N.J. Admin. Code § 14:18-4.12 - Home run wiring in MDU settings

(a) The following applies to home run wiring where an MDU owner has an ownership interest:

1. Where an MDU owner has an ownership interest in the home run wiring utilized by the incumbent franchised cable operator, and the MDU owner desires to utilize the home run wiring for services to be provided by an alternate MVPD, it is the MDU owner's responsibility to ensure that any actions taken to gain control of the home run wiring are consistent with the mandatory access rights granted to the cable television operator under N.J.S.A. 48:5A-49, N.J.S.A. 48:5A-51, and N.J.A.C. 14:18-4.5. Pursuant to these sections, no MDU owner may terminate access to existing home run wiring in which it has an ownership interest without proper notice to the incumbent franchised cable television operator and without affording the incumbent cable television operator an opportunity to replace existing home run wiring in the MDU.

2. No MDU owner or agent of an MDU owner shall deny any tenant of a dwelling under its control access to the services of a franchised cable television operator, nor otherwise abridge the rights or discriminate against any such tenant receiving cable television service; in accordance with the provisions of N.J.S.A. 48:5A-49 and any other relevant rule or statute now in effect or hereinafter enacted.

(b) The following applies to home run wiring where an MDU owner does not have an ownership interest:

1. Where an MDU owner does not have an ownership interest in the home run wiring utilized by the incumbent franchised cable television operator, the MDU owner is prohibited from entering into any contracts with an alternate MVPD to remove, alter, modify, disrupt or share the incumbent franchised cable television operator's home run wiring to provide service without the written consent of the cable television operator.

2. Cable television operators are required to respond to written inquiries from MDU owners regarding the status and proposed use of existing home run wiring within 30 days of receipt by the cable television operator. The cable television operator's response shall include a full explanation of its position, supported by appropriate contractual and legal documentation in accordance with State and Federal law.

(c) In no event shall the actions taken by any party in accordance with this section disrupt existing service to cable television customers.

(d) The rules regarding the disposition of cable home wiring will continue to apply to the wiring on the customer's side of the cable demarcation point.

(e) After November 17, 2003, franchised cable television operators shall include a provision in all service contracts entered into with MDU owners setting forth the disposition of any home run wiring in the MDU upon the termination of the contract.

1. Incumbent cable television providers are prohibited from using any ownership interest they may have in property located on or near the home run wiring, such as molding or conduit, to prevent, impede, or in any way interfere with, the ability of an alternative MVPD to provide service to an MDU. This paragraph shall not apply where the incumbent franchised cable television operator possesses a contractual right to maintain its molding on the premises without alteration by the MDU owner.

Notes

N.J. Admin. Code § 14:18-4.12

New Rule, R.2003 d.452, effective 11/17/2003.
See: 35 N.J.R. 100(a), 35 N.J.R. 5294(a).