reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 10 - TELECOMMUNICATIONS › Subchapter 12 - MASS MIGRATION UPON TSP DEPARTURE FROM A SERVICE TERRITORY › Section 14:10-12.12 - Notice of discrepancies

Current through Register Vol. 56, No. 14, July 15, 2024
Failure to comply with any provision of this subchapter
				  shall subject the violator to penalties in accordance with the Board's
				  regulatory and statutory authority.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 17 - RULES OF PRACTICE AND PROCEDURE OF THE OFFICE OF CABLE TELEVISION › Subchapter 1 - GENERAL PROVISIONS › Section 14:17-1.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
These rules shall govern practice and procedure before the
				  Office of Cable Television and within the Board of Public Utilities.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 17 - RULES OF PRACTICE AND PROCEDURE OF THE OFFICE OF CABLE TELEVISION › Subchapter 1 - GENERAL PROVISIONS › Section 14:17-1.2 - Construction and amendment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) These rules
				shall be liberally construed to permit the Office to effectively carry out its
				statutory functions and to secure just and expeditious determination of issues
				properly presented to the Office.
(b) In special cases and for good cause
				shown, the Office with the concurrence of the Board may relax or permit
				deviations from these rules.
1. The Office,
				with the concurrence of the Board, shall, in accordance with the general
				purposes and intent of its rules, waive section(s) of its rules if full
				compliance with the rule(s) would adversely affect the customers of a cable
				television company, the ability of said cable television company to render
				safe, adequate and proper service, or the interests of the general
				public;
2. Any person or entity
				seeking waiver of any of the Office's rules or parts thereof, shall apply in
				writing to the Director. A written request for waiver shall include the
				following:
i. The specific rule(s) or part(s)
				thereof for which waiver is requested;
ii. The reasons for the request of waiver,
				including a full statement setting forth the type and degree of hardship or
				inconvenience that would result if full compliance with the rule(s) would be
				required; and
iii. Documentation to
				support the request for waiver.
3. The Office reserves the right to request
				additional information before reaching a determination regarding the
				application for waiver.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 17 - RULES OF PRACTICE AND PROCEDURE OF THE OFFICE OF CABLE TELEVISION › Subchapter 1 - GENERAL PROVISIONS › Section 14:17-1.3 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise.
"Board" means the Board of Public Utilities.
"Certificate" means a certificate of approval issued by the
				  Board pursuant to the provisions of
				  48:5A-1 et seq.
"Commissioner" means a member of the Board of Public
				  Utilities.
"Director" means the Director of the Office of Cable
				  Television.
"Office" means the Office of Cable Television.
"Presiding Officer" means any member of the Board, the
				  Director, or an Office staff member who is designated as a hearing examiner in
				  an uncontested case.
"Secretary" means and shall include the Secretary, Assistant
				  Secretary to the Board or any other person duly authorized to act in such
				  capacity by the Board.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 17 - RULES OF PRACTICE AND PROCEDURE OF THE OFFICE OF CABLE TELEVISION › Subchapter 1 - GENERAL PROVISIONS › Section 14:17-1.4 - Offices

Current through Register Vol. 56, No. 14, July 15, 2024
The statutory offices of the Board, the office of the
				  Secretary of the Board, and the Office of Cable Television are located at 44
				  South Clinton Avenue, 3rd Floor, Suite 314, PO Box 350, Trenton, New Jersey
				  08625-0350.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 17 - RULES OF PRACTICE AND PROCEDURE OF THE OFFICE OF CABLE TELEVISION › Subchapter 1 - GENERAL PROVISIONS › Section 14:17-1.5 - Hours

