N.J. Admin. Code § 14:18-14.17

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

Section 14:18-14.17 - System-wide franchise renewal pre-proposal phase

(a) By 30 months prior to the expiration of the system-wide franchise, or within six months of filing of notice by the cable television company operating under a system-wide franchise, whichever is later, the Office shall begin to conduct ascertainment proceedings. Those proceedings shall: review, consistent with N.J.S.A. 48:5A-1 et seq., the past performance of the cable television operator holding a system-wide franchise; and assess the future cable-related needs and interests of the municipalities covered by the system-wide franchise, consistent with N.J.S.A. 48:5A-28. Such proceedings shall afford affected municipalities, the public, and the cable television operator(s) notice and opportunity for participation.

1. Proceedings shall be performed by staff of the Office or any other officer as determined by the Board.

2. If the Office deems that a public hearing or hearings are necessary to assess the cable related needs and interests and to review, consistent with N.J.S.A. 48:5A-1 et seq., the cable television operator's past performance, the public hearing or hearings shall be held in the cable television operator's franchise territory. Such hearing or hearings shall be held upon at least 15 days written notice to the public and the cable television operator. At any such hearing or hearings, all participants shall have the right to present relevant comments. If the Office deems that a public hearing or hearings is not necessary, the Office may allow comments to be filed in lieu of holding hearings.

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 cable television company operating under a system-wide franchise. The applicant shall be required to provide notice to the affected municipalities of any hearings and/or comment periods.

(b) The Board shall assess the cable-related needs for the system-wide franchise and, in reviewing the cable television operator's performance in accordance with the commitments required of cable television companies operating under a system-wide franchise pursuant to 48:5A-1 et seq., consideration shall be limited to the following:

1. Any Statewide needs and requirements as may be established by the State Cable Act;

2. The extent to which the cable television company operating under a system-wide franchise has met its commitments pursuant to 48:5A-28 and the rules and regulations of the Office of Cable Television, in accordance with the State Cable Act; and

3. 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.

(c) At least seven months prior to the expiration of the system-wide franchise, the Office of Cable Television shall issue a report to the Board with copies to the cable television operator and Division of Rate Counsel. The report shall be made available for public inspection.

N.J. Admin. Code § 14:18-14.17

New Rule, R.2011 d.058, effective 2/22/2011.
See: 42 N.J.R. 2230(a), 43 N.J.R. 445(a).

Amended by 54 N.J.R. 630(a), effective 4/4/2022