N.J. Admin. Code § 14:18-13.2

Current through Register Vol. 56, No. 16, August 19, 2024

Section 14:18-13.2 - Optional pre-proposal phase

(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.

(b) In assessing community cable related needs and reviewing the cable television operator's performance, consideration may include, but shall not necessarily be limited, to the following:

1. Any statewide needs and requirements as may be established by regulations of the Office of Cable Television;

2. Any regional community cable-related needs;

3. Any uniquely local cable-related needs;

4. Performance and substantial compliance with material terms and conditions of the existing franchise based on notice and opportunity to cure under applicable Federal law as placed on the record.

5. Any correspondence pursuant to Section 27 of the Cable Television Act.

(c) At least 12 months prior to the expiration of the certificate of approval the body conducting such hearings shall issue a report to the governing body with copies to the cable television operator, and the Office of Cable Television. The report shall be made available for public inspection.

(d) Upon receipt of the municipal report, the cable television operator shall have 90 days in which to file a municipal consent application.

(e) A municipality which has begun the ascertainment process and determines not to issue a report shall promptly notify the Office and the cable television operator in writing stating the reasons therefor.

(f) This subsection authorizes a municipality to conduct the ascertainment proceeding, consistent with these rules, the record and report for which may be used in lieu of one conducted by the Board.

N.J. Admin. Code § 14:18-13.2

Amended by R.1990 d.415, effective 8/20/1990.
See: 22 N.J.R. 1330(b), 22 N.J.R. 2575(a).
Added (e)-(f).
Amended by R.2000 d.155, effective 4/17/2000.
See: 31 N.J.R. 3061(a), 32 N.J.R. 1402(a).
Substituted references to cable television operators for references to operators throughout; in (a), substituted a reference to ascertainment proceedings for a reference to proceedings in the introductory paragraph; and in (e), inserted a reference to cable television operators.