upon at least 15 days' written notice
				to the public and the cable television operator. At any such hearing all
				participants shall have the right to present relevant evidence.
3. Any proceedings pursuant to this section
				shall include transcripts of any public hearings and opportunity for public
				comment, written or oral. Transcripts shall be made at the expense of the
				municipality.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 18 - REGULATIONS OF CABLE TELEVISION › Subchapter 13 - MUNICIPAL-CONSENT-BASED FRANCHISE RENEWALS › Section 14:18-13.3 - Municipal consent

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The cable
				television operator shall file for a municipal consent in the following manner:
1. If the renewal proceeding of
				14:18-13.1(a)1 
				has commenced, the cable television operator shall file an application for
				municipal consent within 90 days of receipt of the municipal report;
2. If the municipality fails to issue a
				report at least 12 months prior to the expiration of the certificate of
				approval, the cable television operator shall file for municipal consent no
				later than nine months prior to the expiration of the certificate of
				approval;
3. At any time upon
				agreement of the cable television operator and the municipality pursuant to
				47
				U.S.C. §
											546(h) which
				allows for informal renewal proceedings.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 18 - REGULATIONS OF CABLE TELEVISION › Subchapter 13 - MUNICIPAL-CONSENT-BASED FRANCHISE RENEWALS › Section 14:18-13.4 - Mandatory pre-proposal phase

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon filing by
				the cable television operator of an application for renewal of its cable
				television franchise pursuant to
				14:18-13.3, the municipality may,
				in the form of a consent ordinance, issue a request for proposal in the
				following manner:
1. Consent phase hearings
				shall commence between 60 and 90 days after the consent application is filed.
				Notice shall be provided pursuant to
				14:18-11.6.
2. Any hearings concerning the consent
				application shall be completed within 120 days after the consent application is
				filed.
3. The municipal governing
				body shall render a decision no later than 150 days from the filing.
4. The applicant shall pay to the
				municipality a fee of $ 50.00 per day of hearing or fraction thereof.
5. Any amendments to the consent application
				shall be in writing.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 18 - REGULATIONS OF CABLE TELEVISION › Subchapter 13 - MUNICIPAL-CONSENT-BASED FRANCHISE RENEWALS › Section 14:18-13.5 - Cable television operator proposal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				municipality may either adopt an ordinance granting renewal municipal consent
				to the cable television operator or issue a resolution denying renewal. Upon
				action by the municipality the cable television operator shall proceed as
				follows:
1. Upon recommendation, in the form
				of a resolution, by the municipality that the Board deny renewal, or upon the
				cable television operator's failure to accept the municipal consent ordinance,
				the cable television operator shall have 30 days in which to file with the
				Board a petition in accordance with
				48:5A-1 et seq. and
				47
				U.S.C. §
											546(c)
				accompanied by a completed application for a renewal certificate of approval.
i. A copy of the petition must be served on
				the municipality.
ii. The petition
				shall include a copy of the initial needs assessment/performance review report,
				if issued, and the resolution stating reasons for the recommendation of
				denial.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 18 - REGULATIONS OF CABLE TELEVISION › Subchapter 13 - MUNICIPAL-CONSENT-BASED FRANCHISE RENEWALS › Section 14:18-13.6 - Automatic renewals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following
				procedures shall govern the renewal process when the consent ordinance provides
				for automatic renewal whether or not the ordinance requires a hearing:
1. At least 60 days prior to the expiration
				of the initial term, either the municipality or the cable television company
				must serve both the other party and the Office of Cable Television with a
				notice of intention not to accept renewal in order to deny renewal.
2. Prior to giving notice of intention not to
				accept automatic renewal, a municipality must hold a public hearing with a
				record of the hearing made in the manner in which the municipality causes its
				general public hearing records to be made upon 30 days' notice to the public
				and the cable television company.
3. A notice of intention not to accept
				automatic renewal must be based upon substantial evidence in the record leading
				to a finding that the cable television operator has not met the criteria of
				14:18-13.7(a)1 
				through 4. The cable television company shall file pursuant to the provisions
				of 14:18-13.5(a).
4. If a municipality has arbitrarily issued a
				notice of intention not to accept renewal, the cable television company may
				file a petition for direct certification pursuant to
				48:5A-17(d) 
				prior to the expiration of the initial certificate. The cable television
				company shall file pursuant to the provisions of
				14:18-13.5(a).
5. The Board shall issue a certificate of
				automatic renewal unless:
i. A notice of
				intention not to accept renewal has been filed; or
ii. After full hearing, upon notice to the
				municipality and the cable television company, the Board makes one of the
				findings listed in
				14:18-13.7(a)1 
				through 4.
6. Any
				renegotiation of the terms of a consent subject to automatic renewal must be
				completed and submitted to the Board for approval as an amended consent
				ordinance at least 60 days prior to the expiration of the initial
				certificate.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 18 - REGULATIONS OF CABLE TELEVISION › Subchapter 13 - MUNICIPAL-CONSENT-BASED FRANCHISE RENEWALS › Section 14:18-13.7 - Hearing before an Administrative Law Judge

