N.J. Admin. Code § 14:18-13.8 - Compliance with Federal terms and conditions for sale

(a) In the event renewal of a certificate is denied, the Board shall act to minimize the disruption of service to customers.

(b) If the Board must determine the fair market value of the system, the determination shall be done in the following manner:

1. The Board and the cable television operator shall each name an independent appraiser.

2. Each appraiser shall have 60 days in which to prepare an appraisal according to Member Appraisal Institute (MAI) standards.

3. Both appraisals shall be submitted simultaneously to the Board.

4. In reviewing the appraisals:

i. Identical appraisals shall be conclusive as to fair market value;

ii. If a higher appraisal does not exceed the lower by more than 20 percent, the average of the two shall be the fair market value.

iii. If the differential is greater than 20 percent, the Board shall compare the two appraisal reports and determine fair market value.

(c) The procedure in (b) above shall also apply in the event a certificate is revoked for cause, and the Board must determine an equitable price for the system.

(d) Notwithstanding the provisions of (b) and (c) above, the cable television operator shall have a right to a hearing, upon application, to have the Board determine fair market value, or an equitable price, as appropriate.

Notes

N.J. Admin. Code § 14:18-13.8

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.2003 d.452, effective 11/17/2003.
See: 35 N.J.R. 100(a), 35 N.J.R. 5294(a).
In (a), substituted "customers" for "subscriber".