N.J. Admin. Code § 14:17-6.17 - Rate application filings, which propose changes in regulated charges

(a) Rate application filings for the purpose of making effective revisions, changes or alterations of existing schedules of all prices, rates, charges and services, which propose to change any regulated rate, rental or charge or to alter any classification, practice, rule or regulation shall do so by filing the applicable rate forms promulgated by the FCC and shall in the body thereof, or in attached exhibits, contain all applicable information and supporting data prepared in accordance with generally accepted accounting and auditing principles or the applicable FCC regulations and:

1. A copy of the draft newspaper notice of the rate changes to be published in the service area requesting subscriber comment over a 30-day period beginning the date of publication;

2. A separate cover letter for each different application indicating which service territory or system is to be affected by the cable television company's rate application. A copy of the letter should accompany each copy of the application submitted; and

3. A statement as to the date on which it is proposed to make the schedule of all prices, rates, charges and services or change effective, which date shall not be earlier than 30 days after the filing unless otherwise permitted by the Office with the approval of the Board.

(b) Each cable television company that makes a filing under (a) above shall, at the same time, unless otherwise ordered or permitted by the Board, give notice thereof as follows:

1. Serve a notice of this filing, which includes a statement of the municipality's procedural rights under 48:5A-18(b) and 1:1-12.1, to elect to intervene as a party presenting evidence or to participate by written and/or oral statements or briefs under 1:1-12.6, and a copy of the proposed schedule of all prices, rates, terms and conditions or a copy of the petition or a statement of the effect of the proposed filing upon the municipal clerk in each of the municipalities in which there is rendered cable television service, the regulated charge for which is proposed to be changed;

2. Serve a notice of the filing and two copies of the schedule of all prices, rates, terms and conditions or rate application filing on the Department of Law and Public Safety, 124 Halsey Street, PO Box 45029, Newark, New Jersey 07102 and on the Director, Division of Rate Counsel, Department of the Treasury, 140 East Front Street 4th Floor, P.O. Box 003, Trenton, New Jersey 08625; and

3. Serve on all current subscribers who are billed on a recurring basis and who will be affected by said filing, a notice of filing and a statement of its effect on subscribers of various classes. Such notice may be by bill insert or by publication in newspapers published and circulated in the cable television company's service area.

(c) Each cable television company that makes a filing under (a) above shall, after being advised by the Office of the time and place fixed for hearing, if any, and unless otherwise ordered or permitted by the Board or Office, serve notice at least 20 days prior to such time on those persons specified in (b) 1 and (b)2 above and shall give such notice to those persons designated in 14:17-6.1 7(b)3 as current subscribers billed on a recurring basis, by bill insert or by publication 20 days prior to the date set for hearing, in newspapers published and circulated in the cable television company's service area.

(d) The notices provided for in (b) and (c) above may be given simultaneously.

(e) Where notice is prescribed under this Section it shall be at the cost and expense of the party obligated to give or serve the notice.

(f) Proof of service and/or notice required by this rule shall be filed with the Office at least five days before the date set for hearing.

(g) An opportunity for public comment shall be afforded affected subscribers. In the discretion of the presiding hearer, public comment may take the form of a hearing in the service territory or other reasonably convenient location and/or the submittal of written comments, if doing so is in the interest of prompt disposition and judicial economy.

1. The presiding officer shall also have the discretion to combine any public comment hearings to encompass more than one service territory served by a single cable operator or similar rate requests filed by more than one cable operator, if doing so is in the interest of prompt disposition and judicial economy.

2. Notwithstanding the provisions of 1:1-14.1 0(k)6 and (1), interlocutory appeals from a hearer's decision on public comment pursuant to this subsection shall be made to the Board in accordance with the terms of 1:1-14.1 0.

(h) Review of rate application filings and schedules of all prices, rates, terms and conditions under this section shall conform and comply with the regulations and procedures established by the Federal Communications Commission for the regulation of cable television rates.

(i) If there are changes to the rates as a result of the Board's review, a copy of the final schedule of all prices, rates, terms and conditions reflecting the actual rates to be charged shall be filed no later than 30 days prior to the effective date of the rate change.

Notes

N.J. Admin. Code § 14:17-6.17

Amended by R.1985 d.449, effective 9/3/1985.
See: 17 N.J.R. 1062(b), 17 N.J.R. 2142(b).
Notice requirements added to (b); hearing requirement added at (g).
Amended by R.1994 d.194, effective 4/18/1994.
See: 26 N.J.R. 96(a), 26 N.J.R. 1683(a).
Amended by R.1995 d.173, effective 3/20/1995.
See: 27 N.J.R. 46(a), 27 N.J.R. 1194(a).
Amended by R.1999 d.108, effective 4/5/1999.
See: 30 N.J.R. 4131(a), 31 N.J.R. 898(a).
In (b)2, substituted "Ratepayer" for "Rate Counsel, Department of the Public".
Amended by R.2004 d.281, effective 7/19/2004.
See: 36 N.J.R. 641(a), 36 N.J.R. 3409(a).
Rewrote the section.
Amended by R.2009 d.337, effective 11/16/2009.
See: 41 N.J.R. 2222(a), 41 N.J.R. 4308(c).
Section was "Tariff filings and rate application filings which propose changes in regulated charges". In the introductory paragraph of (a), substituted "Rate" for "Tariff filings or rate" and "schedules of all prices, rates, charges and services," for "tariffs", deleted "so" preceding "to alter any" and commas following the first occurrence of "FCC" and "principles"; in (a)3, substituted "schedule of all prices, rates, charges and services," for "tariff"; in (b)1, (b)2 and (i), substituted "schedule of all prices, rates, terms and conditions" for "tariff"; in (b)1, inserted a comma following the first occurrence of "filing"; in (b)2, substituted "Rate Counsel, Department of the Public Advocate" for "Ratepayer Advocate"; and in (h), substituted "schedules of all prices, rates, terms and conditions" for "tariffs".
Administrative change.
See: 46 N.J.R. 2114(a).