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon
				transmittal from the Office of Cable Television to an Administrative Law Judge,
				a hearing shall be held to determine if:
1.
				The cable television operator has substantially complied with the material
				terms of the existing franchise and with applicable law;
2. The quality of the cable television
				operator's service, including signal quality, response to consumer complaints,
				and billing practices, but without regard to the mix, quality, or level of
				cable services or other services provided over the system, has been reasonable
				in light of community needs;
3. The
				cable television operator has the financial, legal, and technical ability to
				provide the services, facilities, and equipment as set forth in the cable
				television operator's proposal; and
4. The cable television operator's proposal
				is reasonable to meet the future cable-related community needs and interests,
				taking into account the cost of meeting such needs and interests.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 18 - REGULATIONS OF CABLE TELEVISION › Subchapter 13 - MUNICIPAL-CONSENT-BASED FRANCHISE RENEWALS › Section 14:18-13.8 - Compliance with Federal terms and conditions for sale

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the event
				renewal of a certificate is denied, the Board shall act to minimize the
				disruption of service to customers.
(b) If the Board must determine the fair
				market value of the system, the determination shall be done in the following
				manner:
1. The Board and the cable television
				operator shall each name an independent appraiser.
2. Each appraiser shall have 60 days in which
				to prepare an appraisal according to Member Appraisal Institute (MAI)
				standards.
3. Both appraisals shall
				be submitted simultaneously to the Board.
4. In reviewing the appraisals:
i. Identical appraisals shall be conclusive
				as to fair market value;
ii. If a
				higher appraisal does not exceed the lower by more than 20 percent, the average
				of the two shall be the fair market value.
iii. If the differential is greater than 20
				percent, the Board shall compare the two appraisal reports and determine fair
				market value.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 18 - REGULATIONS OF CABLE TELEVISION › Subchapter 13 - MUNICIPAL-CONSENT-BASED FRANCHISE RENEWALS › Section 14:18-13.9 - Applicability of N.J.A.C. 14:18-11 to municipal-consent-based franchise renewal process

Current through Register Vol. 56, No. 14, July 15, 2024
Except for provisions of this subchapter to the contrary,
				  the provisions of N.J.A.C. 14:18-11 shall apply to the municipal-consent-based
				  franchise renewal process.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 18 - REGULATIONS OF CABLE TELEVISION › Subchapter 14 - SYSTEM-WIDE FRANCHISE APPLICATION AND RENEWAL › Section 14:18-14.1 - Application for system-wide franchise; who may apply

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any person
				may apply to the Board for a system-wide franchise to provide cable television
				service.
(b) The complete
				application must either be submitted in triplicate to the Director of the
				Office with all required documents or may be filed electronically. The
				application must contain copies of all appendices, exhibits, etc. without
				cross-references to documents previously filed in order to be deemed complete.
				Notice of the filing of the system-wide franchise application shall be filed
				with each municipality for which the applicant has applied, which notice shall
				include information as to how a municipality can receive a copy of, or review,
				the complete application filed electronically with the Office. The applicant
				shall provide proof of notice of the filing to all the impacted municipalities,
				the Office, and the Division of Rate Counsel within three days of the
				filing.
(c) An application for
				system-wide franchise shall conform to the requirements of
				14:18-14.2, shall be filed on the
				standard form supplied by the Office, and shall have attached a filing fee,
				made payable to "Treasurer, State of New Jersey," in the amount of $
				1000.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 18 - REGULATIONS OF CABLE TELEVISION › Subchapter 14 - SYSTEM-WIDE FRANCHISE APPLICATION AND RENEWAL › Section 14:18-14.2 - Application for system-wide franchise to operate a cable television system

