N.J. Admin. Code § 14:18-14.13

Current through Register Vol. 56, No. 23, December 2, 2024

Section 14:18-14.13 - Cable television operator system-wide franchise conversion

(a) Any cable television company currently operating under authority of a municipal consent(s) and Certificate(s) of Approval issued by the Board prior to the effective date of P.L. 2006, c. 83 may convert any or all such Certificate(s) of Approval into a system-wide franchise.

(b) A cable television company wishing to convert any or all of its existing Certificate(s) of Approval to a system-wide franchise must provide notice to the Board and each municipality affected, via certified mail, that it intends to convert to a system-wide franchise.

(c) In its notice to the Board and each affected municipality, the cable television company shall:

1. Confirm that it will abide by the provisions of N.J.S.A. 48:5A-28h through n;

2. List each municipality that is to be initially converted to a system-wide franchise;

3. List the corporate entity that will hold the system-wide franchise as well as the name to be used;

4. Indicate the amount of the performance bond, consistent with the provisions of N.J.S.A. 48:5A-28d, it will maintain for the system-wide franchise;

5. Indicate the type(s) and amount(s) of insurance, consistent with the provisions of N.J.S.A. 48:5A-28f, it will maintain for the system-wide franchise; and

6. Indicate whether any provision of the municipal-consent-based franchise that is subject of the conversion will affect the cable television operator's franchise obligations in any remaining municipal consent within the cable television operator's system.

(d) Upon receipt by the Board of the letter indicating the cable television company's intent to convert to a system-wide franchise, which letter must include the requirements of (c) above, the cable television company will be deemed to have been granted a system-wide franchise.

(e) The Board shall issue a system-wide franchise order memorializing the conversion of the Certificate(s) of Approval to a system-wide franchise, which shall specify:

1. The municipalities included in the system-wide franchise;

2. That the franchise term is for seven years from the date of receipt of the cable television company's notice specifying its intent to convert to a system-wide franchise, and shall not change if the cable television operator adds municipalities to its system-wide franchise after the date of receipt of such notice, in accordance with N.J.S.A. 48:5A-25.1a;

3. The amount of the performance bond and type(s) and amount(s) of insurance, not exceeding the amounts required for system-wide franchise applicants under N.J.S.A. 48:5A-28d and f, that the cable television company commits to maintain under its system-wide franchise; and

4. The cable television company's commitment to comply with the provisions of N.J.S.A. 48:5A-28h through n.

N.J. Admin. Code § 14:18-14.13

Amended by R.2011 d.058, effective 2/22/2011.
See: 42 N.J.R. 2230(a), 43 N.J.R. 445(a).
In (c)1, deleted "and" from the end; in (c)2, substituted a semicolon for a period at the end; added (c)3 through (c)6; rewrote (e)2; added new (e)3; and recodified former (e)3 as (e)4.