New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 18 - REGULATIONS OF CABLE TELEVISION › Subchapter 3 - CUSTOMER RIGHTS › Section 14:18-3.17 - Notice of alteration in channel allocation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each
				cable television company shall file with the Office notice of an alteration in
				channel allocation at least 30 days prior to the effective date for deletions
				or cutbacks in other services. If the change results from circumstances outside
				of the cable operator's control (including failed retransmission consent or
				program carriage negotiations during the last 30 days of a contract), notice
				shall be provided as soon as possible. For alterations in channel allocation
				for new additions, the cable television operator must provide electronic notice
				to the Office within 10 days of the effective date. Annually, no later than
				January 31 of every year, each cable television company shall electronically
				file with the Office a current channel lineup.
(b) Each cable television company shall
				notify its customers of an alteration in channel allocation for deletions or
				cutbacks in services at least 30 days prior to the effective date. If the
				change results from circumstances outside of the cable operator's control
				(including failed re-transmission consent or program carriage negotiations
				during the last 30 days of a contract), such notice shall be provided as soon
				as possible. Such notice may be provided using any reasonable written means in
				accordance with
				47 CFR
				76.1600 and
				76.1603(b)
				and not inconsistent with any other applicable Federal or State
				statute.
(c) Each cable television
				company shall notify affected municipalities of an alteration in channel
				allocation for public, educational, and/or governmental access channels within
				10 days of the effective date for new additions, and at least 30 days prior to
				the effective date of a change in channel location or deletion in a manner
				reasonably calculated to provide such information.
(d) For alterations in channel allocation for
				deletions or cutbacks not within the exclusive control of the cable television
				operator, no additional information shall be required and the Office shall
				consider the cable television operator in compliance with the notice
				obligations where:
1. The cable television
				operator provides telephonic or electronic notice of the risk of alteration to
				the Office no less than 24 hours prior to the deletion or cutback, and notice
				is provided to customers as soon as practical in a manner consistent with
				47 CFR
				76.1600 and 47 CFR 76.1603(b);
2. The cable television operator has acted to
				provide the required notice at the earliest practical date and either
				reasonably believes that timely compliance with this subsection might subject
				the cable television operator to penalties under State, Federal, or local law
				or that a substantial benefit to customers would be irretrievably lost;
				or
3. In any other circumstance not
				enumerated in this subsection, upon a showing by the cable television operator
				that there is good cause and measures were taken to notify customers as soon as
				practical.