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All offices of
				the Board are open on weekdays from 9:00 A.M. to 5:00 P.M., unless otherwise
				authorized by the Board.
(b) The
				offices are closed on legal holidays, Saturdays and Sundays.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 17 - RULES OF PRACTICE AND PROCEDURE OF THE OFFICE OF CABLE TELEVISION › Subchapter 1 - GENERAL PROVISIONS › Section 14:17-1.6 - Communications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All pleadings,
				correspondence, and other papers should be addressed to the Secretary, Board of
				Public Utilities, 44 South Clinton Avenue, 3rd Floor, Suite 314, PO Box 350,
				Trenton, New Jersey 08625-0350.
(b)
				All such papers and correspondence shall be deemed to be officially received
				when filed in accordance with
				N.J.A.C.
				14:1-1.6.
(c) Additional copies of such pleadings and
				correspondence for the Director and staff may be sent to the Director, Office
				of Cable Television, 44 South Clinton Avenue, 3rd Floor, Suite 314, PO Box 350,
				Trenton, New Jersey 08625-0350.
(d)
				As (a) and (b) above require that all correspondence be addressed to the Board
				and that said submission shall be deemed to be officially received when
				delivered at the office of the Board, any documents received via fax or
				electronically pursuant to
14:1-4.2A
will neither be date/time
				stamped as formally received by the Board nor be entered into the case or
				rulemaking record, except as provided under
14:1-1.6
or
4.2A
. Such documents shall only be distributed to the
				addressee.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 17 - RULES OF PRACTICE AND PROCEDURE OF THE OFFICE OF CABLE TELEVISION › Subchapter 1 - GENERAL PROVISIONS › Section 14:17-1.7 - Official records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Secretary shall have custody of the
				Board's seal and its official records, including the minutes of all action
				taken by the Board.
(b) Copies of
				rules and regulations and orders and decisions of the Board will be furnished
				by the Secretary upon payment of appropriate fees.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 17 - RULES OF PRACTICE AND PROCEDURE OF THE OFFICE OF CABLE TELEVISION › Subchapter 1 - GENERAL PROVISIONS › Section 14:17-1.8 - Cameras and recording devices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Proceedings
				before the Board or Office shall be conducted with fitting dignity and
				decorum.
(b) The use of cameras and
				recording devices, including still cameras, movie cameras, television cameras,
				tape recorders and stenotype machines (hereinafter referred to as "equipment"),
				in open meetings or other public proceedings conducted by the Board or Office
				is permitted.
(c) Any accredited
				member of a news media desiring to use such equipment shall first contact the
				Board's Office of Communications to arrange for the set-up and removal of
				equipment so as not to interfere with the orderly conduct of the
				proceedings.
(d) No such equipment
				shall be placed on the counsel tables, witness stand or on the Board or the
				presiding officer's bench, without the approval of the Board or presiding
				officer; equipment which would require the user to move about the room during
				the proceedings is prohibited. Moving about the meeting or hearing room in
				order to more advantageously use such equipment is prohibited, while the
				meeting is in session.
(e) Except
				for portable equipment which is used at an individual's seat in the audience,
				such equipment must be in place and ready for use prior to the start of the
				meeting or set-up during a recess thereof. Such equipment may be removed only
				at the conclusion of the meeting or during a recess. A pre-arranged recess for
				the set-up or removal of such equipment may be requested through the Office of
				Communications.
(f) The Board or
				presiding officer may suspend the operation of all or part of this rule with
				respect to a particular meeting.
(g) The Board or the presiding officer may at
				any time limit or prohibit the use of any or all of such equipment in meetings
				where in the opinion of the Board or the presiding officer use of such
				equipment may obstruct the conduct of the meeting.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 17 - RULES OF PRACTICE AND PROCEDURE OF THE OFFICE OF CABLE TELEVISION › Subchapter 2 - FEES AND CHARGES › Section 14:17-2.1 - Amount of fees and charges

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The fee
				required to defray administrative expenses of hearings held pursuant to
				N.J.S.A.
				48:5A-16, 17, and 18, where applicable, shall
				be $ 500.00 per day of hearing or portion thereof, to be paid by the petitioner
				or other moving party.
(b) All
				other fees and charges which the Office has been empowered, authorized and
				required by law to charge and collect are set forth in
				48:5A-1 et seq. and
				47:1A-1 et seq.; however,
				collection of such fees and charges shall be inapplicable to cable television
				companies subject to assessment as provided by
				48:5A-32.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 17 - RULES OF PRACTICE AND PROCEDURE OF THE OFFICE OF CABLE TELEVISION › Subchapter 2 - FEES AND CHARGES › Section 14:17-2.2 - Payment of fees and charges

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No petition,
				report notice, document or other paper will be accepted for filing, and no
				request for copies of any forms, pamphlets, documents or other papers will be
				granted, nor action taken by the Board or Office unless such filings and
				requests are accompanied by the required fees or charges, as provided by law
				and these rules.
(b) All checks for
				payment of such fees and charges shall be made payable to the order of
				"Treasurer, State of New Jersey" and delivered or mailed to the Secretary of
				the Board or its designee, 44 South Clinton Avenue, 3rd Floor, Suite 314, PO
				Box 350, Trenton, New Jersey 08625-0350. The check shall include a description
				as to the nature of the payment.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 17 - RULES OF PRACTICE AND PROCEDURE OF THE OFFICE OF CABLE TELEVISION › Subchapter 3 - APPEARANCE AND PRACTICE BEFORE THE BOARD OR OFFICE › Section 14:17-3.1 - Appearances

Current through Register Vol. 56, No. 14, July 15, 2024
Any person appearing before or transacting business with the
				  Board or Office in a representative capacity may be required by the Board or
				  Office to file evidence of his or her authority to act in such capacity.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 17 - RULES OF PRACTICE AND PROCEDURE OF THE OFFICE OF CABLE TELEVISION › Subchapter 3 - APPEARANCE AND PRACTICE BEFORE THE BOARD OR OFFICE › Section 14:17-3.2 - Ethical conduct and ex parte communications

