N.J. Admin. Code § 14:18-4.5

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

Section 14:18-4.5 - Compensation for taking because of installation of cable television facilities

(a) A cable television operator shall award $ 1.00 to a fee owner, as defined by 48:5A-49(b)(1), in consideration of the access granted pursuant to the Cable Television Act, 48:5A-49.

(b) Unless cable television service is being currently provided to a certain multifamily property, a cable television operator shall serve written notice to the fee owner, landlord or agent of its intent to install cable television service or facilities upon the fee owner's property at least 30 days prior to commencing such installation. Notice shall be served by certified mail and the form and content of such notice shall include at a minimum:

1. The name and address of the cable television operator;

2. The name and address of the fee owner, manager or superintendent;

3. The approximate date of the installation;

4. Citations from the Cable Television Act and New Jersey Administrative Code, specifically 48:5A-49 and 48:5A-51, and 14:18-4.5;

5. A general description of the proposed method of installation;

6. Notice that the amount of $ 1.00 in consideration for the access granted pursuant to the Cable Television Act will be tendered when an agreement is signed.

(c) If no response to the notice is forthcoming within 30 days, the cable television operator has a statutory right and a franchise obligation to provide cable television service. In order to enforce this right and satisfy said obligation, a cable television company must apply for an administrative approval for access. To apply, said company must submit to the Board of Public Utilities, copies of its notice and a specific description of the proposed method of installation.

1. If a response is received pursuant to (b) above and an agreement for access is not reached within 45 days of said response, the cable television operator may apply to the Director for approval to install its cable television facilities. At such time the Director will either recommend to the Board that such an administrative order issue or alternatively deem such matter contested. In the event of the latter, the matter shall be handled in accordance with the Administrative Procedure Act, 52:14B-1 et seq., and the rules of the Office of Administrative Law, N.J.A.C. 1:1.

(d) Upon notice served pursuant to (b) above, except when such notice does not apply to multi-family properties currently receiving cable television service, fee owners may apply to the Office of Cable Television for just compensation. The owner has the burden of proof to clearly demonstrate:

1. The value of the applicant's property before the installation of cable television facilities;

2. The value of the applicant's property subsequent to the installation of cable television facilities;

3. The criteria, data, method or methods used to determine such values;

4. Out of pocket costs directly attributed to the installation and presence of cable television facilities in the multi-unit dwelling;

5. Any extraordinary costs to be borne by the applicant associated with the installation and presence of cable television facilities.

(e) The Director may, upon good cause shown, permit the filing of additional information to supplement the application. Copies of the application filed with the Office of Cable Television shall be served upon the cable television company in compliance with N.J.A.C. 14:17-6. Answers, if any, shall be filed within 20 days in compliance with N.J.A.C. 14:17-7. If said filing is limited to an application for compensation, the Director may permit the installation of cable television facilities provided that all issues relating to indemnification and protection of property have been satisfied.

(f) The Director shall determine whether an application filed consistent with (d) above establishes a contested case for compensation pursuant to (d). In such an event the matter shall be handled in accordance with the Administrative Procedure Act, N.J.A.C. 52:14B-1et seq., and the rules of the Office of Administrative Law, 1:1-1.1 et seq.

(g) All executed access agreements must be available for inspection by the Office of Cable Television.

(h) A fee owner, landlord, or agent shall not prohibit, restrict, or otherwise condition the provision of cable television service installed pursuant to an administrative order issued by the Board of Public Utilities in accordance with (c)1 above.

N.J. Admin. Code § 14:18-4.5

Amended by R.2000 d.155, effective 4/17/2000.
See: 31 N.J.R. 3061(a), 32 N.J.R. 1402(a).
In (b), rewrote the last sentence of the introductory paragraph; in (c), substituted a reference to cable television companies for a reference to companies in the introductory paragraph; in (e), changed N.J.A.C. references throughout; and rewrote (g).
Amended by R.2003 d.452, effective 11/17/2003.
See: 35 N.J.R. 100(a), 35 N.J.R. 5294(a).

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