N.J. Admin. Code § 14:18-15.4 - Public, educational, and governmental access channels; return lines; interconnection

(a) A cable television company operating under a system-wide franchise shall provide two public, educational, and governmental access channels to each municipality served by that system-wide franchise. The public, educational, and governmental access channels shall be made available within a reasonable timeframe after the cable television company, operating under a system-wide franchise, begins to provide cable television service within the municipality. Upon request of the municipality, the public, educational, and governmental access channels shall be provisioned in the same manner and quality as commercial channels offered on the applicant's system.

1. If a municipality served by a system-wide franchise requests more than two public, educational and governmental access channels it shall demonstrate that its cable-related needs require the provision of additional access channels. In its request for additional access channels, the municipality must provide to the cable television company operating under a system-wide franchise, with copies to the Office, proof that:

i. The existing cable television operator provides more than two public, educational and governmental access channels for the use of the municipality and the channels are necessary to be continued by the cable television company; or

ii. The access channels provided by the existing cable television operator are utilized to such an extent that the additional access channels are necessary.

2. A cable television company operating under a system-wide franchise may agree voluntarily to provide additional public, educational and governmental access channels.

3. A municipality served by a system-wide franchise may waive the requirement that the cable television company operating under a system-wide franchise provide either one or both of the public, educational and governmental access channels.

i. If at any time during the system-wide franchise or renewal thereof, the municipality determines it will claim the public, educational and governmental access channel or channels, it may request in writing that the cable television company operating under a system-wide franchise provide the public, educational and governmental access channel or channels to the municipality.

ii. The cable television company operating under a system-wide franchise shall have 90 days to comply with the municipality's request for a claimed public, educational and governmental access channel or channels.

iii. Until such time as the municipality claims a waived public, educational and governmental access channel or channels, the cable television company operating under a system-wide franchise may utilize the channel or channels for its own purposes in accordance with 47 U.S.C. § 531(d).

4. The municipality shall assume responsibility for the management, operations and programming of the public, educational and governmental access channels or it may appoint a non-profit designee to act on behalf of the municipality in this capacity. The municipality shall develop rules for the access channels under its management. Nothing herein shall prevent a municipality from entering into an agreement with surrounding municipalities to manage, operate and program the public, educational and governmental access channels on a joint basis.

(b) If the municipality and the cable television company operating under a system-wide franchise are unable to agree upon the terms and conditions for the provision of the required access channels or the provision of additional access channels as requested by the municipality, the municipality or the cable television company operating under a system-wide franchise may request that the Office of Cable Television intervene to resolve the matter. The Office shall utilize the procedures specified in N.J.A.C. 14:17-8.

(c) Upon written request of a municipality served by a system-wide franchise, the cable television company shall provide one return line from one location in the municipality to a point of interconnection in its cable television system in order to allow live or taped cablecasting of programming by the municipality. Such return line will be provided within such time mutually agreed upon by the cable television company and the municipality. If the parties are unable to reach an agreement with regard to the provision of the return line, the municipality or the cable television company operating under a system-wide franchise may request that the Office of Cable Television intervene to resolve the matter. The Office shall utilize the procedures specified in N.J.A.C. 14:17-8.

(d) Each cable television company serving a municipality must provide interconnection to its cable television system to any other cable television company serving the same municipality for the purposes of interconnecting public, educational and governmental access channels on reasonable terms and conditions.

1. A cable television company that has interconnected its public, educational and governmental access channel or channels with another cable television company may require the second cable television company to pay for half the cable television company's absorbed costs for the extension.

2. If a cable television company is unable to interconnect with another cable television company because it believes the terms and conditions are not reasonable, it may petition the Board for assistance in resolution of the dispute. The Board shall utilize the procedures set forth in N.J.A.C. 14:17-8.

Notes

N.J. Admin. Code § 14:18-15.4

Amended by R.2008 d.265, effective 9/2/2008.
See: 40 N.J.R. 1622(a), 40 N.J.R. 5052(a).
In (b), inserted "terms and conditions for the provision of the required access channels or the"; and in (c), substituted "return line" for "service" following "Such" and inserted the last two sentences. Amended by 54 N.J.R. 630(a), effective 4/4/2022