Current through Register Vol. 56, No. 14, July 15, 2024
All attorneys appearing in proceedings before the Board or
				  Office in a representative capacity shall conform to the standards of ethical
				  conduct required of attorneys before the courts of the State of New Jersey.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 17 - RULES OF PRACTICE AND PROCEDURE OF THE OFFICE OF CABLE TELEVISION › Subchapter 3 - APPEARANCE AND PRACTICE BEFORE THE BOARD OR OFFICE › Section 14:17-3.3 - Former employees

Current through Register Vol. 56, No. 14, July 15, 2024
Except with the written permission of the Board, no former
				  member or employee of the Board or member of the Attorney General's staff
				  assigned to the Board may appear in a representative capacity or as an expert
				  witness on behalf of other parties at any time within six months after severing
				  his or her association with the Board, nor may he or she appear after said
				  six-month period in any proceeding wherein he or she previously took an active
				  part when associated with the Board.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 17 - RULES OF PRACTICE AND PROCEDURE OF THE OFFICE OF CABLE TELEVISION › Subchapter 4 - PLEADINGS › Section 14:17-4.1 - Pleadings enumerated and defined

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pleadings
				before the Board or Office shall be petitions, answers, and replies which for
				purposes of these rules are defined as follows:
1. "Petition" means the pleading filed to
				initiate a proceeding invoking the jurisdiction of the Board or
				Office;
2. "Answer" means the
				pleading filed by a respondent or other party against whom a petition is
				directed or who is affected by the filing of a petition; and
3. "Reply" means the pleading filed by the
				petitioner or others in response to an answer.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 17 - RULES OF PRACTICE AND PROCEDURE OF THE OFFICE OF CABLE TELEVISION › Subchapter 4 - PLEADINGS › Section 14:17-4.2 - Number of copies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless
				otherwise required or permitted by
				N.J.A.C.
				14:1-4.2, there shall be filed with the Board
				for its own use, an original and 10 conformed copies of each pleading or other
				paper and amendment thereof, and in addition, an electronic version of each
				filing, proceeding, or other paper and amendment thereof.
(b) Where a pleading originating a proceeding
				is filed by a party other than a cable television company subject to the
				jurisdiction of the Board, one additional conformed copy shall be filed for
				each respondent named therein for service by the Secretary in accordance with
				the provisions of
				14:17-4.5.
(c) The provisions of this section shall not
				apply to electronic filings made pursuant to
14:1-4.2A
.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 17 - RULES OF PRACTICE AND PROCEDURE OF THE OFFICE OF CABLE TELEVISION › Subchapter 4 - PLEADINGS › Section 14:17-4.3 - Attachments to pleadings

Current through Register Vol. 56, No. 14, July 15, 2024
All balance sheets, income statements and journal entries
				  submitted with pleadings must conform to generally accepted accounting
				  principles and generally accepted auditing principles, or if adopted under
				  State or Federal law, any applicable uniform system of accounts.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 17 - RULES OF PRACTICE AND PROCEDURE OF THE OFFICE OF CABLE TELEVISION › Subchapter 4 - PLEADINGS › Section 14:17-4.4 - Defective pleadings

Current through Register Vol. 56, No. 14, July 15, 2024
Pleadings will be liberally construed with the view to
				  effect justice. The Board or Office may disregard errors or defects in
				  pleadings which do not affect the substantial rights of the parties. However,
				  if the defect in a pleading prejudices a substantial right of any party the
				  Board or Office may, on notice, strike the pleading or take such other action
				  as it deems appropriate.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 17 - RULES OF PRACTICE AND PROCEDURE OF THE OFFICE OF CABLE TELEVISION › Subchapter 4 - PLEADINGS › Section 14:17-4.5 - Service and notice of proceedings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless
				otherwise provided for by statute or in these rules or unless otherwise ordered
				or permitted by the Board or Office, the following provisions shall govern:
1. A petition filed on behalf of a cable
				television company shall be served by such cable television company or its
				agent or attorney upon each respondent named in such petition;
2. A petition originating a proceeding filed
				by a party other than a cable television company shall be served by the
				Secretary of the Board upon each respondent named in such petition;
3. Every other pleading, including all
				answers, replies, notices, briefs and other papers, shall be served by the
				party filing the same (whether a cable television company or not) on all other
				parties of record concurrently with or prior to the filing thereof;
				and
4. Whenever public notice is
				required, the same shall be at the expense of the party directed to give such
				notice.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 17 - RULES OF PRACTICE AND PROCEDURE OF THE OFFICE OF CABLE TELEVISION › Subchapter 4 - PLEADINGS › Section 14:17-4.6 - Verification

