N.J. Admin. Code § 14:18-3.9

Current through Register Vol. 56, No. 24, December 18, 2024

Section 14:18-3.9 - Due date of payment and notice of discontinuance

(a) The specified due date of payment shall be no less than 15 days from the start of the billing cycle of the bill.

(b) Prior to disconnection for non-payment, a customer must receive 15 days written notice from the cable television company. Such notice must be provided separately and not as part of the periodic bill. Such notice shall not be issued until 15 days beyond the due date on the previous bill. Such notice may be provided using any reasonable written means in accordance with 47 CFR 76.1600 and not inconsistent with any other applicable Federal or State statute for customers who have opted to receive electronic billing.

(c) A new notice shall be served by the cable television company each time the cable television company intends to discontinue service for nonpayment of a bill.

(d) If a cable television company issues a notice of discontinuance, but fails to act upon it within 30 days of issuance, a new notice shall be served prior to service suspension.

(e) In case of fraud, illegal use or when it is clearly indicated the customer is preparing to leave, immediate payment of accounts may be required.

(f) A customer wishing to discontinue service must give notice to that effect, either verbally by speaking with a customer service representative on the phone or in-person, or in writing. Where such notice is not received by the cable television company, the customer shall be liable for service until such notice is received by the cable television company.

(g) Notice to discontinue service will not relieve a customer from any minimum or guaranteed payment under any contract or rate agreement.

(h) Each cable television company shall annually notify all residential customers that, upon written request, notice of disconnection of service will be sent to a designated third-party, as well as to the customer. Once a customer has made a third-party designation, notification of this provision need no longer be provided to that customer. After the initial notice, notice of this provision may be provided as part of the annual notices required by N.J.A.C. 14:18-3.18.

1. A customer requesting such a third party designation must send a written notification to his or her cable television operator on a form which may be designated by the cable television operator. The notification shall contain the written acceptance of the person to act as a third party to receive the notification(s) on behalf of the customer.

2. Notice of third party designation shall be effective no later than 10 business days following the date of receipt by the cable television operator.

3. A cable television operator shall notify the third party designee of disconnection of the customer in the same method that it notifies the subscriber, in accordance with the provisions of (b) through (d) above, where notice of third party designation has been received and is effective.

4. Designation of a third party shall not constitute liability on the part of the third party for payment of the cable television bill and the cable television operator shall not demand payment from the third party.

N.J. Admin. Code § 14:18-3.9

Amended by R.2000 d.155, effective 4/17/2000.
See: 31 N.J.R. 3061(a), 32 N.J.R. 1402(a).
Rewrote (a); and in (c), substituted a reference to cable television companies for a reference to companies.
Amended by R.2003 d.452, effective 11/17/2003.
See: 35 N.J.R. 100(a), 35 N.J.R. 5294(a).
Substituted "customer" for "subscriber" throughout; in (a), substituted "start of billing cycle" for "date" preceding "of the bill"; added a new (d); recodified existing (d) through (f) as (e) through (g).
Amended by R.2005 d.296, effective 9/6/2005.
See: 37 N.J.R. 959(a), 37 N.J.R. 3444(b).
Added (h).
Amended by R.2007 d.154, effective 5/7/2007.
See: 38 N.J.R. 4822(b), 39 N.J.R. 1766(a).
In (g), inserted "agreement".
Amended by R.2008 d.265, effective 9/2/2008.
See: 40 N.J.R. 1622(a), 40 N.J.R. 5052(a).
In (f), inserted ", either verbally or in writing".

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