N.J. Admin. Code § 14:18-14.17 - System-wide franchise renewal pre-proposal phase
(a) By 30
months prior to the expiration of the system-wide franchise, or within six
months of filing of notice by the cable television company operating under a
system-wide franchise, whichever is later, the Office shall begin to conduct
ascertainment proceedings. Those proceedings shall: review, consistent with
N.J.S.A.
48:5A-1 et seq., the past performance of the
cable television operator holding a system-wide franchise; and assess the
future cable-related needs and interests of the municipalities covered by the
system-wide franchise, consistent with
N.J.S.A.
48:5A-28. Such proceedings shall afford
affected municipalities, the public, and the cable television operator(s)
notice and opportunity for participation.
1.
Proceedings shall be performed by staff of the Office or any other officer as
determined by the Board.
2. If the
Office deems that a public hearing or hearings are necessary to assess the
cable related needs and interests and to review, consistent with
N.J.S.A.
48:5A-1 et seq., the cable television
operator's past performance, the public hearing or hearings shall be held in
the cable television operator's franchise territory. Such hearing or hearings
shall be held upon at least 15 days written notice to the public and the cable
television operator. At any such hearing or hearings, all participants shall
have the right to present relevant comments. If the Office deems that a public
hearing or hearings is not necessary, the Office may allow comments to be filed
in lieu of holding hearings.
3. Any
proceedings pursuant to this section shall include transcripts of any public
hearings and opportunity for public comment, written or oral. Transcripts shall
be made at the expense of the cable television company operating under a
system-wide franchise. The applicant shall be required to provide notice to the
affected municipalities of any hearings and/or comment periods.
(b) The Board shall assess the
cable-related needs for the system-wide franchise and, in reviewing the cable
television operator's performance in accordance with the commitments required
of cable television companies operating under a system-wide franchise pursuant
to N.J.S.A. 48:5A-1 et seq.,
consideration shall be limited to the following:
1. Any Statewide needs and requirements as
may be established by the State Cable Act;
2. The extent to which the cable television
company operating under a system-wide franchise has met its commitments
pursuant to
N.J.S.A.
48:5A-28 and the rules and regulations of the
Office of Cable Television, in accordance with the State Cable Act;
and
3. Performance and substantial
compliance with material terms and conditions of the existing franchise based
on notice and opportunity to cure under applicable Federal law as placed on the
record.
(c) At least
seven months prior to the expiration of the system-wide franchise, the Office
of Cable Television shall issue a report to the Board with copies to the cable
television operator and Division of Rate Counsel. The report shall be made
available for public inspection.
Notes
See: 42 N.J.R. 2230(a), 43 N.J.R. 445(a).
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