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every
				application for a system-wide franchise shall be submitted on a standard form
				supplied by the Office, which form shall include, but not be limited to, the
				following information:
1. Organization and
				management;
2. Legal
				qualifications;
3. Cable
				experience: affiliation with other television or communications
				systems;
4. System design and
				construction timetable;
5. Proposed
				services;
6. Proposed rates for
				cable service;
7. Bonding and
				insurance, including a statement that the system-wide franchise applicant will
				hold harmless both the Office and each municipality it serves from any
				liability arising out of the construction and operation of its
				system;
8. Financing; and
9. Commitments as required by N.J.S.A.
				48:5A-28h through n.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 18 - REGULATIONS OF CABLE TELEVISION › Subchapter 14 - SYSTEM-WIDE FRANCHISE APPLICATION AND RENEWAL › Section 14:18-14.3 - Public hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Office
				shall schedule, within 45 days of receipt of the application for a system-wide
				franchise, two public hearings in different geographical areas of the State, in
				accordance with N.J.S.A. 48:5A-16f.
(b) The system-wide franchise applicant shall
				pay to the Office a fee of $ 500.00 per day of hearing or fraction thereof.
				Checks shall be made payable, to "Treasurer, State of New Jersey."
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 18 - REGULATIONS OF CABLE TELEVISION › Subchapter 14 - SYSTEM-WIDE FRANCHISE APPLICATION AND RENEWAL › Section 14:18-14.4 - Notice of hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The system-wide franchise applicant shall
				give notice of the date scheduled for the hearings concerning the application
				for a system-wide franchise by publishing in a newspaper or newspapers of
				general circulation information as to:
1. The
				identity of the applicant or applicants;
2. The time and place of the
				hearings;
3. The place at which,
				and time within which, system-wide franchise applications may be examined by
				interested parties; and
4.
				Information as to how members of the public may file comments with the
				Secretary of the Board electronically either by email, or the e-filing portal,
				or mailed to the Board's offices within five business days of the last day of
				the hearing. All comments filed shall be made part of the
				record.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 18 - REGULATIONS OF CABLE TELEVISION › Subchapter 14 - SYSTEM-WIDE FRANCHISE APPLICATION AND RENEWAL › Section 14:18-14.5 - Hearings; before whom held

Current through Register Vol. 56, No. 14, July 15, 2024
Hearings may be heard before the Director of the Office or
				  before any person designated by the Board as a presiding officer who shall have
				  the responsibility for the conduct of the hearings.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 18 - REGULATIONS OF CABLE TELEVISION › Subchapter 14 - SYSTEM-WIDE FRANCHISE APPLICATION AND RENEWAL › Section 14:18-14.6 - Amendments to application; notice

Current through Register Vol. 56, No. 14, July 15, 2024
An applicant for a system-wide franchise may, until seven
				  days prior to the first hearing scheduled, submit to the Office changes,
				  modifications, or amendments of information contained in the application.
				  Notice of any significant amendments to the application shall be provided to
				  affected municipalities, which shall include information as to how a
				  municipality can receive a copy of or review the amendments filed with the
				  Office. The applicant shall provide the Office and the Division of Rate Counsel
				  with proof of notice of any amendment(s) that is provided to the
				  municipalities.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 18 - REGULATIONS OF CABLE TELEVISION › Subchapter 14 - SYSTEM-WIDE FRANCHISE APPLICATION AND RENEWAL › Section 14:18-14.7 - Additional information other than amendatory; notice

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An
				applicant for a system-wide franchise may, no later than five days after the
				close of the hearing, submit to the Office and the Division of Rate Counsel
				such additional, clarifying, explanatory, or supplemental information as may be
				helpful to the Board in reaching a decision.
(b) The presiding officer may require further
				information upon any issue to be presented by the system-wide applicant. Such
				information shall be provided no later than five days after the close of
				hearing to the Office and the Division of Rate Counsel.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 18 - REGULATIONS OF CABLE TELEVISION › Subchapter 14 - SYSTEM-WIDE FRANCHISE APPLICATION AND RENEWAL › Section 14:18-14.8 - Record of hearing

Current through Register Vol. 56, No. 14, July 15, 2024
The applicant will cause to be made a record of all public
				  hearings conducted pursuant to the requirements at
				  N.J.S.A.
				  48:5A-16.f, which record, with all papers and
				  transcripts filed in the proceeding shall constitute the record for decision. 7
				  System-wide franchise renewal pre-proposal phase
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 18 - REGULATIONS OF CABLE TELEVISION › Subchapter 14 - SYSTEM-WIDE FRANCHISE APPLICATION AND RENEWAL › Section 14:18-14.9 - Decision; time and contents

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board
				shall, not later than 45 days from the date of filing, issue a written decision
				of its findings to approve or deny the application for a system-wide franchise
				to operate a cable television system. If the Board issues a finding denying the
				application, it shall issue a decision in writing citing such reasons for
				disapproval.
(b) In considering
				whether to approve or deny an application for system-wide franchise, the Board
				shall only consider the provisions of
				48:5A-17 and 28.