Current through Register Vol. 56, No. 14, July 15, 2024
All pleadings initiating a proceeding or otherwise seeking
				  affirmative relief shall be verified except for those matters brought upon the
				  Board's own motion or the motion of the Attorney General of the State of New
				  Jersey.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 17 - RULES OF PRACTICE AND PROCEDURE OF THE OFFICE OF CABLE TELEVISION › Subchapter 4 - PLEADINGS › Section 14:17-4.7 - Changes in facts or circumstances

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever,
				subsequent to the date of a pleading, there is any significant change in
				respect to matter contained in such pleading, the party who filed the pleading
				shall promptly file an amendment showing or explaining the changed facts or
				circumstances.
(b) The filing of
				such amendment shall be considered a new filing as of the date of its filing
				unless otherwise ordered or permitted by the Board or Office.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 17 - RULES OF PRACTICE AND PROCEDURE OF THE OFFICE OF CABLE TELEVISION › Subchapter 6 - PETITIONS › Section 14:17-6.1 - Form and content of petitions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All petitions
				shall comply with the provisions of N.J.A.C. 14:17-4 to the extent applicable;
				shall clearly and concisely state the facts and relief sought; shall cite by
				appropriate reference the statutory provisions or other authority under which
				the Office's action is sought; and, in addition, shall contain such information
				or statements as are required by the provisions of the statute and the
				applicable provisions of these rules, or such other rules by the Office with
				the approval of the Board or orders adopted by the Board pertaining to certain
				petitions, or as may be required by the Board or Office in a particular
				proceeding.
(b) Special
				requirements with respect to certain types of petitions are set forth in
				14:17-6.6 through 6.15 and 6.18
				through 6.21.
(c) Petitions
				directed to particular respondents shall conclude with a direction that the
				respondent satisfy the prayer of the petition or file and serve an answer
				within 20 days in accordance with these rules.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 17 - RULES OF PRACTICE AND PROCEDURE OF THE OFFICE OF CABLE TELEVISION › Subchapter 6 - PETITIONS › Section 14:17-6.2 - Applications to other regulatory bodies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where the
				relief sought in a petition also requires the approval or authorization of any
				other state or Federal regulatory body, the petition to the Office shall so
				state and include the following:
1. The
				current status of each application;
2. If the application to the other regulatory
				body or bodies has already been filed, a copy of each such application shall be
				attached to the petition to the Office, together with a copy of any order or
				certificate issued related thereto.
3. If such an application or an amendment
				thereof is filed with another state or Federal regulatory body subsequent to
				date of filing with this Board but prior to its determination, three copies of
				such application or amendment thereof, together with three copies of any order
				or certificate issued relating thereto, shall be filed with the Office and
				served upon other parties of record.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 17 - RULES OF PRACTICE AND PROCEDURE OF THE OFFICE OF CABLE TELEVISION › Subchapter 6 - PETITIONS › Section 14:17-6.3 - Joinder of request for relief

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A petitioner
				may join in a single petition more than one independent or alternative requests
				for relief, subject, however, to the payment of the statutory filing fees
				applicable to each of the approvals sought.
(b) The Office with the approval of the Board
				may, in its discretion, sever matters so joined for hearing and determination
				or take such other action as may be in the public interest.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 17 - RULES OF PRACTICE AND PROCEDURE OF THE OFFICE OF CABLE TELEVISION › Subchapter 6 - PETITIONS › Section 14:17-6.4 - Procedures of Office on filing of petition

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If in the
				opinion of the Office the petition complies substantially with these rules and
				appears on its face to state a matter within this Office's jurisdiction, any
				necessary copies have been received and fees paid, the Director shall file same
				with the Secretary of the Board.
(b) Unless otherwise directed by the Board,
				petitions and subsequent pleadings shall be served by the parties as provided
				for in 14:17-4.5.
(c) If within the time allowed for answer the
				respondent makes an offer of satisfaction which is accepted by the petitioner,
				such offer and acceptance signed by the parties or their attorneys shall be
				filed with the Office and if not disapproved by the Office, proceedings closed
				without further action.
(d) When
				the respondent has not satisfied the petition, the Director may schedule a
				hearing thereon and issue such recommendations to the Board as the facts and
				circumstances appear to require.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 17 - RULES OF PRACTICE AND PROCEDURE OF THE OFFICE OF CABLE TELEVISION › Subchapter 6 - PETITIONS › Section 14:17-6.5 - Handling informal complaint to the Office as complaint officer in lieu of petition

