N.J. Admin. Code § 14:18-13.6 - Automatic renewals

(a) The following procedures shall govern the renewal process when the consent ordinance provides for automatic renewal whether or not the ordinance requires a hearing:

1. At least 60 days prior to the expiration of the initial term, either the municipality or the cable television company must serve both the other party and the Office of Cable Television with a notice of intention not to accept renewal in order to deny renewal.

2. Prior to giving notice of intention not to accept automatic renewal, a municipality must hold a public hearing with a record of the hearing made in the manner in which the municipality causes its general public hearing records to be made upon 30 days' notice to the public and the cable television company.

3. A notice of intention not to accept automatic renewal must be based upon substantial evidence in the record leading to a finding that the cable television operator has not met the criteria of 14:18-13.7(a)1 through 4. The cable television company shall file pursuant to the provisions of 14:18-13.5(a).

4. If a municipality has arbitrarily issued a notice of intention not to accept renewal, the cable television company may file a petition for direct certification pursuant to 48:5A-17(d) prior to the expiration of the initial certificate. The cable television company shall file pursuant to the provisions of 14:18-13.5(a).

5. The Board shall issue a certificate of automatic renewal unless:

i. A notice of intention not to accept renewal has been filed; or

ii. After full hearing, upon notice to the municipality and the cable television company, the Board makes one of the findings listed in 14:18-13.7(a)1 through 4.

6. Any renegotiation of the terms of a consent subject to automatic renewal must be completed and submitted to the Board for approval as an amended consent ordinance at least 60 days prior to the expiration of the initial certificate.

Notes

N.J. Admin. Code § 14:18-13.6

Amended by R.2000 d.155, effective 4/17/2000.
See: 31 N.J.R. 3061(a), 32 N.J.R. 1402(a).
In (a), substituted a reference to cable television companies for a reference to companies in 1, substituted a reference to cable television operators for a reference to operators and added a second sentence in 3, and added a second sentence in 4; and deleted a former (b).
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)2, substituted "record of the hearing made in the manner in which the municipality causes its general public hearing records to be made" for "stenographic record by a certified shorthand reporter".