New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 18 - REGULATIONS OF CABLE TELEVISION › Subchapter 16 - MISCELLANEOUS PROVISIONS › Section 14:18-16.8 - Violations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In any
				enforcement action by the Office alleging non-compliance with any provision at
				N.J.S.A.
				48:5A-1 et seq., N.J.A.C. 14:17, or this
				chapter, or Board order for which monetary penalties may be sought, the Office
				must provide a cable television operator written notice of the alleged
				violation within 90 days of becoming aware of it. Within 30 days of the
				issuance of the written notice of any alleged violation, the cable television
				operator must file an Answer, which, at a minimum, must include any
				documentation requested by the Office, including, but not limited to,
				explanation, mitigation, or evidence that no customers were harmed by such
				violation. The Office may, in its discretion, extend the time for the cable
				television company to respond up to 30 days. Upon notice of the failure to file
				a full and complete response inclusive of requested documentation within 30
				days, or 60 days, if extended, staff may pursue an enforcement action as set
				forth in this section. In the event an operator fails to respond to the notice
				of alleged violation, the operator shall be deemed in default, and following
				notice to the operator and an opportunity to cure, Board staff may present a
				Notice of Probable Violation to the Board and seek the issuance of a Final
				Order of Penalty Assessment for an assessment of the maximum penalty pursuant
				to
				N.J.S.A.
				48:5A-51, without further notice to the
				operator.
(b) For any offense
				involving an alleged notice or reporting violation, or any alleged violation
				where the company has demonstrated that it directly affects fewer than 25
				customers, a 30-day notice and opportunity to cure shall be issued and if the
				alleged notice or reporting violation or alleged violation where the company
				has demonstrated that it directly affects fewer than 25 customers is cured
				within that time, the violation shall not be subject to a penalty. The notice
				and opportunity to cure may, but is not required to, be issued concurrently
				with the notice of alleged violation. No extension of the notice and
				opportunity to cure shall be granted. An alleged notice or reporting violation,
				or any alleged violation where the company has demonstrated that it directly
				affects fewer than 25 customers is ineligible for the foregoing 30-day notice
				and opportunity to cure provision where the Board determines that the alleged
				violator has demonstrated a pattern or practice of willful and repeated
				violations occurring within three years prior to the date of the written notice
				of the particular rule at issue.
(c) Any penalty that may be assessed pursuant
				to
				N.J.S.A.
				48:5A-51 may be waived or compromised by the
				Board. Prior to assessing a penalty, the Board or the Office shall provide the
				cable television operator with a written explanation, with specificity, of the
				proposed penalty for each violation and the particular rules alleged to have
				been violated. The cable television operator may file a proposed offer of
				settlement with any response submitted to the written explanation of
				penalty.
(d) In determining the
				amount of penalty, if any, the Board and the Office shall consider:
1. The nature, circumstances, and gravity of
				the violation(s), including, but not limited to, the extent to which customers
				have been harmed, including the estimated number of customers affected by the
				alleged violation;
2. Any history
				of prior violations of that particular and specific rule within the past three
				years;
3. Any good faith effort by
				the operator to achieve compliance or cure the violation within a reasonable
				time period following notice;
4.
				Whether the violation was willful; and
5. Any other factors deemed relevant by the
				Office.