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For any customer of a cable television
				company operating under a system-wide franchise, or when a municipality has
				designated the Office as the "complaint officer" pursuant to the applicable
				provisions of
				48:5A-1 et seq., an informal
				complaint may be made by letter, email, facsimile or other writing, in lieu of
				filing a petition.
(b) Matters thus
				presented will be taken up with the parties affected by correspondence or
				otherwise, in an endeavor to bring about an adjustment of the subject matter of
				the complaint without formal hearing or order.
(c) While no form of informal complaint is
				prescribed, to be considered by the complaint officer such complaint must be
				signed, unless electronically submitted, and must state the name and address of
				the complainant and the party complained of, as well as the essential facts
				upon which the complaint is based, including the dates of acts or omissions
				complained of, and the desired outcome.
(d) The complaint officer will bring the
				matter to the attention of the party complained of and direct the said party to
				submit information deemed to be pertinent as well as a statement of its
				position.
(e) Following a study and
				review of the complainant's and cable television operator's positions and
				supporting data and after such informal conferences as may be held, an attempt
				will be made to effect an amicable adjustment of the dispute.
(f) Depending upon the type of informal
				complaint filed, Office staff shall, within 30 days of receipt of said
				complaint, respond to the informal complaint in the same manner as it was
				received or in any other manner designed to provide appropriate notice and
				provide the results, if any, of the processing of the informal
				complaint.
(g) Informal complaints
				shall be without prejudice to the right of any party to file a petition
				pursuant to
				48:5A-1 et seq., or of the Board
				to institute a formal proceeding.
(h) While informal complaints are recommended
				wherever practicable as a method designed for amicable adjustment of disputes,
				no mandatory or prohibitory order will be issued on an informal
				complaint.
(i) A party desiring a
				decision on order of the Board must file a petition in accordance with N.J.A.C.
				14:17-4 and 6.1 through 6.4 to the extent applicable.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 17 - RULES OF PRACTICE AND PROCEDURE OF THE OFFICE OF CABLE TELEVISION › Subchapter 6 - PETITIONS › Section 14:17-6.6 - Petitions for certificate of approval

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Petitions for a
				certificate of approval shall conform to the provisions of N.J.A.C. 14:17-4 and
				6.1 through 6.4, to the extent applicable. The following information shall also
				be supplied in the body of the petition or in attached exhibits:
1. A certified copy of the municipal consent
				involved including the terms and conditions relating thereto;
2. In the case of regional filing pursuant to
				48:5A-17(b), a
				copy of the affected municipality's or municipalities' resolution(s);
3. A copy of petitioner's acceptance of the
				ordinance;
4. A copy of the
				application for cable television franchise, as amended to reflect any changes
				in terms, conditions, facts or circumstances resulting from negotiations or
				agreements with the municipality;
5. Proof that all statutory requirements
				relating to the obtaining of the municipal consent have been met;
6. Reason why petitioner believes that the
				municipal consent is necessary and proper for the public convenience and will
				properly conserve the public interest; and
7. The location and address of the company's
				local office or agent pursuant to
				48:5A-26(d)  and
				14:18-5.1.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 17 - RULES OF PRACTICE AND PROCEDURE OF THE OFFICE OF CABLE TELEVISION › Subchapter 6 - PETITIONS › Section 14:17-6.7 - Petition for approval of the modification or amendment of the terms or conditions of a municipal consent upon which a certificate of approval is based

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Petitions for
				the approval of the modification or amendment of the terms or conditions of a
				municipal consent upon which a certificate of approval is based shall conform
				to the provisions of N.J.A.C. 14:17-4 and
				14:17-6.1 through 6.4, to the
				extent applicable, and shall in the body thereof or attached exhibits, also
				provide the following information:
1. A
				certified copy of the existing municipal consents including the terms and
				conditions related thereto;
2. A
				statement describing the proposed modifications or amendments to the said terms
				or conditions with reasons for the changes proposed;
3. Proof of service of notice to all cable
				television companies operating in the areas either contiguous or in the same
				franchise territory to that served by the petitioner; and
4. A copy of the agreement between the
				municipality and the petitioner stating that the changes are
				acceptable.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 17 - RULES OF PRACTICE AND PROCEDURE OF THE OFFICE OF CABLE TELEVISION › Subchapter 6 - PETITIONS › Section 14:17-6.9 - Petitions for renewal of certificate of approval

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Petitions for renewal of a certificate of approval shall conform to the
				provisions of N.J.A.C. 14:17-4 and 6.1 through 6.4, to the extent applicable,
				and shall in the body thereof, or in attached exhibits, also provide the
				following information:
1. A copy of the
				original municipal consent or evidence of the original municipal consent and a
				copy of the renewal municipal consent;
2. In cases where the municipality has not
				acted on an application for renewal, the petitioner shall include a statement
				to that effect together with proof that application has been made;
3. Proof that petitioner has been operating
				its cable television system in conformance with the rules, regulations and
				orders of the Office and the Board, and is able to continue to do so;
4. Petitioner's acceptance of the
				ordinance;
5. A copy of the
				application for cable television franchise, as amended to reflect any changes
				in facts, terms, conditions or circumstances resulting from negotiations or
				agreements with the municipality; and
6. The location and address of the company's
				local office or agent pursuant to
				48:5A-26(d)  and
				14:18-5.1.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 17 - RULES OF PRACTICE AND PROCEDURE OF THE OFFICE OF CABLE TELEVISION › Subchapter 6 - PETITIONS › Section 14:17-6.10 - Petitions for the approval of the sale or lease of property

