The Appellate Division reversed the BPU and held that RCN's SMATV system is not a "cable system" under ยง 522(7)(B). In reAlleged Non-Compliance by RCN of NY, 375 N.J.Super. 12, 14, 866 A.2d 235 (App.Div. 2005). The court reasoned that the term "use" must be interpreted in light of congressional intent to encourage the spread of cable television by limiting regulation.
May 25, 2005 Appeal from 375 N.J.Super. 12, 866 A.2d 235. Petition for certification granted.