N.J. Admin. Code § 14:18-13.5 - Cable television operator proposal

(a) The municipality may either adopt an ordinance granting renewal municipal consent to the cable television operator or issue a resolution denying renewal. Upon action by the municipality the cable television operator shall proceed as follows:

1. Upon recommendation, in the form of a resolution, by the municipality that the Board deny renewal, or upon the cable television operator's failure to accept the municipal consent ordinance, the cable television operator shall have 30 days in which to file with the Board a petition in accordance with 48:5A-1 et seq. and 47 U.S.C. § 546(c) accompanied by a completed application for a renewal certificate of approval.

i. A copy of the petition must be served on the municipality.

ii. The petition shall include a copy of the initial needs assessment/performance review report, if issued, and the resolution stating reasons for the recommendation of denial.

(b) The failure of the municipality to issue either a consent ordinance or a resolution recommending that the Board issue a preliminary assessment of denial within the time period specified herein, shall be deemed to be a recommendation that the Board issue a preliminary assessment of denial. The cable television operator shall file pursuant to (a) above.

(c) If a renewal consent ordinance is granted, the cable television operator shall have 30 days from acceptance of the ordinance in which to file a COA petition with completed application. Said application shall reflect any modifications made as a result of negotiations with the municipality. A copy of the petition and completed application shall be served on the municipality.

(d) Upon receipt of a petition, the Director shall publish notice that a COA renewal petition has been filed.

(e) Upon receipt of a complete COA renewal petition, the Board of Public Utilities shall have 30 days to either issue a certificate of approval or refer the matter to an Administrative Law Judge for hearing as a contested case upon the preliminary assessment of denial. The hearing shall be pursuant to 52:14B-1 et seq. and N.J.A.C. 1:1. At the option of the parties, the Office may schedule a pretransmittal settlement conference pursuant to N.J.A.C. 14:17-8 prior to transmittal to the Office of Administrative Law.

(f) The municipality and the cable television operator shall be noticed of either the issuance of a Certificate of Approval or transmittal to the Office of Administrative Law for hearing on the preliminary assessment of denial.

1. In making a preliminary assessment of denial, the Board shall consider the following:

i. Any recommendations by the municipality.

ii. Whether the cable television operator's proposal meets the future community related needs as established by the municipality and the statewide criteria and standards of rules and regulations, as established by the Office of Cable Television.

Notes

N.J. Admin. Code § 14:18-13.5

Amended by R.2000 d.155, effective 4/17/2000.
See: 31 N.J.R. 3061(a), 32 N.J.R. 1402(a).
Rewrote the section.
Amended by R.2007 d.154, effective 5/7/2007.
See: 38 N.J.R. 4822(b), 39 N.J.R. 1766(a).
In (a)1, inserted ", in the form of a resolution," and substituted "municipality that the Board" for "municipality to"; and in (c), inserted "from acceptance of the ordinance".