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Petitions for the approval of the sale, conveyance, or lease of real or
				personal property, or the granting of an easement, or like interest therein as
				required by law shall conform to the provisions of
				N.J.S.A.
				48:5A-1 et seq., and N.J.A.C. 14:17-4 and 6.1
				through 6.4, to the extent applicable, and shall in the body thereof, or in
				attached exhibits, also provide the following information:
1. A separate sheet or sheets designated
				Schedule "A" containing a description of the property. Copies filed must be in
				accordance with the requirements set forth in
				N.J.A.C.
				14:1-1.6, regarding the filing of petitions.
i. For real property, show the location by
				municipality and county, a metes and bounds or other adequate description of
				the property and rights of any, reserved by the cable television
				company.
ii. For personal property,
				include sufficient information to identify the property adequately;
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 17 - RULES OF PRACTICE AND PROCEDURE OF THE OFFICE OF CABLE TELEVISION › Subchapter 6 - PETITIONS › Section 14:17-6.12 - Petitions for reconsideration of assessment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Petitions for
				reconsideration of the assessment levied in accordance with
				48:5A-1 et seq., where applicable,
				shall conform to the provisions of N.J.A.C. 14:17-4, and
				14:17-6.1 through 6.4, to the
				extent applicable, and shall in the body thereof, or the exhibits attached
				thereto, provide the following information:
1. A certified copy of a statement showing
				gross operating revenues derived from intrastate operations during the
				preceding calendar year;
2. Reasons
				why the petitioner feels the assessment is excessive, erroneous, unlawful or
				invalid.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 17 - RULES OF PRACTICE AND PROCEDURE OF THE OFFICE OF CABLE TELEVISION › Subchapter 6 - PETITIONS › Section 14:17-6.14 - Petitions for authority to transfer capital stock

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Petitions for
				authority to transfer upon the books and records of any cable television
				company, pursuant to
				48:5A-1 et seq., where applicable,
				any share or shares of its capital stock, shall conform to the provisions of
				N.J.A.C. 14:17-4 and
				14:17-6.1 through 6.4, to the
				extent applicable, and shall in the body thereof, or in attached exhibits, also
				provide the following information:
1. The
				name and address of the proposed transferor and transferee;
2. A description of the proposed transferee
				including information as to whether the proposed transferee is a cable
				television company, a holding company either separately or by affiliation in a
				cable television holding company system, or a person or other domestic or
				foreign corporation;
3. A
				description of the capital stock proposed to be transferred including the class
				of shares, number of shares and the par or stated value thereof;
4. The per cent in interest of the
				outstanding voting capital stock of the cable television company which the
				proposed transfer, either by itself or in connection with other previous sales
				or transfers, will vest in the transferee;
5. The reason for the proposed
				transfer;
6. Details and
				explanation of any changes expected to be made, if petition is approved, in:
i. Board of Directors;
ii. Officers and active managers;
iii. Company policies with respect to its
				operations, financing, accounting, capitalization, rates, depreciation,
				maintenance, services and other matters affecting the public
				interest.
7. The
				qualifications and the business or technical experience of the proposed
				officers, directors and stockholders, or other principal management and
				operating personnel with particular respect to their ability to carry out the
				cable television company's obligation to render safe, adequate, efficient and
				proper service.
8. Proof of service
				of notice of the proposed transfer to the municipalities being served by the
				cable television company.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 17 - RULES OF PRACTICE AND PROCEDURE OF THE OFFICE OF CABLE TELEVISION › Subchapter 6 - PETITIONS › Section 14:17-6.15 - Petitions for permission to lend money or property

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Petitions for
				permission to lend money or property pursuant to
				48:5A-1 et seq., shall conform to
				N.J.A.C. 14:17-4, and
				14:17-6.1 through 6.4, to the
				extent applicable, and shall in the body thereof, or in exhibits thereto,
				provide the following additional information:
1. Name, address, per cent of stock ownership
				and affiliation with petitioner or other cable television company of
				lender;
2. Amount of money or
				description of property proposed to be lent;
3. A copy of the proposed agreement including
				the terms and conditions related thereto;
4. Reasons for the proposed loan;
5. Proof that the loan will not impair the
				petitioner's ability to provide safe, adequate, efficient, economical and
				proper service.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 17 - RULES OF PRACTICE AND PROCEDURE OF THE OFFICE OF CABLE TELEVISION › Subchapter 6 - PETITIONS › Section 14:17-6.16 - Filings for unregulated charges or which do not propose changes in regulated charges to customers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Filings for the
				purpose of making effective initial schedules of all prices, rates, terms, and
				conditions, or revisions, changes, or alterations of existing schedules of all
				prices, rates, terms, and conditions and where a rate application form as
				promulgated by the FCC pursuant to 47 CFR 76.900 et seq., is not being filed
				shall conform to the provisions of N.J.A.C. 14:17-4, to the extent applicable,
				and shall in the body thereof, or in attached exhibits, also provide the
				following information:
1. An electronic or
				paper copy of the proposed schedule of all prices, rates, terms, and
				conditions. Changes, revisions, or alterations thereof, together with an
				explanation of the manner in which the schedule of all prices, rates, terms,
				and conditions or change differs from the existing or a prior schedule of all
				prices, rates, terms, and conditions may be made by an electronic or paper
				filing of the individual sheet or sheets reflecting the revised changes to the
				current schedule of prices, rates, terms, and conditions;
2. A statement of the reasons why the said
				schedule of all prices, rates, terms and conditions or change is proposed to be
				filed;
3. A statement of notices
				given, if any, together with a copy of the text of each of said notices;
				and
4. A statement as to the date
				on which it is proposed to make the schedule of all prices, rates, terms, and
				conditions or change effective, which date shall not be earlier than 30 days
				after the filing, unless otherwise permitted by the Office with the approval of
				the Board, except where simple notice is sufficient under
				N.J.A.C.
				14:18-3.16.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 17 - RULES OF PRACTICE AND PROCEDURE OF THE OFFICE OF CABLE TELEVISION › Subchapter 6 - PETITIONS › Section 14:17-6.17 - Rate application filings, which propose changes in regulated charges

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Rate application filings for the purpose of making effective revisions, changes
				or alterations of existing schedules of all prices, rates, charges and
				services, which propose to change any regulated rate, rental or charge or to
				alter any classification, practice, rule or regulation shall do so by filing
				the applicable rate forms promulgated by the FCC and shall in the body thereof,
				or in attached exhibits, contain all applicable information and supporting data
				prepared in accordance with generally accepted accounting and auditing
				principles or the applicable FCC regulations and:
1. A copy of the draft newspaper notice of
				the rate changes to be published in the service area requesting subscriber
				comment over a 30-day period beginning the date of publication;
2. A separate cover letter for each different
				application indicating which service territory or system is to be affected by
				the cable television company's rate application. A copy of the letter should
				accompany each copy of the application submitted; and
3. A statement as to the date on which it is
				proposed to make the schedule of all prices, rates, charges and services or
				change effective, which date shall not be earlier than 30 days after the filing
				unless otherwise permitted by the Office with the approval of the
				Board.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 17 - RULES OF PRACTICE AND PROCEDURE OF THE OFFICE OF CABLE TELEVISION › Subchapter 6 - PETITIONS › Section 14:17-6.18 - Petitions for approval of a merger or consolidation

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Petitions for approval of a merger or consolidation of one cable television
				company of New Jersey with that of another cable television company, shall
				conform to the provisions of
				N.J.S.A.
				48:5A-1 et seq., and N.J.A.C. 14:17-4, 6.1
				through 6.4, and 6.13, to the extent applicable, and shall contain in the
				petition, or as attached exhibits, the following information:
1. A copy of the agreement of merger or
				consolidation;
2. Copies of
				corporate resolutions of the stockholders of each of the corporations
				authorizing the transaction;
3.
				Copies of recent balance sheets of each company and a pro forma balance sheet
				of the continuing company;
4.
				Copies of recent income statements of the operations of each of the companies
				involved and a pro forma income statement of the continuing corporation, in
				sufficient detail;
5. Copies of
				certificates of incorporation of each corporation to be merged and amendments
				thereto, if not heretofore filed with the Office;
6. The total number of shares of each of the
				various classes of capital stock proposed to be issued, if any, by the
				surviving corporation, the par or stated value per share, and the total amount
				of new capital stock to be issued;
7. The percentage, and the manner in which,
				if any, the presently outstanding capital stock of the corporations involved,
				will be exchanged for the new stock of the surviving corporation;
8. Whether any franchise cost is proposed to
				be capitalized on the books of the surviving corporation. If so, explain the
				reasons therefor, and in what manner and over what period the items are
				proposed to be amortized;
9. The
				names and addresses of the new officers, directors and principal stockholders
				and the number of shares to be held by each in the surviving
				corporation;
10. The various
				benefits to the public and the surviving corporation which will be realized as
				the result of the merger;
11.
				Proposed changes, if any, by the surviving corporation, in company policies
				with respect to finances, operations, accounting, rates, depreciation,
				operating schedules, maintenance and management, affecting the public
				interest;
12. Proof of service of
				notice of the proposed merger to the public, the municipalities being served by
				the companies to be merged, and the public utilities serving in the area,
				pursuant to
				14:17-4.5;
13. Proof of compliance with rules,
				regulations and statutes requiring approval from other State and Federal
				regulatory agencies having jurisdiction in the matter; and
14. A statement of the fees and expenses to
				be incurred in connection with the merger, and the accounting disposition to be
				made thereof, on the books of the surviving corporation.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 17 - RULES OF PRACTICE AND PROCEDURE OF THE OFFICE OF CABLE TELEVISION › Subchapter 6 - PETITIONS › Section 14:17-6.19 - Petitions for permission to keep books and records outside the State of New Jersey

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Petitions for
				authority to keep books, records, accounts, documents and other writings
				outside the State of New Jersey, filed with the Board, as required under
				48:5A-1 et seq., where applicable,
				shall conform to the provisions of N.J.A.C. 14:17-4 and
				14:17-6.1 through 6.4, to the
				extent applicable, and shall in the body thereof, or in attached exhibits, also
				provide the following information:
1.
				Complete description of the specific books, records, accounts, documents and
				other writings proposed to be kept outside the State of New Jersey;
2. The exact location where the books and
				records will be kept;
3. If all
				books and records will not be kept outside the State, what remaining records
				will be kept at the New Jersey location;
4. The reason for proposing to keep its books
				and records at a location outside the State;
5. The availability of adequate required
				space, facilities and experienced personnel at the new location;
6. The cost to the petitioner of maintaining
				the books and records at the new location as compared with that of maintaining
				the records at the New Jersey location;
7. The extent of the financial advantage to
				the subscribers and other benefits to the cable television company which will
				result from keeping the books and records outside the State;
8. Whether the books and records which will
				be kept at the location outside the State will be, on notice in writing by the
				Office or Board, produced at such time and place within this State as the Board
				or Office may designate;
9. Whether
				the petitioner will pay to the Office any reasonable expenses or charges
				incurred by the Office for any investigation or examination, if the Board
				grants said permission;
10. The
				location at which the petitioner will continue to maintain an office or agent
				within the State of New Jersey for the convenience of its customers to pay
				bills, receive, investigate and resolve complaints and conduct other business
				with the cable television company;
11. The name and address of the petitioner's
				statutory agent.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 17 - RULES OF PRACTICE AND PROCEDURE OF THE OFFICE OF CABLE TELEVISION › Subchapter 6 - PETITIONS › Section 14:17-6.20 - Petitions by municipalities for permission to charge franchise fee above that prescribed in N.J.S.A. 48:5A-1 et seq

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Petitions by
				municipalities for permission to charge a franchise fee above that prescribed
				in 48:5A-1 et seq., shall be filed in
				one of two forms:
1. A municipal consent,
				included by a cable television company in its petition for Certificate of
				Approval, will be considered a petition for permission to charge a franchise
				fee in excess of that prescribed in
				48:5A-1 et seq.; or
2. A petition in conformity with the
				requirements of N.J.A.C. 14:17-4 and
				14:17-6.1 through 6.4, may be
				filed separately by a municipality.
3. Additionally, a municipality shall be
				required to provide the following information:
i. Proof that the expenses to the
				municipality with respect to the regulation or supervision caused by the
				existence and operation of the cable television company is warranted;
ii. Proof that the municipality has given
				notice of its filing to the affected cable television company.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 17 - RULES OF PRACTICE AND PROCEDURE OF THE OFFICE OF CABLE TELEVISION › Subchapter 6 - PETITIONS › Section 14:17-6.21 - Petition to set aside refusal pursuant to N.J.S.A. 48:5A-17(e)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Petition for an
				order setting aside municipal or county refusal for zoning variance, or other
				act or necessary authorization pursuant to
				48:5A-17(e),
				shall conform to N.J.A.C. 14:17-4 and
				14:17-6.1 through 6.4 to the
				extent applicable, and shall include, but not be limited to the following:
1. A map or site plan for the proposed
				facility showing the location of any other potential alternative sites or
				existing CATV facilities in relation to the one in question;
2. A listing of alternative sites, if any,
				investigated or considered;
3. A
				copy of the decision or order below denying the requested approval;
4. Proof of concurrent service and a copy of
				the petition upon each of the following:
i.
				The municipal and, where applicable, the county governing body;
ii. The agency, authority, board or other
				entity which denied the requested approval;
iii. Any adjoining property owners within 200
				feet of the property for which approval is sought.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 17 - RULES OF PRACTICE AND PROCEDURE OF THE OFFICE OF CABLE TELEVISION › Subchapter 6 - PETITIONS › Section 14:17-6.22 - Private aggregators

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A private
				aggregator pursuant to
				48:5A-64 (
				P.L.
				2003, c. 38 ), must be
				registered with the office prior to entering into any 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
				television service.
(b) To be
				considered registered, a private aggregator must submit a completed version of
				the OCTV's private aggregator registration form, thereby providing the required
				information including name, address, telephone number, business or organization
				background, and business or organization profile.
(c) A private aggregator must provide a
				confirmation of no change or an update of the required information to the
				office on or before March 15 of each calendar year.